A class-action lawsuit was filed by immigration advocates in federal court this week to reverse the Trump administration’s decision to terminate Temporary Protected Status (TPS) for around 100,000 immigrants from Honduras and Nepal. The new lawsuit was filed in the same court that is hearing arguments on a similar lawsuit brought on behalf of TPS immigrants from El Salvador, Haiti, Nicaragua, and Sudan. In that case, a ruling by the U.S. District Court in Northern California prevented TPS benefits from ending while the court case was being heard.
TPS allows certain foreign non-citizens who were physically present in the United States at the time of a natural disaster, outbreak of war, or other extraordinary event occurred in their home countries. The program was created as part of the Immigration Act of 1990. Under the law, TPS status was to be reviewed by the U.S. government every 18 months. The Trump administration denied to renew TPS for 98 percent of foreign nationals covered by the program.
The lawsuit, Bhattarai vs. Nielsen, argues that the decision to end TPS for 86,000 Hondurans and 15,000 Nepalese was based in part on discrimination and racism. The lawsuit also alleges that it is unconstitutional to force U.S. citizen children of TPS recipients to choose between staying with their family or leaving the only home they’ve ever known. TPS protections for Nepalese beneficiaries are scheduled to end in June and for Honduran beneficiaries next January.
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Some foreign nationals covered by TPS may be eligible for a green card. The immigration lawyers at the Law Offices of Scott Warmuth help clients find the best way to seek legal permanent residence and United States citizenship. Call 888-517-9888 to schedule your free immigration consultation.