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US sets deadline to end Temporary Protected Status for Haitian immigrants

US sets deadline to end Temporary Protected Status for Haitian immigrants

Al Jazeera5 hours ago

The United States government has announced it will terminate special protections for Haitian immigrants.
In a statement issued Friday, the Department of Homeland Security (DHS) said that, starting on September 2, Haitians would no longer be able to remain in the country under the Temporary Protected Status (TPS) designation.
TPS allows nationals from countries facing conflict, natural disaster or other extraordinary circumstances to temporarily remain in the US. It also gives them the right to work and travel.
The designation is typically made for periods of six, 12 or 18 months, but that can be extended by the DHS secretary.
But under the administration of President Donald Trump, temporary protections like TPS have been pared back, as part of a broader push to limit immigration to the US.
'This decision restores integrity in our immigration system and ensures that Temporary Protective Status is actually temporary,' a DHS spokesperson said in Friday's statement.
Haiti first received the TPS designation in 2010, when a devastating earthquake killed more than 200,000 people and left 1.5 million homeless – more than a 10th of the population. The designation has been routinely extended and expanded, particularly as gang violence and political instability worsened in recent years.
Since his first term in office, from 2017 to 2021, President Trump has sought to strip TPS for Haitians, even as conditions have deteriorated in the Caribbean island nation.
Today, Haiti faces a protracted humanitarian crisis, with more than 5,600 people killed by gangs last year and 1.3 million displaced. Armed groups now control up to 90 percent of the capital, and food, water and medical services are extremely difficult to come by.
The US Department of State has placed a travel advisory on Haiti, listing it as a Level 4 country, the highest warning level.
Level 4 signifies 'do not travel', as there are life-threatening conditions in the designated area. The State Department advises Americans to avoid Haiti 'due to kidnapping, crime, civil unrest, and limited health care'.
The DHS statement, however, notes that Secretary of Homeland Security Kristi Noem 'determined that, overall, country conditions have improved to the point where Haitians can return home in safety'.
'She further determined that permitting Haitian nationals to remain temporarily in the United States is contrary to the national interest of the United States,' the statement adds.
An estimated 260,000 Haitians have TPS. The statement advises that those affected can either pursue another immigration status or return home.
But Haitians are not the only group to face the revocation of their temporary immigration status.
In early May, the Supreme Court cleared the way for the Trump administration to revoke TPS for 350,000 Venezuelans living in the US.
Later in the month, the high court also ruled that Trump can revoke the two-year 'humanitarian parole' that allowed 530,000 people to legally remain and work in the US. The affected humanitarian parole recipients included Cubans, Haitians, Venezuelans and Nicaraguans, all of whom face instability and political repression in their home countries.
Trump officials have also moved to end TPS for 7,600 Cameroonians and 14,600 Afghans. But critics note that fighting continues to rage in Cameroon, and in Afghanistan, the Taliban government is accused of perpetrating widespread human rights abuses.

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What cases did the US Supreme Court decide at the end of its 2024 term?
What cases did the US Supreme Court decide at the end of its 2024 term?

Al Jazeera

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  • Al Jazeera

What cases did the US Supreme Court decide at the end of its 2024 term?

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California Governor Newsom sues Fox News for $787m over alleged defamation
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  • Al Jazeera

California Governor Newsom sues Fox News for $787m over alleged defamation

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‘Explosive': US Supreme Court deals blow to those challenging Trump's power
‘Explosive': US Supreme Court deals blow to those challenging Trump's power

Al Jazeera

time3 hours ago

  • Al Jazeera

‘Explosive': US Supreme Court deals blow to those challenging Trump's power

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If no further action is taken, in theory, the order could be blocked in the handful of states where judges have already issued injunctions related to at least 10 individual lawsuits. But it could go into effect in dozens of other states where judges have issued no such injunction. The Supreme Court's ruling says Trump's order will not be enforceable for at least 30 days. But Leon Fresco – a former deputy assistant attorney general who oversaw immigration at the Justice Department under President Barack Obama – warned that, after that 30-day period, there could be grave consequences for the newborn children of immigrants. 'If there isn't an injunction in your jurisdiction that prevents the executive order from being implemented and you're born to a parent without a status that confers you citizenship, then the government could deny you either a passport, if you apply for a passport, or a Social Security number,' he told Al Jazeera. Class action challenge The decision on Friday does not completely remove the possibility of a judge issuing a nationwide injunction to an executive order. Legal experts say it just severely restricts the avenues. Prior to the decision, groups and individuals could launch a panoply of legal challenges in federal courts across the country, any of which could result in nationwide injunctions. Now, a judge can only issue a blanket pause in response to a class action lawsuit, which is a complaint brought on behalf of an entire 'class' of people. The process is typically more complex, time-consuming and costly. The Supreme Court's majority opinion, Fresco explained, also clarified that only one nationwide class action lawsuit can represent a specific challenge. 'There wouldn't be this ability, which happens now, where plaintiffs can file cases in five or six different courts, in hopes of getting one judge in any of those courts to issue a nationwide injunction,' he said. 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'The majority ignores entirely whether the President's Executive Order is constitutional, instead focusing only on the question whether federal courts have the equitable authority to issue universal injunctions,' Sotomayor wrote. 'Yet the Order's patent unlawfulness reveals the gravity of the majority's error.' Absent a class action lawsuit, individuals and groups will be forced to launch their own lawsuits to get individual reprieves from potentially illegal presidential orders. That's because the conservative supermajority ruled that court injunctions in most cases should only apply to the plaintiffs in the lawsuit at hand. In a post on the social media platform X, Democratic Representative Debbie Wasserman Schultz wrote that the Supreme Court's decision allows Trump to 'rip away birthright citizenship, forcing individuals to file burdensome lawsuits to get it back'. Wider implications But Friday's decision not only restricts who is protected by a given court injunction, it also has sway over how much the judicial branch of government can continue to serve as a bulwark against the executive branch. Critics of universal injunctions have long accused federal judges of overstepping their authority by blocking presidential action. Among those celebrating Friday's decision was Senator Chuck Grassley, who has spearheaded legislation on the issue. In a statement, he called such injunctions an 'unconstitutional affront to our nation's system of checks and balances' that 'ought to be stopped for good'. Proponents, however, say the ability for judges to issue swift, wide-reaching pauses on controversial policies is needed to safeguard against presidential overreach. Many see Trump as taking the expansion of presidential powers to a new level during his second term. Since returning to office for a second term, Trump has issued 164 executive orders, surpassing the 162 issued by former President Joe Biden during his entire presidency. That number – for a span of about five months – is rapidly approaching the total for Trump's entire first term: 220. Meanwhile, federal judges issued at least 25 national injunctions to Trump's orders during his first 100 days in office, some of which paused cuts to federal funding, attacks on diversity initiatives and overhauls to the US immigration systems. Some of those court cases will likely be re-challenged in light of the latest ruling, experts said. In a post on X, Senator Chris Coons, a Democrat, warned the courts ruling 'will only embolden Trump and his dismantling of our federal government'. 'It will create an unworkable patchwork of laws that shift depending on who you are or what state you're in.' Orr, the former law association president, agreed with that assessment. 'This decision does not build consistency across the United States at a time when people need these standards,' he said. 'People do not have time or money to wait to have these issues resolved.'

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