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| JUDGE EDWARD CHEN |
AN ASIAN AMERICAN federal judge cited Donald Trump's alleged description of African and Caribbean nations as "sh*thole countries" Tuesday while questioning his administration's motives for ending a program that lets immigrants from four countries live and work legally in the U.S.
The ruling comes in a lawsuit that contends the administration improperly changed the rules for the program out of racism.
Federal Judge Edward Chen placed a temporary injunction against the Trump Administration's actions to end Temporary Protected Status (TPS) for approximately 300,00 illegal aliens. Chen ruled on Wednesday that TPS recipients from El Salvador, Haiti, Nicaragua and Sudan would suffer irreparable harm and hardship if the status is terminated.
The Trump administration canceled TPS for those four countries, but gave TPS recipients from those countries an 18-month window to return home. Haiti was first given TPS status in 2010. El Salvador, Nicaragua, and Sudan have had the TPS designation for nearly 20 years.
“The decision to terminate the TPS designation for nearly 200,000 Salvadoran immigrants who have lived in America for decades is another gross misuse of power from this administration," stated Asian Americans Advancing Justice. "Ending temporary status and work authorization for Salvadorans turns more than 190,000 U.S. residents into undocumented immigrants and has the potential to upend the lives of their American-born children."
“The question is, if there’s this allegation (by the plaintiffs) of less-than-pure motives on the part of the White House with respect to immigration policy, and TPS in particular, and those subject to this particular decision, who are characterized as coming from ‘shithole countries,’ whether that influenced [former Acting Secretary of Homeland Security Elaine Duke] in any way,” Chen said.
Referring again to Duke and the Trump administration's relationship, Chen continued, “The fact that she’s mindful of the president’s policy suggests there’s a degree of influence coming from the White House on the merits of this TPS decision."
Chen also noted a line in Duke's documents that made a connection between the TPS block and Trump's "America First" policy.
“This suggests the America First view is what’s driving the conclusion that the TPS program must end soon,” Chen said, noting the plaintiffs’ claim that “America First means ending immigration status for those who are non-white.”
Should Chen rule that that the revoking of TPS status was due in part to a racist agenda, it would be considered a violation of the U.S. Constitution’s equal protection clause. He did not give any indication of when he would rule.
“This suggests the America First view is what’s driving the conclusion that the TPS program must end soon,” Chen said, noting the plaintiffs’ claim that “America First means ending immigration status for those who are non-white.”
Should Chen rule that that the revoking of TPS status was due in part to a racist agenda, it would be considered a violation of the U.S. Constitution’s equal protection clause. He did not give any indication of when he would rule.
From Trump’s decision to end the Deferred Action for Childhood Arrivals (DACA) program to the termination of TPS for millions of immigrants, these type of attacks on immigrant communities are unnecessary and will only result in economic hardship and family separation, said Advancing Justice.
These individuals with TPS have fled life-threatening and devastating conditions in their native countries to build a life here in the U.S. where they work, pay taxes, and contribute within their communities.
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