The Ninth Circuit Acts Responsibly – for a Change – in Ending Temporary Protected Status For Illegals

PJ Media ^ | 09/26/2020 | BY HANS VON SPAKOVSKY AND COURTNEY BAER

[SeekAndFind]

“Nothing lasts longer than a temporary government program,” President Reagan once said. That adage certainly applies to the Temporary Protected Status program. TPS was intended to give only short-term permission for aliens to be in the U.S., but that permission has often gone on seemingly without end.

Fortunately, a three-judge panel of the 9th Circuit Court of Appeals, in a 2-to-1 decision, has just dissolved an injunction that prevented the Department of Homeland Security (DHS) from ending TPS for illegal aliens from Sudan, Nicaragua, El Salvador, and Haiti who have been in the U.S. for decades.

As Judge Consuelo Callahan explained in Ramos v. Wolf, the TPS program was created in 1990 to provide “temporary relief to nationals of designated foreign countries that have been stricken by a natural disaster, armed conflict or other ‘extraordinary and temporary conditions in the foreign state.” It is codified at 8 U.S.C. §1254a; 21 countries and the Province of Kosovo have received TPS designations.

Initial TPS designations last for a period of 6 to 18 months. Sixty days before the end of the designated time-period, DHS is supposed to determine whether the conditions – such as a hurricane – that led to TPS status still exist. If DHS does nothing to terminate the TPS designation, it is automatically continued. The statute also very specifically says that the courts have no jurisdiction to review the decision by DHS to make the designation in the first place or to terminate it.

Between 2017 and 2018, the Trump administration terminated the TPS designations of Sudan, Nicaragua, El Salvador, and Haiti. These countries had one major thing in common – they had been on the TPS list for about two decades, with only one exception.

[RideForever]

It’s a start. President Trump still needs to commit to the following.

The Deplorables want a Comprehensive Immigration Enforcement bill, missing since 1986 ONE TIME amnesty. Since that amnesty was granted already, a second amnesty is off the table. What remains is the enforcement the Democrats have disallowed since then.

The List of Comprehensive Immigration Enforcement, missing since 1986 goes like this -
1) southern barrier;
2) require eVerify to hire;
3) end all chain migration;
4) birthright per Minor v. Happersett (plural parents);
5) end work visas;
6) 10-year moratorium on all new applications for citizenship (40 years to allow workplace automation effects on downsizing population);
7) Set up an illegal aliens’ victim restitution fund.

Enactment of these provisions will motivate illegal aliens to SELF-deport, and remove colonizadors from our welfare rolls.

We need to pass these protections in order not to make out Democrats as liars who promised the protection in exchange for a ONE TIME AMNESTY. The Democrats got the amnesty already. Now its past time for the protections we were promised.

[TangoLimaSierra]

Trump is steadily conservitising the 9th.

[Zhang Fei]

Plaintiffs will appeal, the full 9th circuit will hear it, re-impose the injunction (since it’s still got a liberal majority). The administration will appeal to the Supreme Court, and that is where this will be decided.

[Petrosius]

The statute also very specifically says that the courts have no jurisdiction to review the decision by DHS to make the designation in the first place or to terminate it.

Then why are they exercising jurisdiction?

[kiryandil]

A ND California Clownbammy judge imposed the injunction, a Dubya judge and a Federalist Society Trump judge removed the injunction, "resisted" by a Clownbammy "Resistance" judge.

The en banc panel has to draw more RapinBill/Clownbammy judges than Dubya/Trump judges - it's the luck of the draw, now. Of course, the Leftys start with the advantage of the RapinBill chief judge...

Here's the United States Court of Appeals for the Ninth Circuit [as of January 2, 2020]:

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================
Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
67	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present   &2014–present	Clinton
71	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
69	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump

=========================
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991 	1991–present	Nixon   &1988–1991
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996 	1996–present	Nixon   &1991–1996
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011 	2011–present	Carter  &2000–2007
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
66	Senior Circuit	Jay Bybee	        Las Vegas, NV	1953	2003–2019	2019–present	G.W. Bush
85	Senior Circuit	Carlos Bea	        San Francisco	1934	2003–2019	2019–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

& denotes Chief Judge of the Court
* denotes Federalist Society member

[kiryandil]

The en banc panel is 11 of the 29 active circuit judges, chosen at random, except for the chief judge...