A federal judge in Manhattan has suspended the implementation of US President Donald Trump’s administration decision to end Temporary Protected Status (TPS) for more than six thousand Syrians residing in the United States, granting beneficiaries additional time while the legal challenge to the decision is considered.
According to a report by Reuters on Thursday, 20 November, Judge Katherine Polk Failla said during a hearing held on Wednesday that the abrupt termination of the protection program is “likely unlawful”, adding that the Department of Homeland Security had not properly assessed conditions in Syria and that the decision appeared to be influenced more by political considerations than by adherence to legal procedures.
Failla considered that ending TPS for hundreds of thousands of migrants from other countries over a short period raises doubts about whether each case was given the level of scrutiny required under federal law.
Syrians were first granted Temporary Protected Status in 2012 because of the war, a designation that protects them from deportation and allows them to work legally in the United States. The US administration is expected to appeal the suspension decision to a higher court.
The US Department of Homeland Security ended TPS for six thousand Syrian migrants living in the United States on 19 September, a decision that covered Syrians who had held this legal status since 2012.
At the time, the department’s spokesperson, Tricia McLaughlin, said that conditions in Syria “no longer prevent its citizens from returning”, adding that their continued presence in the United States “runs counter to the national interest”. Syrians covered by TPS were given 60 days to leave the country voluntarily, with a warning that remaining after the deadline could expose anyone to arrest or deportation.
Efforts of the Syrian community
The Syrian American Council and several organisations working on migration issues welcomed the court ruling, describing it as the outcome of joint legal efforts to challenge the US administration’s decision.
Mohammad Alaa Ghanem, Head of Policy at the Syrian American Council, said on his Facebook account on 19 November that the ruling “blocked” the cancellation decision just hours before it was due to take effect, which means the continuation of residency and work permits for more than six thousand Syrians “until further notice”.
Ghanem explained that the lawsuit aimed to win time for Syrians to search for alternative solutions, stressing that the US administration will likely seek to appeal the ruling.
He called on all Syrians covered by TPS to make use of the current reprieve and to consult specialized lawyers to avoid legal problems if the protection is cancelled in the future.
Ghanem thanked the entities that contributed to the legal effort, including Immigrants Act Now, the Syrian American Council, Citizens for a Safe America, the Syrian American Alliance for Peace and Prosperity, the Syrian American Medical Society, as well as Syrian women activists who have followed the case over recent months.
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