Things That Matter

A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

A federal court just handed a huge ‘victory’ to the Trump administration, which has been eager to restart mass deportations. Despite a global health pandemic, the administration has been pressing forward with plans to deport hundreds of thousands of undocumented immigrants.

Until now, many of these migrants were safe from deportation thanks to Temporary Protected Status, which shields some immigrants from deportation under humanitarian claims. However, the recent court decision – in San Francisco’s 9th Circuit – gives Trump exactly what he wants right before the elections.

But how will it affect immigrant communities across the country? Here’s everything you need to know about this major decision.

The 9th Circuit Court just ended TPS for more than 300,000 undocumented immigrants.

A California appeals court on Monday gave the Trump Administration permission to end Temporary Protected Status for immigrants from El Salvador, Nicaragua, Haiti, and Sudan, clearing the way for officials to force more than 300,000 immigrants out of the country.

The decision affects people from all walks of life, many of whom have lived in the U.S. for decades, have U.S.-born children and have been considered essential workers during the coronavirus pandemic.

This week’s ruling from the circuit court comes after a district court (also in California) temporarily halted Trump’s plan to end TPS in late 2018 after a group of lawyers sued, arguing that Trump was motivated by racial discrimination.

“The president’s vile statements about TPS holders made perfectly clear that his administration acted out of racial animus,”Ahilan Arulanantham, a lawyer for the ACLU of Southern California, wrote in a statement. “The Constitution does not permit policy to be driven by racism. We will seek further review of the court’s decision.”

But today’s 2-1 decision reversed the district court’s temporary order and allowed the federal government to take away TPS protections while the court case continues.

ICE and DHS has promised to wait several months before taking away TPS status if the agency won in court. As a result, the ACLU told NPR that it expects the protections to start ending no sooner than March, meaning that Joe Biden could reverse the administration’s decision if he wins in November, though the organization plans to fight back in the meantime.

Temporary Protected Status was created to protect people in the U.S. from being sent back to dangerous places – and it’s saved lives.

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The TPS program was first introduced in 1990, and it has protected immigrants from more than 20 countries at various points since then. More than 300,000 people from 10 different nations currently use the program, some of whom have lived and worked in the United States for decades.

Trump has sharply criticized the program, sometimes along racial lines, and in one infamous and widely criticized incident two years ago, the president reportedly referred to the program’s beneficiaries as “people from shithole countries.”

TPS provides protection for short periods of up to 18 months, but the federal government has continuously extended it for the countries mentioned in the lawsuit “based on repeated findings that it remains unsafe to return.” 

As a result, it said, most TPS holders have been living in the U.S. for more than a decade, contributing to their communities and raising their families. Many of the more than 200,000 U.S.-citizen children of TPS holders have never been to the country their parents are from and would have to choose between their families and their homes.

The ruling will have a major impact on migrant families and communities across the U.S.

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Immigration advocacy groups are slamming the court’s ruling, noting it will impact hundreds of thousands of TPS holders as well as their families and communities. In a statement, Beth Werlin, executive director of the American Immigration Council, said the decision will “plunge their lives into further turmoil at a time when we all need greater certainty.” 

As the global pandemic stretches on, immigrants with protected status make up a large portion of the country’s front-line workers. More than 130,000 TPS recipients are essential workers, according to the Center for American Progress. 

“TPS recipients have deep economic and social roots in communities across the nation,” said Ali Noorani, president and CEO of the National Immigration Forum. “And, as the U.S. responds to the COVID-19 pandemic, TPS recipients are standing shoulder to shoulder with Americans and doing essential work.”

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

Things That Matter

Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

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Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

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For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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An ICE Nurse Says That Migrant Women Are Having Hysterectomies Performed Without Their Consent While In Detention Centers

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An ICE Nurse Says That Migrant Women Are Having Hysterectomies Performed Without Their Consent While In Detention Centers

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On Monday, news broke that an ICE detention center in Georgia was performing mass hysterectomies on migrants without their consent. The allegations came from a nurse at the facility along with numerous detained migrants and left many people shocked.

However, the U.S. has a long history of forcing people – especially people of color – into unwanted sterilization, which is a human rights violation and a form of eugenics.

Of course, when it comes to undocumented immigrants, who are regularly referred to as “unwanted” “aliens” by the current president, it’s not so surprising that these practices went unreported for so long. One immigrant in the complaint put it best: “This place is not equipped for humans.”

An ICE nurse and several migrant women allege that a doctor is removing women’s reproductive systems without their consent.

According to the complaint filed Monday by Project South, an Atlanta-based non-profit, a high number of detained immigrant women held at the Irwin County Detention Center (ICDC) in Ocilla, Ga., are receiving hysterectomies, as well as other “dangerously unhealthy practices” at the prison amid the Coronavirus pandemic.

Dawn Wooten, who worked full-time at the detention center until July, when she was demoted to work as needed, said she and other nurses questioned among themselves why one unnamed gynecologist outside the facility was performing so many hysterectomies on detainees referred to him for additional medical treatment. She alleged about one doctor that “everybody he sees has a hysterectomy,” and that he removed the wrong ovary from one young detainee.

“We’ve questioned among ourselves like, goodness he’s taking everybody’s stuff out…That’s his speciality, he’s the uterus collector,” Ms. Wooten said in the complaint.

One detainee, interviewed by Project South, likened the center to “an experimental concentration camp,” adding: “It was like they’re experimenting with our bodies.”

“If it wasn’t for my faith in God, I think I would have gone insane and just break down and probably gone as far as hurting myself,” the woman said. “There are a lot of people here who end up in medical trying to kill themselves because of how crazy it is.”

The same prison has also come under fire for its medical practices amid the Covid-19 pandemic.

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Project South said the complaint alleges “jarring accounts from detained immigrants and Wooten regarding the deliberate lack of medical care, unsafe work practices, and absence of adequate protection against Covid-19.”

It summarizes the disclosures Dawn Wooten made to the DHS’s watchdog, and quotes unidentified detainees extensively. Covid-19 complaints included staff refusing to test symptomatic detainees, failing to isolate suspected cases, and not encouraging social-distancing practices.

For their part, ICE says to take the reports with skepticism.

A U.S. Immigration and Customs Enforcement representative released this statement to Law & Crime News in response to the complaint: “U.S. Immigration and Customs Enforcement (ICE) does not comment on matters presented to the Office of the Inspector General, which provides independent oversight and accountability within the U.S. Department of Homeland Security. ICE takes all allegations seriously and defers to the OIG regarding any potential investigation and/or results. That said, in general, anonymous, unproven allegations, made without any fact-checkable specifics, should be treated with the appropriate skepticism they deserve.”

Women in ICE custody have long been subjected to cruel and inhumane treatment.

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Immigrant detention centers have long been accused of subpar medical care. However, the issue has become even worse amid the pandemic. The report filed by Project South describes how migrants are forced to live in unsanitary and unsafe conditions and even thrown into solitary if they advocate for basic human rights. But even before the outbreak, immigrant women’s bodies have always been the target of medical malpractice and cruelty.

ICE has allegedly denied treatment to detained women with cancer, brain tumors, and breast cysts, and it has a history of policing their bodies. The Trump administration has been accused of tracking migrant girls’ periods to prevent them from getting abortions, introduced a policy to deny pregnant women visitor visas, and literally ripped mothers apart from their babies during family separation. Azadeh Shahshahani, the legal and advocacy director for Project South, said women held at ICDC have said they are not given clean underwear which leads to infections and rashes.

She said detained women, who are mostly Black and brown, are in extremely vulnerable situations in which “they have no control over their bodies.” “It’s a very exploitative situation,” Shahshahani said of the hysterectomies. “There does not seem to be informed consent … they had pretty much no say in what exactly took place.”

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