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Supreme Courtroom Guidelines Towards Immigrants with Momentary Protected Standing – CBS San Francisco

WASHINGTON (AP) – A unanimous Supreme Court ruled Monday that thousands of people living in the United States on humanitarian grounds cannot apply for permanent residence.

Judge Elena Kagan wrote for the court that the federal immigration law prohibits people who entered the country illegally and now have temporary protection status from applying for “green cards” to stay in the country permanently.

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The term applies to people who come from countries devastated by war or disaster. It protects them from deportation and allows them to work legally. There are 400,000 people from 12 countries with TPS status.

The outcome of a lawsuit involving a couple from El Salvador who had been in the United States since the 1990s revolved around the question of whether people who entered illegally and enjoyed humanitarian protection were ever “admitted to the United States under immigration law “Were.

Kagan wrote that it wasn’t them. “The TPS program gives foreigners nonimmigrant status, but does not allow them. So awarding TPS does not make an illegal participant … eligible for a green card, ”she wrote.

The House of Representatives has already passed laws that would allow TPS recipients to become permanent residents, Kagan noted. The bill is faced with uncertain prospects in the Senate.

President Joe Biden has said he will support the change in law. But his administration, like the Trump administration, argued that the current immigration law does not allow people who have entered the country illegally to apply for permanent residence.

On the flip side, there were immigrant groups who argued that many people who came to the United States for humanitarian reasons have lived in the country for many years, gave birth to American citizens, and put down roots in the United States

Federal courts across the country had come to conflicting decisions as to whether granting TPS status alone was sufficient to induce an immigrant to seek permanent residence.

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Former President Donald Trump tried to cancel the program for many immigrants because he was afraid they might be sent back to their home countries, where they have not lived for many years.

“All of these United States-based families who have lived in our communities for decades have been exposed to very real threats,” said Lisa Koop, attorney for the National Immigrant Justice Center, who also teaches at Notre Dame Law School.

In 2001, after a series of earthquakes in their home country, the US granted Salvadoran migrants legal protection to allow them to stay in the US.

People from 11 other countries are similarly protected. These are: Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen.

Monday’s ruling does not affect immigrants with TPS who originally entered the U.S. legally and then, say, exceeded their visas, noted Kagan. Since these people were legally admitted into the country and later received humanitarian protection, they can apply for permanent residence permits.

Also on Monday the dish:

– Declined to contest the requirement that only men sign up for the convocation when they are 18 years old.

Agrees to hear a case where the Biden administration wants to close a lawsuit over the FBI’s surveillance of Muslims in California for risk of divulging “state secrets.”

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– Denied an appeal challenging the US Food and Drug Administration’s authority to regulate electronic cigarettes.

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