Washington, United States.
The magistrates of the Supreme Court of Justice seemed renuentes today a to allow that the undocumented immigrants who have obtained temporary protection status (TPS) request the permanent residence without leave the United States.
In a telephone hearing, whichs judges heard arguments in the case of a couple of Salvadorans, sheltered for TPS, The request for permanent residence (“Green card”) has been endorsed by three federal courts of appeal and rejected by three others.
the judge Brett Kavanaugh told one of the lawyers representing José Sánchez and Sonia González that he had an “uphill quarrel” to argue that the law of immigration allows your clients manage the residence.
“We have to be careful when interpreting the immigration laws as they are written, particularly when the Congress it has played, as in this case, a key role, “he added.
The president’s government, Joe Biden, Holds, in this case, the same position as its predecessor, Donald Trump, according to which federal law requires that those who apply for the “green card” They have to be “inspected and admitted ” on pthere.
In the United States there are more than 400,000 citizens from more than a dozen countries that have been awarded the TPS, a situation that protects them from deportation and allows them to work, and that each is renewed 18 months a Government criteria.
Green card
The Tepesians, some of whom illegally entered United States they are, for the most part, native dand Central America i half of them have lived in the US for at least two decades,
In the case on which the magistrates of the Supreme heard arguments today, Salvadorans allege that the stipulation by Congress for the adjustment of their status demonstrates the intention of lawmakers to consider them as “Already admitted” to the country.
The Government on the other hand alleges that Congress created the TPS program cwhere the specific purpose of giving temporary residence to persons from countries affected by natural disasters or violent conflicts, And that the Tepesians who entered the country illegally must leave the United States for apply for the “green card” O permanent residence.
The decision of the Government to defend against the Supreme Court this appeal has already received criticism from lawyers for immigration and experts.
One of them is the lawyer of a migration center at Georgetown University Hannah Mullen, who considered on her Twitter account that the Biden Administration had “entirely at its discretion” to change the position of the Department of Justice and they did not, as it did in migratory cases such as the “Public Charge” or Deferred Action (DACA).
In December 2018, the Federal District Court in New Jersey vALIDO the plaintiffs’ argument, according to which the law stipulates that if the TPS beneficiaries are married to U.S. citizens or have children over the age of 21 who were born in the U.S. they can obtain the permanent residency requested by their spouse or child.
The Government appealed this judgment and the Third District Court of Appeals overturned this decision, adding to similar decisions in the appellate courts of the fifth and eleventh federal districts.
But the courts of appeal of the sixth federal districts, Eighth and ninth took the opposite view, supporting the demand for Sánchez and González.
The decisions of the federal courts apply only to the territory of their jurisdiction and the Supreme Court of Justice, Who agreed to deal with the matter on January 8, could give his decision before July.
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the TPS program, Which now covers a immigrants from 10 countries, protects them from the deportation and grants them work permits.
According to figures from the Pew Center, the TPS for El Salvador, created in early 2001, currently employs 247,412 people, and that of Honduras, established in 1998, covers 79,290 people.
The designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan expire next October 4; those in Somalia and Yemen in September; that of South Sudan expires in May 2022 and that of Syria in September 2022.