Washington, United States.
The magistrates of the Supreme Court appeared renuentes pit to allow that the undocumented immigrants who have obtained a temporary protected status (TPS) ask permanent residence without leaves the United States.
In a telephone hearings judges heard arguments in the case of a couple Salvadorans, protected by TPS, whose request for permanent residence (“green card”) has been approved by three federal courts of appeal and rejected by three others.
Judge Brett Kavanaugh said one of the representative lawyers José Sánchez and Sonia González that he had a “tough fight” to claim the law of immigration allow you customers manage the property.
“We have to be careful in interpreting it immigration laws as written, especially when the Congress it has played a leading role, as in this case, ”he added.
The President’s Government, Joe Biden, in this case occupies the same position as that of its predecessor, Donald Trump, under which federal law requires those who do request the “green card” must be “tested and approved ” In the pOver there.
In the United States, there are more than 400,000 inhabitants from more than a dozen countries using the TPS, a situation that protects them from deportation and enables them to work, and each of which is renewed 18 months to Government criteria.
Green card
The Tepesians, some of whom entered illegally USA are, for the most part, natives of ite Central America and half of them have lived in the US for at least two decades,
In the case where the magistrates of the supreme after hearing arguments, Salvadorans argue that what has been determined by Congress for the adjustment of their status demonstrates the intention of lawmakers to regard them as “already allowed” in the country.
The government, on the other hand, claims that Congress does program TPS cfor the specific purpose of granting temporary residence to persons from countries affected by natural disasters or violent conflict, and that Tepesianos who entered the country illegally must leave the United States request the “green card” O permanent residence.
The government’s decision to defend for the High Council This appeal has already received criticism from attorneys from immigration and experts.
One of them is an immigration center attorney at Georgetown University, Hannah Mullen, who believed on her Twitter account that the Administration Biden had “in its sole discretion” to change the position of the Justice Department and they did not, as in immigration cases such as the “public charge” or delayed action (DACA).
In December 2018, the federal district court settled New Jersey vput down the plaintiffs’ argument, according to which the law provides that if the TPS Beneficiaries are married to US citizens or have children over the age of 21 who were born in the US can obtain permanent residency at the request of their spouse or child.
The government appealed that decision, and the Third District Court of Appeals overturned that decision, adding similar decisions in the fifth and eleventh federal district courts of appeal.
But the courts of appeal of the 6th Federal Districts, eighth and ninth agreed to the opposite opinion and supported the call for Sánchez and González.
Decisions of federal courts only apply in the territory of their jurisdiction and the Supreme Court, who agreed to tackle the matter on Jan. 8, could rule before July.
See: Biden opens vaccination against covid 19 to all adults in the US.
The program TPS, which now relates to immigrants from 10 countries, protects them from the deportation and gives them work permits.
According to figures from the Pew Center, the TPS occurs The savior, Founded in early 2001, it currently employs 247,412 people, and that of Honduras, founded in 1998, employs 79,290 people.
The names of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan expire on October 4; those of Somalia and Yemen in September; South Sudan is due to expire in May 2022 and that of Syria in September 2022.