A federal appeals court backed President Trump’s bid to end special protected status for migrants from what he once reportedly called “s–hole countries,” ruling Monday that his decisions are beyond the court’s powers of review.
The 9th U.S. Circuit Court of Appeals also rejected claims that the administration was motivated by “animus” toward four countries involved in the case — El Salvador, Nicaragua, Haiti and Sudan — when it sought to end Temporary Protected Status for migrants from those nations.
Judge Consuelo M. Callahan wrote that whatever Mr. Trump’s comments, there was a “glaring lack of evidence” tying them to the official decisions made by Homeland Security to end TPS.
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And even if the White House did pressure Homeland Security, that’s normal for a decision of such importance, she wrote.
“Plaintiffs fail in their burden of showing a likelihood of success, or even serious questions, on the merits of their claim that racial animus toward ‘non-white, non-European’ populations was a motivating factor in the TPS terminations,” said Judge Callahan, a Bush appointee to the court.
She led the court in a 2-1 ruling overturning a lower court’s blockade.
Several other courts have blockades in place for some TPS countries, and other cases were awaiting the outcome of the 9th Circuit.