In this year, as teh United States celebrates the 250th anniversary of its independence, its president, Donald Trump, is redefining the country towards a very different model than the one that has characterized its history. The United States was created as a country of emigrants, and it has continued to be so, but the Republican president has inaugurated a new era in which they have no place.
In his first year in office, more migrants left the country than arrived for the first time in 50 years of records.According to data collected by Brookings, the negative balance is between 10,000 and 250,000 people, and it is indeed expected that 2026 will follow this trend. along with the massive deportations –official data points to 605,000 by December, but these are unachievable to verify- there is the closure of the border, the cancellation of refugee and asylum programs, the ban on entry of citizens from certain countries, and the tightening or suspension of visas.
The United States is moving away from the American dream. Many foreigners prefer not to arrive or even self-deport, even if it means burying the life they built in the country they believed welcomed them. The anti-immigrant crusade launched from the White House from the first day of Trump’s second term has brought terror to the streets of the country,where agents of Immigration and Customs Enforcement (ICE) and the Border Patrol,hidden behind masks,carry out raids anywhere,leaving behind dramatic images of pursuits,arrests.
In just 12 months, he has surpassed 500 executive actions related to immigration. In comparison, 472 such actions were issued during his first four-year term.
He has two objectives. One is to end what he calls the “invasion” at the border, and the other is to carry out the largest deportation in history, with the stated goal of achieving one million expulsions per year. Though, even official data, which is higher than that handled by several experts and independent observers, falls short of this goal, which has caused discontent among the president.
That is why, in recent months, he has changed the leaders of migration agencies and given greater prominence to more aggressive figures, such as Gregory Bovino. Until recently head of the Customs and Border Protection (CBP) office in the El Centro district of California, Bovino has led migration operations in Chicago, Los Angeles, Charlotte, New Orleans and now Minneapolis, encouraging agents to use violent tactics against protesters, such as tear gas or pepper bullets.
Los defensores de los migrantes denuncian, además, que se violan a diario los derechos de los detenidos: no los dejan comunicarse con sus familiares ni acceder a una defensa legal. Una de las herramientas de la Administración para aumentar las deportaciones son las expulsiones expeditas, sin permitir que los detenidos tengan acceso a abogados o a defender su caso ante un juez.
En marzo, el presidente invocó la Ley de Enemigos Extranjeros, de 1798, que solo se ha usado en situaciones de guerra, para enviar a más de 200 venezolanos y salvadoreños a El Salvador sin un juicio previo. El gobierno los acusó sin pruebas de pertenecer a las pandillas criminales Tren de Aragua y MS-13 y fueron encerrados en el CECOT (Centro de Confinamiento del Terrorismo), una prisión famosa por la violación de los derechos humanos. Una decisión judicial luego suspendió la aplicación de dicha ley, pero los casi 250 deportados pasaron meses de torturas en el país centroamericano, según contaron después de que finalmente fueran trasladados a Venezuela en julio.
La lucha judicial por la invocación de la Ley de Enemigos Extranjeros se suma a la creciente lista de medidas adoptadas por la Administración que se pelean en los tribunales, que se han visto invadidos de demandas por las polémicas decisiones del Gobierno en materia migratoria. Una de las más controvertidas es la eliminación de la ciudadanía por nacimiento, que el presidente quiere suspender y que recoge la 14ª Enmienda de la Constitución.
Temporary Protected Status (TPS) Revocations and Impacted Nationalities
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The Biden administration is ending Temporary Protected Status (TPS) for migrants from several countries, impacting individuals from at least 13 nations, including Venezuela, Haiti, Nicaragua, Cuba, South Sudan, and afghanistan, despite ongoing instability and violence in thier home countries. This decision reverses previous extensions and designations under the current administration.
What is Temporary Protected Status?
Temporary Protected Status is a temporary immigration status granted to nationals of designated countries experiencing armed conflict, environmental disaster, or other remarkable and temporary conditions. USCIS details the program requirements and eligibility. It allows individuals already in the United States to remain and work without fear of deportation.
Countries Affected by TPS Revocations
The revocations affect nationals from El Salvador, Guatemala, Honduras, Nicaragua, and Nepal, with phase-out dates varying by country. More recently, the administration has moved to end TPS for Venezuela, Haiti, South Sudan, and Afghanistan. The Department of Homeland Security (DHS) announced the termination of TPS for Venezuela on January 18, 2024, with a delayed effective date. DHS News Release on venezuela TPS. Haiti’s TPS designation is also under review, with potential termination. The situation is especially concerning for Haitian migrants given the ongoing political and humanitarian crisis. Federal Register Notice on Venezuela TPS
Reasons for Revocation and Concerns
The Biden administration argues that conditions in some of these countries have improved sufficiently to no longer warrant TPS designation. However, critics contend that the assessments are flawed and fail to adequately account for ongoing violence, political instability, and humanitarian crises. Human rights organizations point to continued persecution and lack of adequate protection for returnees. For example, a report by the International Crisis Group details the ongoing security challenges in Haiti. International Crisis Group Report on Haiti. The decision to end TPS does not necessarily mean conditions *have* improved, but rather that the administration has determined the original extraordinary conditions no longer apply, a distinction that is often contested.
Legal Challenges and Potential Outcomes
The revocations are facing legal challenges from advocacy groups and TPS holders. Plaintiffs argue that the DHS decisions were arbitrary and capricious, and failed to adequately consider the impact on families and communities. A lawsuit filed in 2023 challenged the termination of TPS for El Salvador, Guatemala, Honduras, and Nepal. ACLU Lawsuit Regarding TPS Termination. The outcome of these legal battles remains uncertain, but could considerably impact the future of TPS for affected populations.As of December 2023, several cases were still pending in federal courts. Law360 Coverage of TPS Litigation.
Impact on Individuals and Families
The loss of TPS will leave hundreds of thousands of individuals vulnerable to deportation, disrupting families and communities. TPS holders have become integral parts of the U.S. economy, working in essential industries such as construction, healthcare, and food service. The termination of TPS is estimated to have a critically important economic impact,reducing the labor force and contributing to economic instability. According to the Center for American Progress, ending TPS for these countries could reduce the U.S. GDP by billions of dollars. Center for American Progress Report on Economic Impact of TPS termination.
