On Sept. 14, 2020, the Ninth Circuit issued a long-anticipated decision, overturning a federal district court nationwide injunction halting Temporary Protecting Status (TPS) designations for individuals from Sudan, Nicaragua, Haiti, and El Salvador. See Crista Ramos, et al. v. Wolf, et al. The decision opens the door to removal of TPS holders from those countries, but at a staggered pace. Haitians are still the beneficiaries of a separate court-imposed preliminary injunction issued by a federal court in New York. That decision is on appeal to the Second Circuit. Salvadorans have until September 2022 because of an October 2019 agreement between the United States and the government of El Salvador. The beneficiaries from other countries have approximately 180 days to depart the United States.

Many immigration advocates and business groups support relief for these TPS beneficiaries. The Essential Worker Immigration Coalition, a business group that represents industry across the spectrum, from food processing to construction to health care, has called on Congress to provide a permanent solution for those holding TPS and DACA.