US Supreme Court rules against immigrants under temporary protected status
The US Supreme Court issued a ruling that bars immigrants who are physically present in the US because of humanitarian reasons to be eligible to become permanent residents. The decision was penned by Justice Elena Kagan, an Obama appointee and a reliable liberal ally for Democratic causes, who opines that federal immigration law prohibits people who have entered the US illegally and now have temporary protected status because Temporary Protected Status only confers them a nonimmigrant status but not admitting them as having lawfully entered. TPS is given to people from countries who have suffered the effects of war or disaster. So far there are 12 countries having been designated as such. The Philippines is not on this list. In this case, a couple from El Salvador entered the US illegally which, according to a federal judge and upheld by the US Supreme Court, bars them from seeking permanent residency. It would have been different if they came with a visa, then overstayed, and later on they were granted TPS. In the latter scenario, they are considered inspected and admitted and thus could be eligible for greencards.
This latest ruling has obviously dampened the hopes of thousands who are here on TPS. With Congress and the White House both under Democratic control, one would think that some leniency is extended to immigrants as what was promised during the campaign. But as in this case, the US Supreme Court has shown its independence and resistance to public pressure by upholding the law regardless of what the ruling administration's policy is. The court may be aware of the present issues but it does not have the constitutional mandate to legislate from the bench. This case illustrates further the need for congressional action on immigration reform and not having to rely on the thin illusion of judicial activism.
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In a more positive update, the Biden administration has plans to expand and rebuild legal immigration rules which makes it easier to immigrate to the US. There will be simpler and shorter forms to fill out and fewer obstacles that immigrants have to pass through. It will also address delays, backlogs, and expensive fees in order for foreigners to come to the US faster and cheaper. Mind you, these are policy proposals yet to be adopted within the executive powers of the presidency. These intended reforms take time for refinement and revisions and in all matters of policy, there are political consequences that need to be carefully thought through.
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Governor Garcia's COVID-19 protocols on arriving OFWs and ROFs has been slowly becoming a national watershed moment in the ongoing management of this pandemic. As we have heard and read so far, more national and local leaders have openly supported the policy and have even called for its national implementation. I believe this moment is what the IATF has feared all along from the start. That, if the leadership of Cebu could prove that this policy works, which means, even if this is not in line with the IATF guidelines, there are fewer coronavirus cases and COVID-19 levels are manageable, other provinces and local leaders would follow Cebu's lead. In effect, IATF will be reduced to a mere titular head with weakened authority over local areas. As long as this policy is supported by empirical data and scientific consensus, I fully support this enhanced Cebu protocol. After all, it is the local leadership that is better suited to determine what they see fit as they are intimately feeling the pulse on the ground. With vaccinations underway, it is also high time to review the policies initiated during the pandemic and this Cebu policy is an exercise of this suggestion.
But let us not rush in allowing other areas to adopt this policy. Some provinces may not have the leadership, resources, and means to insure its full implementation. Let us first evaluate after a month or so how this policy impacts Cebu in general and in particular, what the trend would be in terms of new COVID-19 cases in Cebu.
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