(WASHINGTON) — A federal judge on Monday blocked the Trump administration from ending Temporary Protected Status for more than 350,000 Haitian immigrants.
In an 83-page opinion, U.S. District Judge Ana Reyes granted a stay maintaining the legal status of Haitian nationals “pending judicial review.” In her ruling, she accused Department of Homeland Security Secretary Kristi Noem of “preordaining” her termination decision, saying she “did so because of hostility to nonwhite immigrants.”
“There is an old adage among lawyers,” Judge Reyes wrote. “If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table.”
“Secretary Noem, the record to-date shows, does not have the facts on her side — or at least has ignored them,” Reyes continued. “Does not have the law on her side — or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter).”
Judge Reyes wrote that while Noem has a First Amendment right “to call immigrants killers, leeches, [and] entitlement junkies,” she is constrained by the Constitution and federal law to “apply faithfully the facts to the law in implementing the TPS program.”
“The Government does not cite any reason termination must occur post haste,” Reyes wrote. “Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight.”
The federal judge noted that Noem “has terminated every TPS country designation to have reached her desk — twelve countries up, twelve countries down.”
“The statutory design is straightforward: TPS exists because threats to life exist; when the threat persists, so should TPS protection, unless the Secretary articulates a well-reasoned and well-supported national interest to the contrary,” she wrote.
The D.C. federal judge listed the five plaintiffs by name, saying, “They are not, it emerges, ‘killers, leeches, or entitlement junkies.'”
“They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease; Rudolph Civil, a software engineer at a national bank; Marlene Gail Noble, a laboratory assistant in a toxicology department; Marica Merline Laguerre, a college economics major; and Vilbrun Dorsainvil, a full-time registered nurse,” Judge Reyes wrote.
DHS Assistant Secretary Tricia McLaughlin released a statement to ABC News on Monday night, saying, “Supreme Court, here we come.”
“This is lawless activism that we will be vindicated on. Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades. Temporary means temporary and the final word will not be from an activist judge legislating from the bench,” McLaughlin said.
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