Deadline Legal Blog-Judge finds anti-Haitian bias likely motivated Kristi Noem's TPS termination
A federal judge found merit in the claim that anti-Black and anti-Haitian animus prompted the homeland security secretarys move to end humanitarian protections.
https://www.ms.now/deadline-white-house/deadline-legal-blog/kristi-noem-tps-judge-anti-haitian-bias-trump
The latest example was memorialized in an 83-page ruling Monday night from U.S. District Judge Ana Reyes, a Biden appointee who blocked Homeland Security Secretary Kristi Noems bid to end relief for Haitians under the Temporary Protected Status program, or TPS.
The Washington judge cited how Trump has repeatedly invoked racist tropes of national purity, as she found that the plaintiffs who sued the administration are likely to win their claim that anti-black and anti-Haitian animus motivated Secretary Noems decision to terminate Haitis TPS designation.
Reyes put a social media post of Noems on the first page of her opinion, in which the secretary wrote:
I am recommending a full travel ban on every damn country thats been flooding our nation with killers, leeches, and entitlement junkies.
Our forefathers built this nation on blood, sweat, and the unyielding love of freedom not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS.
WE DONT WANT THEM. NOT ONE.
The judge observed that
the five plaintiffs, who are all Haitian TPS holders, arent killers, leeches, or entitlement junkies. They are, she wrote
, a neuroscientist researching Alzheimers disease; a software engineer at a national bank; a laboratory assistant in a toxicology department; a college economics major; and a full-time registered nurse......
While conceding that the homeland security secretary does have some discretion, the judge wrote that Noem lacks th
e unbounded discretion that the government claimed. To the contrary, Congress passed the TPS statute to standardize the then ad hoc temporary protection system to replace executive whim with statutory predictability, Reyes wrote.
When it came to the irreparable harm factor, the judge pointed to the State Departments own warning about the dangers of traveling to Haiti. The government argued that the plaintiffs wouldnt necessarily be harmed because they might not be removed. But Reyes quoted back Noems brash post in rejecting that argument, writing that the government
fails to take Secretary Noem at her word: WE DONT WANT THEM. NOT ONE.
Still, Reyes ruling might not even be the last word preliminarily. The administration signaled its intention to appeal her decision to a high court thats more into the whole unbounded discretion thing. In a statement suggesting an inevitability to its judicial salvation on appeal, as well as annoyance at having to press its case that far
, a DHS spokesperson said after the ruling, Supreme Court, here we come.