It was left to the Ninth Circuit, of all entities, to bring sanity to the authority and responsibility of the Executive Branch to manage the U.S. immigration system. Hard to believe, I know, but true. Wednesday, a three-judge panel from the Ninth Circuit—Judge Consuelo Callahan (George W. Bush), Judge Eric Miller (Trump), and Judge Michael Hawkins (Clinton)—without comment set aside a stay of the Trump Administration’s order to terminate Temporary Protected Status for citizens of Nicaragua, Honduras, and Nepal issued by Biden-appointed Judge Trina Thompson.
Back in July, the Trump Administration revoked a “temporary” status that, in some cases, had been in place for over 20 years; see DHS Strips Temporary Protected Status From Hondurans and Nicaraguans – RedState. The people affected by this move were mostly not happy and trotted off to the tamest judge they could find to get their way. Judge Thompson delivered. As my colleague Bonchie wrote at the time:
According to Judge Trina L. Thompson, she can override the administration by deeming the decision was made based on “racial animus” and an adherence to “replacement theory.” Likewise, she claimed that the Trump administration was removing TPS to force people to “atone for their race, leave because of their names, and purify their blood” and compared it to the transatlantic slave trade.
“The freedom to live fearlessly, the opportunity of liberty, and the American dream. That is all Plaintiffs seek. Instead, they are told to atone for their race, leave because of their names, and purify their blood,” Thompson said.
Lawyers for the National TPS Alliance argued that Noem’s decisions were predetermined by President Donald Trump’s campaign promises and motivated by racial animus.
Thompson agreed, saying that statements Noem and Trump have made perpetuated the “discriminatory belief that certain immigrant populations will replace the white population.” “Color is neither a poison nor a crime,” she wrote.
“Color is neither a poison nor a crime,” she wrote.
The judge even goes so far as to say that a Supreme Court decision directly controlling the revocation of temporary protected status, National Temporary Protected Status Alliance vs Noem I, does not apply because the case was decided in private.
Defendants’ citation to the Supreme Court’s stay in NTPSA I is also not binding because the Supreme Court granted a stay in NTPSA I on the Supreme Court’s shadow docket. NTPSA I lacks reasoning to support the stay and the claims in NTPSA I are distinguishable from Plaintiffs’ claims in the instant case.
Beyond the grotesque activism of Judge Thompson, who manages to find racism where none exists, there is the abuse of the TPS system.
“This is yet another huge legal victory for the Trump Administration, the rule of law, safety of the American public. Temporary Protected Status was always meant to be just that: Temporary,” said Assistant Secretary Tricia McLaughlin. “TPS was never meant to be a de facto asylum system, yet that is how previous administrations have used it for decades while allowing hundreds of thousands of foreigners into the country without proper vetting. This unanimous decision will help restore integrity to our immigration system to keep our homeland and its people safe.”
The termination of TPS will take effect in 60 days, unless the Supreme Court intervenes. Given the termination of TPS for 350,000 Venezuelans being greenlighted by the Supreme Court, I don’t think 63,000 more will make any difference.
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