A Biden-appointed federal judge stepped in this week to prohibit President Trump from revoking Temporary Protected Status for about 350,000 Haitian migrants—a decision the government claims plainly defies the law and substitutes judicial politics for immigration enforcement.
U.S. District Judge Ana Reyes, a Uruguayan-born Harvard graduate appointed by Joe Biden, delayed Trump’s decision to terminate Haiti’s TPS designation, even though the legislation regulating the program specifically specifies that “there is no judicial review of any determination” connected to TPS. Reyes argued that while courts cannot examine the judgment itself, they may evaluate the process behind it—a difference the government claims exists nowhere in the statute.
The Department of Homeland Security took swift action.
“This is lawless activism,” DHS spokesperson Tricia McLaughlin said, adding that Haiti’s TPS designation dated back more than 15 years to a horrific earthquake and was never intended to serve as a permanent amnesty. “Temporary means temporary,” she continued, warning that former administrations have exploited the program for decades.
Stephen Miller, a Trump aide, was much more direct.
“An unelected judge has just ruled that elections, laws, and borders don’t exist,” Miller said, accusing Democrat-appointed judges of devising legal theories to overrule immigration regulations and the president’s mandate.
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