As we have noted in previous reports, the Biden administration has found many ways to move illegal immigrants into the legal column by abusing programs, such as temporary protected status (TPS).
I have read studies where roughly 90% of the migrants permitted to enter under these programs would have been denied asylum were it not for Biden granting them TPS.
Trump looked to end these programs immediately after taking office, but he faced numerous legal challenges, one of which was just decided in his favor.
One of the key programs that Trump wanted to end was TPS, which was offered to migrants from Honduras, Nepal, and Nicaragua.
Roughly 60,000 individuals from these countries were offered TPS under the Biden administration, though it was revoked almost immediately by DHS Secretary Kristi Noem.
The order was litigated, and Trump very much hit the nail on the head by calling Judge Trina Thompson an activist judge, as her ruling made it quite clear she was more activist than jurist, having stated, “The freedom to live fearlessly, the opportunity of liberty, and the American dream. That is all Plaintiffs seek.”
She continued, “Instead, they are told to atone for their race, leave because of their names, and purify their blood. The Court disagrees.”
As I am sure you can imagine, the White House and DHS were furious when the order was blocked by Judge Thompson, blasting the judge for her controversial comments in the ruling.
DHS stated, “Judge Thompson’s editorializing is not only disgusting but also ignores the plain meaning of federal law. TPS was always intended to be temporary. Both Nicaraguan and Honduran TPS have been in place for over 20 years following natural disasters. Since then, the countries have made tremendous strides to recover, and as a result, it is safe for their nationals to return home.”
Assistant Secretary Tricia McLaughlin added, “Restoring integrity to our immigration system to keep our homeland and its people safe. That is all we -- and the American people who elected President Trump in a landslide election -- seek.”
She continued, “TPS was never meant to be a de facto asylum system, yet that is how previous administrations have used it for decades. This is yet another example of how out of control judges are race-baiting to distract from the facts and President’s constitutionally vested powers under Article II. We will appeal, and we expect a higher court to vindicate us.”
The three-judge panel of the appellate court ruled in the administration’s favor, not offering any opinion on the ruling, just stating, “The government’s motion for a stay pending appeal … is granted.”
The panel was made up of a Bill Clinton appointee, a George W. Bush appointee, and a Trump appointee.
Now, this is not a permanent win, but the fact that the judges are allowing the stay to be put in place on the lower court ruling while the appeals process is played out is significant considering the nature of the case.
This will allow the Trump administration to move forward with their removal, something I don’t see the court allowing to happen unless it has already made up its mind regarding the actual appeal. Regardless, for now, we are going to take this win and the calling out of a Biden judge who is clearly an activist and not a jurist.
