Judge Trina Thompson of the U.S. District Court for the Northern District of California released one of the stupidest and most insulting rulings.
Thompson blocked President Donald Trump’s administration from revoking temporary protection status (TPS) for Hondurans, Nicaraguans, and Nepalese.
Was the decision based on laws? No.
Thompson made her ruling based on DEI. The first paragraph of her ruling:
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. The court disagrees.
What does that have to do with TPS? Nothing:
To qualify for TPS, an individual must meet certain criteria including having been “continuously physically present in the United States since the effective date of the most recent designation,” he or she must have “continuously resided in the United States since such date as the [Secretary] may designate,” he or she must timely register for TPS, and he or she must not have a disqualifying criminal record. Id. at § 1254a(c). An individual who has been convicted of any felony or 2 or more misdemeanors in the United States does not qualify for TPS. Id. at § 1254a(c)(2)(B). Those who qualify for TPS are protected from removal and are granted work authorization. Id. at § 1254a(a). TPS applicants must also pay all fees associated with applying for TPS. Id. at § 1254a(c)(1)(B).
Nicaragua and Honduras received TPS protections in 1999 due to Hurricane Mitch. Former President Barack Obama gifted Nepalese TPS protections in 2015 due to an earthquake.
Temporary. If those people have been in America for that long why are they not on a pathway to citizenship?!
But no. Even though the TPS is literally supposed to be temporary, the Biden-appointed judge uses racism to block TPS expirations.
It has everything to do with their rhetoric or how the administration’s lawyer behaved during argument.
“Defendants were also notably silent regarding Plaintiffs’ argument that barring all judicial review would allow the President to grant or deny TPS as a lever for his negotiations with countries, and without concern for the express guidelines that Congress requires in the TPS statute,” wrote Thompson.
Thompson agreed with the Plaintiffs’ argument and added that the Court “does not forget that this country has bartered with human lives.”
The lady literally said that ending TPS protections is the same as the slave trade.
I’m glad Will took a screenshot of this stupid footnote. It’s nothing but academics, not law.
I’m finding a few legitimate legal reasons why a court would block ending the TPS protections.
But Thompson does not latch onto any of them. It’s all DEI.
“By stereotyping the TPS program and immigrants as invaders that are criminal, and by highlighting the need for migration management, Secretary Noem’s statements perpetuate the discriminatory belief that certain immigrant populations will replace the white population,” insisted Thompson.
Are you kidding me…
“In totality, Plaintiffs have produced sufficient evidence demonstrating racial and discriminatory animus in support of their Fifth Amendment claim,” said Thompson. “Color is neither a poison nor a crime.”
Thompson did not give an end date to her ruling, but scheduled the next hearing for November 18.
I have a feeling the Trump administration will appeal Thompson’s ruling.
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