On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.” More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take.
What followed from U.S. District Court Judge Ana C. Reyes for the District of Columbia was a literary and legal masterpiece using Noem’s own vicious racism against her in a case challenging the revocation of TPS status for hundreds of thousands of Haitians refugees.
Reyes started by debunking the government’s clumsy attempt to smear the plaintiffs: “Plaintiffs are five Haitian TPS holders. They are not, it emerges, ‘killers, leeches, or entitlement junkies.’” Instead, Reyes explained, they are a neuroscientist researching Alzheimer’s 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. The constant lies and dehumanization of immigrants are both a moral disgrace and, in this case, the regime’s legal Achilles heel.
“Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to non-white immigrants,” Reyes wrote. “This seems substantially likely.” Reyes pointed to Noem’s own blatantly racist language and failure to conduct any independent review. While the statute allows her ample discretion regarding TPS determination, she does not have “unbounded discretion.” The court therefore found that she failed to clear the low bar that would allow her to deport the Haitian refugees.
No comments:
Post a Comment