I’ve written plenty about the abuses of the Administrative Procedure Act and Temporary Protected Status.
The former is a means of judicial review over the federal bureaucracy that every time a Republican takes the White House becomes a means for Democrat judges to block everything he does. The latter is a ‘temporary’ protection from deportation for foreign nationals, many of them illegals, who can never be deported because, like the Haitians, their country of origin is just too rotten to return to.
And since that’s never likely to change, they can never be deported.
Haiti was under TPS or temporary protected status in 2010 over an earthquake. Since then there have been multiple natural disasters and innumerable human ones leading the Biden administration to essentially declare that Haiti is a permanent disaster area.
Currently TPS covers Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen
DHS Secretary Janet Napolitano announced that TPS had been extended for at least 70,000 Hondurans and Nicaraguans “for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.” Thanks to American generosity, these TPS winners have been here since 1998 — when Hurricane Mitch hit their homeland.
Another 250,000 illegal aliens from El Salvador first won TPS golden tickets after an earthquake struck the country … in January 2001. In addition, 60,000 Haitians received TPS after the earthquakes in 2010.
Can they, will they ever leave?
Open borders advocates sued the Trump administration and got Judge Indira Talwani, the daughter of an Indian immigrant and a leftist Obama appointee recommended by Sen. Elizabeth Warren, who also recently intervened to protect a foreign national being deported for supporting terrorism.
Judge Talwani was furious at the thought of the ‘temporary protected status’ being cut short.
US District Judge Indira Talwani said she would issue a stay on an order for more than 500,000 Cubans, Haitians, Nicaraguans and Venezuelans to leave the country, sparing them until the case advances to the next phase. Their permits were to be canceled April 24.
During a hearing, Talwani repeatedly questioned the government’s assertion that it could end humanitarian parole for the four nationalities. She argued that immigrants in the program who are here legally now face an option of “fleeing the country” or staying and “risk losing everything.”
“The nub of the problem here is that the secretary, in cutting short the parole period afforded to these individuals, has to have a reasoned decision,” Talwani said, adding that the explanation for ending the program was “based on an incorrect reading of the law.”
“There was a deal and now that deal has been undercut,” she said later in the hearing.
Contrary to Talwani’s lies, there was no deal.
The Trump admin gave Haitians six months to leave America. Instead they sued. The Biden administration had made certain to give the foreign population as much of a shot as it could, so Talwani decided to treat Biden’s TPS extinction as if it’s incumbent on Trump’s people.
And the Administrative Procedure Act allows Judge Indira Talwani to replace the president’s judgement with her own while claiming his is not reasoned. That’s not following the law. It’s illegally seizing power.
