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A federal judge on Friday postponed the Trump administration from revoking the temporary status for Nicaraguan, Honduran and Nepali immigrants, finding the cancellation was likely rooted in racial animus.
The 37-page ruling by San Francisco-based U.S. District Judge Trina Thompson, a Biden appointee, argued the move by Homeland Security Secretary Krisiti Noem to cancel the temporary humanitarian protections appeared to be parietally rooted in “racial and discriminatory animus” in support of their Fifth Amendment claim.
“Color is neither a poison nor a crime,” the ruling states. “Therefore, Plaintiffs have provided sufficient evidence to establish that Plaintiffs will likely succeed on the merits of their Fifth Amendment claim.”
DHS TERMINATES TEMPORARY PROTECTED STATUS FOR AROUND 76K HONDURAN, NICARAGUAN MIGRANTS
President Donald Trump speaks with Secretary of Homeland Security Kristi Noem as they tour a migrant detention center, dubbed “Alligator Alcatraz.” (Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)
In a statement, the Department of Homeland Security likened Thompson’s ruling to a New York Times opinion piece.
“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,” said DHS Assistant Secretary Tricia McLaughlin. “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 ruling is a reprieve for more than 60,000 immigrants who have been allowed to legally live and work in the United States under the TPS program.
A White House spokesperson told Fox News Digital that the program was never intended to become permanent.
“‘Temporary Protected Status’ is, by definition, temporary. It was never intended to be a pathway to permanent status or legal residency, and no bizarre analysis from radical judges will change that fact,” White House spokesperson Abigal Jackson said. “This judge simply did not have lawful authority to review the TPS designation – the Supreme Court already affirmed in prior rulings that extensions of TPS are committed by law to the discretion of the…
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