Another scathing 83-page opinion by a federal district court judge, this time Judge Ana Reyes in the DC Circuit. It comes in a case challenging the Trump administration’s plan to terminate the Temporary Protected Status previously granted to 352,959 lawful Haitian immigrants.
Reyes found that the government has neither the facts nor the law on its side.
Reyes said in an 83-page opinion that plaintiffs were likely to prevail on the merits of the case, and that she found it “substantially likely” that Homeland Security Secretary Kristi Noem preordained her termination decision because of “hostility to nonwhite immigrants.”
Here is the conclusion of Judge Reyes’ opinion.
There is an old adage among lawyers. If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table. Secretary Noem, the record to-date shows, does not have the facts on her side or at least has ignored them. Does not have the law on her side or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter).
Kristi Noem has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants. Secretary Noem, however, is constrained by both our Constitution and the APA to apply faithfully the facts to the law in implementing the TPS program. The record to-date shows she has yet to do that.
By accompanying Order, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under 5 U.S.C. § 705.
This is a long and thorough takedown of the administration’s position.
I would encourage you to read the first four pages of the opinion in which Judge Reyes summarizes her decision to extend legal protections for Haitians in the TPS program until the current lawsuit is completed.
Then you can pick and choose what additional sections of the opinion might interest you.
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Good find!
The people who need to hear what is in these opinions won’t read them. They depend on biased analysis coming out of the right wing disinformation factory, and they have been conditioned to reject any outside information as false, corrupt and evil. That’s how people get sucked into cults, and I have some experience with this with a family member who was in a religious cult.
Their worldview shrinks to where they can’t see anything beyond their own small part of it, which consists only of others who believe what they do. There is usually some sort of fear-based motivation, and sometimes it is deliberate as a means of control. Hell is one good threat and apparently mixed-race babies are another. Why though? I have never been able to get a bigot to explain it in any coherent way, but maybe some little brown kid in a bunny hat terrorized them on the playground or something.
All religions are a little cult-like and vice versa. Some cults do genuinely have the best interests of the flock at heart, but they are all a threat to critical thinking after a certain level of indoctrination takes place. It’s almost impossible to penetrate faith with evidence because it never was based on any proof to begin with.