What Gives a Foreign-Born, Non-Elected, Biden-Appointed Judge the Power to Halt Lawful Immigration Policies?
By The Blog Source
A Biden-appointed federal judge stepped in this week to prohibit President Trump from revoking Temporary Protected Status for about 350,000 Haitian migrants—a decision the government claims plainly defies the law and substitutes judicial politics for immigration enforcement.
U.S. District Judge Ana Reyes, a Uruguayan-born Harvard graduate appointed by Joe Biden, delayed Trump’s decision to terminate Haiti’s TPS designation, even though the legislation regulating the program specifically specifies that “there is no judicial review of any determination” connected to TPS. Reyes argued that while courts cannot examine the judgment itself, they may evaluate the process behind it—a difference the government claims exists nowhere in the statute.
The Department of Homeland Security took swift action.
“This is lawless activism,” DHS spokesperson Tricia McLaughlin said, adding that Haiti’s TPS designation dated back more than 15 years to a horrific earthquake and was never intended to serve as a permanent amnesty. “Temporary means temporary,” she continued, warning that former administrations have exploited the program for decades.
Stephen Miller, a Trump aide, was much more direct.
“An unelected judge has just ruled that elections, laws, and borders don’t exist,” Miller said, accusing Democrat-appointed judges of devising legal theories to overrule immigration regulations and the president’s mandate.
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Reyes' decision will be challenged and is anticipated to reach the Supreme Court, but in the meanwhile it provides hundreds of thousands of migrants with legal protection and time.
Reyes rejected the administration’s argument that the public interest is served by implementing immigration limitations set by Congress, instead saying that eliminating TPS will harm enforcement by changing “352,959 lawful immigrants into unlawful immigrants overnight.”
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To the White House, the ruling is the latest example of judges inserting themselves where Congress specifically indicated they do not belong—taking time, energy, and resources from enforcement while locking in policies people rejected.
Whether higher courts concur will determine not just the fate of Haiti’s TPS designation but also how much control judges may claim over immigration decisions the law allocates to the president.
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