Federal judge blocks the Trump admin's plan to deport Hatians back home.

6,416 Views | 68 Replies | Last: 11 mo ago by FTAG 2000
Hubert J. Farnsworth
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Quote:

Judge claims DHS Secretary Noem 'does not have statutory authority' to modify TPS status for over 520,000 Haitians


Quote:

A federal judge shot down the Trump administration's efforts to end temporary protection status (TPS) for over 520,000 Haitian immigrants currently living in the U.S.

The TPS designations for Haitians were expected to expire on Aug. 3 with termination to become effective on Sept. 2.

U.S. District Judge Brian Cogan in Brooklyn rejected those plans on Tuesday, saying Department of Homeland Security (DHS) Secretary Kristi Noem did not follow a timeline and instructions mandated by Congress to reconsider TPS designations for Haitians.

In his decision, Cogan wrote, "Secretary Noem does not have statutory or inherent authority to partially vacate a country's TPS designation." Doing so, he added, made her actions "unlawful."


https://www.foxnews.com/politics/federal-judge-blocks-trumps-immigration-policy-shocking-decision-haitian-protections

Is this a situation where the Trump administration can ignore and deport?

Picard
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Deport the judge

DrEvazanPhD
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Half a million people who have no prayer of fitting in here. Get 'em gone
DonHenley
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Ignore the judge
fc2112
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A judge in Brooklyn doesn't have jurisdiction. Ignore him.
BMX Bandit
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fc2112 said:

A judge in Brooklyn doesn't have jurisdiction. .


This is completely wrong.

Quote:

Ignore him


Again, Trump administration follows the law. They aren't going to ignore orders no matter how much the left claims they will or how much others want it to
Teslag
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So does this ruling just affect his district and actual litigants in the case in light of the recent ruling to scale back nationwide injunctions?

The admin should deport anyone not in his district and claim the scotus ruling shields them
BMX Bandit
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Quote:

The TPS designations for Haitians were expected to expire on Aug. 3 with termination to become effective on Sept. 2.



So start up on 9/2.
BMX Bandit
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Teslag said:

So does this ruling just affect his district and actual litigants in the case in light of the recent ruling to scale back nationwide injunctions?

The admin should deport anyone not in his district and claim the scotus ruling shields them



That's not what the Supreme Court said. It's a "by district" issue. Its litigants to the case.

Also, I think this may be an APA case (not sure) so the CASA ruling does not apply.
rocky the dog
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Elections are when people find out what politicians stand for, and politicians find out what people will fall for.
ktownag08
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Temporarily protect them in Alligator Alcatraz, and other available space, from now until September 2 then start deportation operations.

fc2112
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BMX Bandit said:

fc2112 said:

A judge in Brooklyn doesn't have jurisdiction. .


This is completely wrong.
Completely right. This guy is a federal judge of the eastern district of New York. 99% of these Haitians live in Ohio. He has no jurisdiction.
Cougar11
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are they appealling?
IslanderAg04
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Hide your pets.
Tony Franklins Other Shoe
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Buried in the headline: 520,000 Haitians? WTF? That's nearly the population of Wyoming.

Puppet Joe sure screwed this country up in a very limited amount of time.

Person Not Capable of Pregnancy
Teslag
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Come September none of these will self deport, they will then be illegals, though the media won't refer to them as that. They will just make up phrases like "undocumented" or literally refer to them as residents of their respective states (ie Maryland man).

And top it off another judge will just say they are somehow still immune from deportation when it's clear they are.
Logos Stick
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Teslag said:

So does this ruling just affect his district and actual litigants in the case in light of the recent ruling to scale back nationwide injunctions?

The admin should deport anyone not in his district and claim the scotus ruling shields them


I believe the relief only applies to the plaintiffs named in the case, it's not geographical. But in this case, it has to do with procedure, which makes it apply to all.
Detmersdislocatedshoulder
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god it would be nice if republicans could ever use democrat tactics. easy fix change the name, they are not being deported they are getting a one way all expenses paid vacation.

one way all expense paid vacations is what these people are receiving and then fly them to wherever.

Cougar11
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Logos Stick said:

Teslag said:

So does this ruling just affect his district and actual litigants in the case in light of the recent ruling to scale back nationwide injunctions?

The admin should deport anyone not in his district and claim the scotus ruling shields them


I believe the relief only applies to the plaintiffs named in the case, it's not geographical. But in this case, it has to do with procedure, which makes it apply to all.
think this was class action
MouthBQ98
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Wait, so they are CURRENTLY temporary. So at some point, their residency will automatically expire with no action required. Was this an effort to accelerate that process that wasn't done correctly, or is this some BS thing where temporary is really permanent unless someone goes through a process to set a deadline?
Logos Stick
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Cougar11 said:

Logos Stick said:

Teslag said:

So does this ruling just affect his district and actual litigants in the case in light of the recent ruling to scale back nationwide injunctions?

The admin should deport anyone not in his district and claim the scotus ruling shields them


I believe the relief only applies to the plaintiffs named in the case, it's not geographical. But in this case, it has to do with procedure, which makes it apply to all.
think this was class action

It was not.

HAITIAN EVANGELICAL CLERGY ASSOCIATION, SERVICE EMPLOYEES INTERNATIONAL UNION - LOCAL 32BJ, SABINA BADIO FLORIAL, YOUDELAINE DORCIN, ROBERT JEAN ALIX ERINAC, RACHELLE GUIRAND, DIEU YOLNICK JEUNE CADET, AUDOINE AMAZAN, GERALD MICHAUD, NADEGE JOSEPH MICHAUD, and MARIE WILDRIGUE ERINAC MIOT, Plaintiffs,
Teslag
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MouthBQ98 said:

Wait, so they are CURRENTLY temporary. So at some point, their residency will automatically expire with no action required. Was this an effort to accelerate that process that wasn't done correctly, or is this some BS thing where temporary is really permanent unless someone goes through a process to set a deadline?


Apparently expires in September by statute. But then they just become illegals and will be protected by endless due process claims.
Cougar11
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Logos Stick said:

Cougar11 said:

Logos Stick said:

Teslag said:

So does this ruling just affect his district and actual litigants in the case in light of the recent ruling to scale back nationwide injunctions?

The admin should deport anyone not in his district and claim the scotus ruling shields them


I believe the relief only applies to the plaintiffs named in the case, it's not geographical. But in this case, it has to do with procedure, which makes it apply to all.
think this was class action

It was not.

HAITIAN EVANGELICAL CLERGY ASSOCIATION, SERVICE EMPLOYEES INTERNATIONAL UNION - LOCAL 32BJ, SABINA BADIO FLORIAL, YOUDELAINE DORCIN, ROBERT JEAN ALIX ERINAC, RACHELLE GUIRAND, DIEU YOLNICK JEUNE CADET, AUDOINE AMAZAN, GERALD MICHAUD, NADEGE JOSEPH MICHAUD, and MARIE WILDRIGUE ERINAC MIOT, Plaintiffs,
guy in the video in the link says it was class action
nortex97
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Noem was a named party. I haven't read the opinion but I think he is striking her action, the 'partial vacatur' as not administratively performed correctly as the Haitians had relied on the promise to have their TPS status extended through year-end. Could be wrong, but it's likely they get to stay thru December, as a class. Maybe just the plaintiffs though, again I didn't read the opinion.
P.H. Dexippus
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Tony Franklins Other Shoe said:

Buried in the headline: 520,000 Haitians? WTF? That's nearly the population of Wyoming.

Puppet Joe sure screwed this country up in a very limited amount of time.
That's more than double the population of Somalians we have.
Trajan88
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Haiti's estimated population (in 2018): 11,123,178.

520,000 Haitians here in the U.S.

~5% of Haiti's population has been transferred to the U.S.

Ooof.
GeorgiAg
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AtticusMatlock
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The "T" in TPS stands for "temporary." It's 18 months. The judge didn't say Noem/HHS had no power to deport them, just didn't follow the process prescribed by Congress. Another example of something being on Congress, IMO not the judge. Unlike some other federal rulings, to me at least this doesn't seem like judicial overreach.
doubledog
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fc2112 said:

A judge in Brooklyn doesn't have jurisdiction. Ignore him.
So says SCOTUS...
captkirk
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See you on New Years!
techno-ag
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IslanderAg04 said:

Hide your pets.

Trump will fix it.
TRM
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Hubert J. Farnsworth said:


Quote:


U.S. District Judge Brian Cogan in Brooklyn rejected those plans on Tuesday, saying Department of Homeland Security (DHS) Secretary Kristi Noem did not follow a timeline and instructions mandated by Congress to reconsider TPS designations for Haitians.



What's Congress's mandated timeline and instructions?
nortex97
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I think poster above is in error. The judge referenced that when gov't gives a timeline and someone relies on it (detrimentally), the gov't can't just change it after they are enrolled in schools/jobs etc for the year. I don't agree with the examples/claims in this case, but that's what he said (paraphrasing). It's not a statutorily mandated 6 months.
aggiejayrod
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nortex97 said:

I think poster above is in error. The judge referenced that when gov't gives a timeline and someone relies on it (detrimentally), the gov't can't just change it after they are enrolled in schools/jobs etc for the year. I don't agree with the examples/claims in this case, but that's what he said (paraphrasing). It's not a statutorily mandated 6 months.


The remedy for most of the things you just listed is cash not specific performance.
Urban Ag
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Tony Franklins Other Shoe said:

Buried in the headline: 520,000 Haitians? WTF? That's nearly the population of Wyoming.

Puppet Joe sure screwed this country up in a very limited amount of time.
Almost as if the democrats imported a potential army. Hmmmm.
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