PALM BEACH COUNTY, Fla. — A federal judge blocked the Trump administration's attempt to end Temporary Protected Status for Haitians just hours before it was set to take effect at midnight, providing relief to hundreds of thousands of people living in the United States under the protection.
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U.S. District Judge Ana Reyes issued a scathing rebuke of Homeland Security Secretary Kristi Noem in her ruling, concluding that, "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."
The decision affects people like Farah Larrieux, who was granted TPS in 2010 following an earthquake that devastated Haiti. Over the past 20 years in South Florida, she built a marketing company geared toward minority communities, primarily Haitians.
"My dream is to become the most successful Haitian woman entrepreneur of the world," Larrieux said. "For Americans to see Haitians as value, not only economic contribution, but also a cultural, a political contribution."
She had already been in the U.S. for five years when she received TPS, which halted her pending case for permanent residency.
"I am here now taking the time to fight for my right to exist," Larrieux said.
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According to DHS, TPS is a designation for foreign countries whose conditions prevent its nationals from returning safely. Those granted TPS can get work authorization and are not removable from the U.S. People convicted of a felony or at least two misdemeanors are not eligible for TPS.
Judge Reyes noted that the requirement for a clean criminal history stood at odds with statements made by top Trump administration officials. She referenced a tweet by Secretary Noem in her opinion, which stated: "I am recommending a full travel ban on every damn country that's been flooding our nation with killers, leeches and entitlement junkies." Noem posted this shortly before announcing she would revoke TPS for Haitians.
"This is not about [an] immigration issue. This is about [a] racial issue," Larrieux said.
Judge Reyes appeared to agree with that assessment in her ruling, saying removing Haitians from the U.S. economy goes against the public interest. She cited upwards of $5 billion in annual tax revenue from TPS holders and wrote, “Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them.”
In response to the ruling, Assistant DHS Secretary Tricia McLaughlin tweeted: "Supreme Court, here we come," writing that TPS "was never intended to be a de facto amnesty program" and that "the final word will not be from an activist judge legislating from the bench."
TPS does not provide a pathway to citizenship for Larrieux, but she said she has a pending asylum case and will continue to fight to make her dreams come true.
"American people I felt make me a better person, make me understand how democracy works. It made me understand what it means when fighting for your freedom," Larrieux said.
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