"The law says what I say it means" (Updated)

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Federal immigration law empowers the U.S. Attorney General, at his sole discretion, to grant temporary protected status to certain individuals; that protection lasts for a minimum of 6 months and a maximum of 18, unless the Attorney General extends it for another period not to exceed 18 months. Until now, those extensions have been routinely granted (the Haitians are here because of an earthquake that hit that beknighted island in 2010), but practicing the usual D.C. routine ended this past January 20th, so ….

Earlier this year the Trump administration purported revoke the latest extension granted by the previous administration, and sought to remove 600,000 Venuelans and 500,000 Haitians. Not surprisingly, they sued, and also not surprisingly, in March a San Francisco Obama Judge in the 9th Circuit blocked the termination and the removal of the unfortunate invitees. On appeal, the Supreme Court in May, (8-1) lifted the judge’s block, and sent the case back down for further action. Yesterday, that same judge ruled in favor of the plaintiffs again and because, he claimed, the Supreme Court ruling only addressed his first, temporary block, he was free to issue a permanent one, which he proceeded to do. Hilarity has ensued.

DHS fires back at 'activist judges' blocking temporary protected status crackdown

DHS calls temporary protected status program 'abused' and 'exploited' as de facto amnesty

…. Judge Edward Chen, of the Northern District of California, wrote in his ruling that ending the TPS was "unprecedented" and that Noem’s actions broke the law.

…. TPS for Venezuelans and Haitians was granted under the Biden administration, as the qualifiers for immigrants from a country to get the status include an active war or a major public health crisis in their homeland. 

…. "The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home," a DHS spokesperson said of Haiti in July. "We encourage these individuals to take advantage of the Department’s resources in returning to Haiti, which can be arranged through the CBP Home app. Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible."

Trump may have acted precipitously in trying to end the TPS status of these people before the expiration of latest extension granted by Biden’s handlers, and that, I presume, is the basis for Judge Chen’s claim to have jurisdiction over the matter, but here’s the thing: the extension ends either in 4 days — September 10th — or, if a seperate renegade judge’s ruling holds this coming January (and I expect the Supreme Court to slap down both judges, hard, before then), so the case should soon be moot. Once the extensions are over, the decision to grant any further extension is solely the Attorney General’s to make, and is not subject to judicial review.

You can read the entire text of the applicable law at issue here at 8 USC §1254 - a Temporary protected status here. Here are excerpts germaine to the current case:

§1254a. Temporary protected status

(a) Granting of status

(1) In general

In the case of an alien who is a national of a foreign state designated under subsection (b) (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), the Attorney General, in accordance with this section-

(A) may grant the alien temporary protected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect, and

(B) shall authorize the alien to engage in employment in the United States and provide the alien with an "employment authorized" endorsement or other appropriate work permit.

The Attorney General … may [bolding added “may” is not “shall” — ed] designate any foreign state under this subsection only if —

(A) the Attorney General finds that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state to that state (or to the part of the state) would pose a serious threat to their personal safety; or

(B) the Attorney General finds that—

(i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected, [the Haitian earthquake occured in 2010 — ed]

…. or

(C)

the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States. [bolding added]

…

(2) Effective period of designation for foreign statesThe designation of a foreign state (or part of such foreign state) under paragraph …

(B) shall remain in effect until the effective date of the termination of the designation under paragraph (3)(B).

For purposes of this section, the initial period of designation of a foreign state (or part thereof) under paragraph (1) is the period, specified by the Attorney General, of not less than 6 months and not more than 18 months.

(3) Periodic review, terminations, and extensions of designations

(A) Periodic review

At least 60 days before end of the initial period of designation, and any extended period of designation, of a foreign state (or part thereof) under this section the Attorney General, after consultation with appropriate agencies of the Government, shall review the conditions in the foreign state (or part of such foreign state) for which a designation is in effect under this subsection and shall determine whether the conditions for such designation under this subsection continue to be met. The Attorney General shall provide on a timely basis for the publication of notice of each such determination (including the basis for the determination, and, in the case of an affirmative determination, the period of extension of designation under subparagraph (C)) in the Federal Register.

(B) Termination of designation

If the Attorney General determines under subparagraph (A) that a foreign state (or part of such foreign state) no longer continues to meet the conditions for designation under paragraph (1), the Attorney General shall [emphasis added] terminate the designation by publishing notice in the Federal Register of the determination under this subparagraph (including the basis for the determination). Such termination is effective in accordance with subsection (d)(3), but shall not be effective earlier than 60 days after the date the notice is published or, if later, the expiration of the most recent previous extension under subparagraph (C).

(C) Extension of designation

If the Attorney General does not determine under subparagraph (A) that a foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1), the period of designation of the foreign state is extended for an additional period of 6 months (or, in the discretion of the Attorney General, a period of 12 or 18 months).

(5) Review

(A) Designations

There is no judicial review of any determination of the Attorney General with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection.

((g) Exclusive remedy

Except as otherwise specifically provided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deportable or have been paroled into the United States to remain in the United States temporarily because of their particular nationality or region of foreign state of nationality.

UPDATE. Let’s hear it for RINOs!

Indiana Lt. Governor’s MASSIVE Haitian Relocation Brag Backfires, Comments Nuked After X Roasts Him

Yesterday, the Indiana Lt. Governor took to X to brag about relocating tens of thousands of Haitians to his state. He went on and on about what great Americans they will be and how they just want to work and be very patriotic. Maybe they do, but how exactly does he know that. It didn't go well for him. Soon enough, he had to turn off the comments. Read the room, dude.