Federal judge lets Haitian and Central American refugees continue suit to stay in the country

A federal judge in Boston today denied government requests to throw out a lawsuit by groups representing tens of thousands of Haitians, Guatemalans and Salvadorans that seeks to let them stay in the country for humanitarian reasons rather than be kicked out beginning next year.

US District Court Judge Denise Casper said the groups presented sufficient evidence that Washington was going after them because the government is now headed by a racist, in a country where racial discrimination is still illegal, to warrant letting them further make their case. Government lawyers argued any racist campaign statements or tweets he made aren't proof that his subordinates who actually signed the new policies are themselves animated by racial hatred:

This Court finds that the combination of a disparate impact on particular racial groups, statements of animus by people plausibly alleged to be involved in the decision-making process, and an allegedly unreasoned shift in policy sufficient to allege plausibly that a discriminatory purpose was a motivating factor in a decision.

Casper also rejected a government argument that courts have no jurisdiction over the "temporary protected status" program under which the refugees were allowed into the country, because, unlike with other laws dealing with people allowed into the country, the TPS law does not specifically exclude courts. And she rejected a government argument that this case is akin to a recent decision in which the Supreme Court upheld a ban on visas for people from specific countries, saying that that case involved national security, and there are no national-security implications in whether earthquake refugees should be allowed to stay here.

She also ruled against the government's argument that all the people who would be kicked out with the expiration of their TPS status next year could just seek to stay in "removal" hearings, saying that such hearings are only for people caught trying to cross the border illegally and that people who face them lose certain rights, such as to have a lawyer. She added that the end of TPS status would mean the people now here under the program would not be able to work legally, making it even harder to mount a legal case. Since people with TPS status are here legally, they have "a higher level of due process than foreign nationals seeking admission to the country."

She added that the plaintiffs can make their case that the purpose of the TPS program is to ensure that if people enrolled in it are sent back to their home countries, that their countries can actually support them. It is not enough, she ruled, that the government declare that whatever catastrophe sent these people here - for example, earthquakes and disease - is now at an end.

Prior administrations appear to have taken the position that if the conditions that caused the initial determination persist, then extension is warranted, but that extension may also be warranted if new conditions justify a finding that there has been, for example, a natural disaster rendering a foreign state unable to safely accept returnees, such that a termination decision may require more than a determination of solely whether the conditions causing the initial determination persist. Plaintiffs have plausibly alleged that the current administration has adopted the policy that extension is only warranted if the conditions that caused the initial determination persist, which is a shift from the prior policy.

Casper did agree with the government on one point: She rejected a request by the groups to order an immediate end to the expiration of the TPS program - saying they had yet to exhaust other avenues of appeal.

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Comments

People

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The judge should pay for the food/housing of these people. What about American Citizens, or are we being forgotten.

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Voting is closed. 49

She must've known you would make that comment

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Because she notes that the people in question have become members of their community and have jobs and stuff and so are not a burden on your wallet. And that was one of the reasons she cited for rejecting the government's plan to kick them out and let them try to get back in - as legal residents now, they are legally allowed to work - if they were to leave, then try to get back in, they would not be legally allowed to work (and so would, of course, be more of a burden on you, the poor taxpayer, although she didn't say that because it's too obvious).

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Voting is closed. 67

A couple of links.

They say the same thing, but one has more hyperlinks in it. Don't worry, they're not from alt-right web sites.
Official government law involving Temporary Protected Status:
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-...
Cornell, same thing:
https://www.law.cornell.edu/uscode/text/8/1254a

Easy read. Not very long. Makes for interesting reading. They are allowed to work, they have legal protected status until the protection expires. The law is intended to provide temporary shelter in time of natural or man made strife. Perhaps that is what the word 'Temporary' means.

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ok Mensa-Man

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Maybe break out your Websters and look up "protected" while you're at it.

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Voting is closed. 27

And why are they being protected?

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According to the original TPS designation, people from Nicaragua and Honduras got the protection after Hurricane Mitch struck in 1999, while in 2001 those from El Salvador got TPS protection after an earthquake. It was the 2010 earthquake that hit Haiti that resulted in nationals from that country getting TPS protection.

At some point, one has to conclude that cleanup has finished up. Congress could pass a law granting all these TPS beneficiaries permanent residence, but that's not the status they have. The residence they signed up for was temporary, until these natural disasters were handled. 19 years is a long time. Perhaps Nicaragua and Honduras might want to get on the ball and start cleaning up the damage from Mitch.

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Voting is closed. 20

Do some research

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These natural disasters were handled. Oh yes. Mishandled. Handled like Puerto Rico was handled.

Feel free to move to Haiti and live the dream!

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Haiti I can see

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But again, Hurricane Mitch was in 1999. Do you remember what you were doing in 1999?

The protection had nothing to do with poverty or quality of life. Yes, the earthquake was in 2010, but it's not like Haiti was an economic paradise beforehand. It's about a natural disaster and the reaction to it.

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Yes I do

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And do you remember when our govt (thanks Sec of State Clinton) supported a military coup d'etat in Honduras that has resulted in the flood of families fleeing that country? Or the millions upon millions of dollars of military and "security" aid to Honduras (and El Salvador and Haiti, etc. etc.) that has worsened the situation? Or the past 100+ years of the Monroe Doctrine treating these countries like a chew toy for corporate profits and cheap bananas and underwear?

Yeah, keeping a a few folks who have jobs, no criminal records and are contributing to our economy around is actually the least we could fucking do for them.

Let's not even get into Haiti as there is a State Dept warning about travelling there - excepting deportees, of course. (Although much to your probable enjoyment were we to talk about that there would be more intense Clinton bashing to engage in....that couple should be strung up by their respective genitalia.)

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Great

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But none of that has anything to do with the TPS designation.

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yes,

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..because my focus is on the people involved not the half-assed policies that band-aid the issues.

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You asked what protected meant

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And the designation noted what the people were being protected from.

I mean, since you were all gung ho on having people look things up, I'm surprised that you never looked up why the designation was there in the first place, but whatever. Some people enjoy their own reality.

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Voting is closed. 14

Do some research

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These natural disasters were handled. Oh yes. Mishandled. Handled like Puerto Rico was handled.

Feel free to move to Haiti and live the dream!

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Voting is closed. 14

Oh you poor little bunny

Somebody failed to let you in on a secret: immigrants PAY TAXES yet are eligible for very little compared to US Citizens.

You might actually look a few of these things up before you spout gibberish mixed with partly chewed carrots.

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Voting is closed. 45

dont panic

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White people are still very firmly in control of all branches of government.

The "forgotten" bs was successfully used to manipulate you.

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More than enough money to go around

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If the Koch boys and their peers who were to use the money they spend in propaganda to helping feed the hungry, then there would be more than enough to provide to anyone who needs it.

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Hey, Stevo

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How many of these people do you reckon are actually working? The judge seems to think it's a pretty high percentage.

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Voting is closed. 40

Working more than you are, I bet

Be honest now ... and LEARN TO FUCKING GOOGLE IT.

Census data exists! It is public! YOU CAN LOOK IT UP YOURSELF!

Then again, bigots are all ultimately too lazy to bother ...

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Voting is closed. 40

I hope so

Because after 55 years of continuous work I've retired.
3 of those active USMC.
Today I take the position of Maynard G Crebbs.
Google him.

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Voting is closed. 23

Oooh

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Played the special veteran card.

I believe the person you responded to is a veteran as well.

Should people google your name and see what turns up?

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Makes a sweeping

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Makes a sweeping generalization to condemn attitudes & behavior that are rooted in sweeping generalizations - Well done.

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Hey Bick

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Every time I shop in one of the Salvadorian businesses in my neighborhood, I kick in a little to the profits that provide the incomes that provide housing for the proprietors and their employees. Every time I shop in one of the Kreyol businesses in my neighborhood, I kick in a little to the profits that provide the incomes that provide housing for the proprietors and their employees. Every time I shop in one of the Guatemaltecan businesses in my neighborhood, I kick in a little to the profits that provide the incomes that provide housing for the proprietors and their employees.

And if it matters . . when Salvadorians, Guatemaltecans, and Haitians in my neighborhood spend their hard-earned money with my business (yes, it happens) they help provide housing for me and mine.

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This decision doesn't seem

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This decision doesn't seem like it actually changes anything for the plaintiffs. It says people here on TPS can sue, but that suit is still not likely to win them anything.

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Sort of

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The government asked the judge to throw the whole suit out. The judge said no. You're right that doesn't mean the plaintiffs won, but it does mean they get their chance to make their case in court.

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The leftist meltdown would be fun to watch, except

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that here you are getting a Federal judge to say that you can't end temporary status granted to an ethnic group 20 years ago because doing so would pose a "disparate impact" (another mess of confused thought not quite compatible with the 14th Amendment) to that very ethnic group.

And what's even sadder is that
1. Half (or more than half) of lefties don't see anything wrong with this confused thinking from the lawyers and the judge
2. The remainder that recognize it for the sham that it is still think it's a good bludgeon to use because Trump is literally Hitler who's put on some weight, shaved his mustache and and dyed his hair.

Repeat after me: temporary means temporary.

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And the saddest thing is that

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you care more about watching a "leftist meltdown" more than you do about treating people in a dignified manner. Shameful thing to be proud of.

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