A federal judge put a halt Wednesday to Homeland Security’s plan to shut down a deportation amnesty for nearly 5,000 Ethiopian migrants, chastising the government for being too harsh toward them.
Judge Brian Murphy, a Biden appointee and frequent legal combatant with President Trump, said former Secretary Kristi Noem was wrong when she said Ethiopia is ready to take back its citizens.
And he said it’s not just a problem with Ethiopia. He said Ms. Noem has tried to shut down the deportation amnesty, officially known as Temporary Protected Status, for all 12 countries she reviewed.
He said that suggests her decisions were “preordained,” violating the spirit of the law.
“Perhaps it has been a banner year for disaster recovery and geopolitical stability worldwide. The evidence, and common sense, suggests otherwise,” he sniped.
He said Ms. Noem exposed her true intent when she said part of the reason she was ending TPS for Ethiopia was the large number of migrants in the population who were being investigated for immigration fraud or public safety risks.
Judge Murphy said that was irrelevant to the reasons for TPS, which is granted to countries facing war, famine, epidemic, natural disaster or political instability.
The theory is that countries need a chance to recover without having to bear the burden of more people returning — and those citizens living in the U.S. shouldn’t be forced back to dangerous conditions.
While it’s supposed to be only temporary, as the name suggests, in reality it’s often become a backdoor immigration system. Hundreds of thousands of migrants from Central America have been here under TPS since the turn of the century.
Mr. Trump tried to constrain TPS during his first administration but was stopped by federal judges.
The Biden administration made profligate use, adding roughly a million people to the ranks of TPS holders. TPS is a quasi-legal status that brings not just a stay of deportation but some taxpayer benefits.
Mr. Trump’s new administration has renewed the push to constrain TPS, and is again meeting stiff resistance in lower courts.
The Supreme Court has agreed to hear cases involving the administration’s end to TPS for Haiti and Syria. Oral argument is slated for later this month.
The ruling, when it comes, will likely settle the president’s powers in this area.
