The Oppressed & Persecuted

On December 2, 1783, then-Commander-in-Chief George Washington penned: "America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions."  More than two centuries later, Congress reaffirmed President Washington's vision by establishing the Temporary Protected Status (TPS) program.  It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries.  It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually.

Secretary Noem on Twitter (1 December 2025): "I am recommending a full travel ban on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies.  WE DON'T WANT THEM. NOT ONE."

Plaintiffs are five Haitian TPS holders.  They are not, it emerges, "killers, leeches, or entitlement junkies."  They are instead, a neuroscientist researching Alzheimer's disease, a software engineer at a national bank, a laboratory assistant, a college economics major, and a full-time registered nurse.

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.

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.  Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter).

Kristi Noem has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants.  Secretary Noem, however, is constrained by both our Constitution and the APA to apply faithfully the facts to the law in implementing the TPS program.  The record to-date shows she has yet to do that.

By accompanying Order, the Court GRANTS Plaintiffs' Renewed Motion for a Stay.

-- US District Judge Ana C. Reyes ruling for the Plaintiffs in Fritz Emmanuel Lesly Miot, et al v Donald J Trump et al (2 February 2026)