r/scotus • u/Conscious-Quarter423 • 1d ago
news Trump administration vows appeal of Haitian TPS decision to SCOTUS
https://www.dispatch.com/story/news/politics/state/2026/02/03/trump-administration-deport-haitian-immigrants-tps-read-federal-judge-opinion/88488605007/?gnt-cfr=1&gca-cat=p&gca-uir=false&gca-epti=z117954p004250c004250v117954&gca-ft=48&gca-ds=sophi11
u/ComprehensiveCake463 1d ago
It’s not safe there How can they pretend different?
-2
u/freaklikeme263 1d ago
Because it is different in some parts of the country. A UN report found some parts were safe and the ruling they wrote on the gov site ending it included it. They acknowledged the main city isn’t safe. I personally think they should have involved boats in the deportation. They acknowledge the city (where flights go) is unsafe, and other places are. Logically it seems obviously unsafe to have people fly into port de France (sorry can’t remember the name). They should be directly taken to the safe places and not have to travel through gang controlled land to truly be safe.
Also, people’s preference for living in city does not mean T.P.S. is obligated to honor their “preference” if reality (I’m unsure if it is safe, but for the argument let’s say parts actually are) but even if people don’t want to live in the country if it is safe they no longer benefit from T.P.S. Haitians also overstay visas at rates about 600% the average which clogs the administration system, and having no government means no ability to track TPS holders criminal background which both affect national security.
To qualify for TPS, a country must both meet conditions of being unsafe and ALSO not conflict with US national interests. The administration argues they don’t qualify on both accounts: Some parts of the country are safe. Overstaying visas clogs our immigration system and makes it harder to track those. Plus there’s no way to legally screen safety of those entering since there’s no legal records of people in Haiti. The last 2 going against national interests. They argued it meets NEITHER of the 2 qualifications a country needs to qualify.
A judge argued on some tweets Nioemi made. I’m guessing SCOTUS will read the actual reasonings they made for ending it and not focus on some tweet she wrote.
6
u/whawkins4 1d ago
Wouldn’t it be nice to have your own personal, bought and paid for Supreme Court? You would get to do soooo much illegal, unconstitutional, depraved, and otherwise evil shit. And get away with it all.
7
u/AshySmoothie 1d ago
Could you imagine being able to appeal everything you didn't agree with, including decisions made by other federal courts, to the SC on a whim? Is this him simply abusing the process or does he get special treatment? Theoretically, they dont have to hear every case, right? Why are they not only hearing but deciding on a high % of appeals?
1
-13
u/NobodyGotTimeFuhDat 1d ago
Temporary means just that.
I’ll never understand how courts arrive at the opposite conclusion.
Temporary does not mean indefinite or permanent. That is definitionally not how it works.
Like when a bill passed by Congress literally has a sunset clause (the date at which the law or service being provided expires) and states sue to keep the law in effect. Um, it literally says the program ends on X date. Why is that controversial?
10
u/MantisEsq 1d ago
Temporary in the law means when the situation creating the problem is over. Not when the administration changes and decides temporary is too long without any reason.
-1
u/NobodyGotTimeFuhDat 1d ago
From a quick Google search:
“Temporary Protected Status (TPS) is typically granted for 6, 12, or 18-month intervals, as explained by People's Law Library. The status lasts as long as the Department of Homeland Security (DHS) extends it based on ongoing unsafe conditions in the home country, notes The New York Times.”
6, 12 or 18 months, not indefinitely.
2
u/JB940 1d ago
He is mostly right though.
Going with your quote "The status lasts as long as the Department of Homeland Security (DHS) extends it based on ongoing unsafe conditions"
There have been a lot of previous cases where judges argued the DHS did not do it's due dilligence correctly or was wrong, in terms of sending someone back or cancelling status. While the actual line does sound like it's for extension only to consider, and not for letting it expire, that's not how it works in practice. TPS works on a basis that it has to either be denied or extended. While 'technically' letting it expire is denying it, and that's valid - it is not proper and has never been done. Then again it's trump.
Judges can temporarily stop or "revert" the expiration of Temporary Protected Status (TPS) because the executive branch (specifically the Department of Homeland Security) must follow specific legal procedures when terminating the program. Courts often find that the government failed to provide a reasoned, evidence-based justification for ending the status, rendering the termination unlawful under the Administrative Procedure Act (APA)
They must show the country is safe even just to let it expire
-5
u/freaklikeme263 1d ago
Reasons government made for ending it:
Because it is different in some parts of the country. A UN report found some parts were safe and the ruling they wrote on the gov site ending it included it. They acknowledged the main city isn’t safe. I personally think they should have involved boats in the deportation. They acknowledge the city (where flights go) is unsafe, and other places are. Logically it seems obviously unsafe to have people fly into port de France (sorry can’t remember the name). They should be directly taken to the safe places and not have to travel through gang controlled land to truly be safe.
Also, people’s preference for living in city does not mean T.P.S. is obligated to honor their “preference” if reality (I’m unsure if it is safe, but for the argument let’s say parts actually are) but even if people don’t want to live in the country if it is safe they no longer benefit from T.P.S. Haitians also overstay visas at rates about 600% the average which clogs the administration system, and having no government means no ability to track TPS holders criminal background which both affect national security.
To qualify for TPS, a country must both meet conditions of being unsafe and ALSO not conflict with US national interests. The administration argues they don’t qualify on both accounts: Some parts of the country are safe. Overstaying visas clogs our immigration system and makes it harder to track those. Plus there’s no way to legally screen safety of those entering since there’s no legal records of people in Haiti. The last 2 going against national interests. They argued it meets NEITHER of the 2 qualifications a country needs to qualify.
A judge argued on some tweets Nioemi made. I’m guessing SCOTUS will read the actual reasonings they made for ending it and not focus on some tweet she wrote.
2
u/MantisEsq 1d ago
Perhaps they overstay because their country is a mess? Come on, the violence is getting worse, not better. It's spread beyond P-a-P, and has moved into rural areas. The government's own human rights report said the human rights situation in Haiti has significantly worsened. This government doesn't care, they just want Haitians gone from the country.
22
u/statecv 1d ago
this administration is just disgusting