I had a hearing at the San Antonio immigration court yesterday. The DHS attorney didn’t even bother to show up, but the judge proceeded anyway. If a respondent misses a hearing, he gets ordered removed immediately. But if you’re the DHS attorney, no consequences.
!["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.”1
More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). 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. See Part VI.
Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet].](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:nwnlnixtjh3qhkwpz2uy5uwv/bafkreicrroq5taft777rmau2ffjlsphbcatlxnwwigf2yekoke533yycim)
![has terminated every TPS country designation to have reached her desk—twelve countries up,
twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite
country) faces merely “concerning” conditions cannot be squared with the “perfect storm of
suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified
Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that
she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8
U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all.
See id. Her “national interest” analysis focuses on Haitians outside the United States or here
illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section
IV.A.3.b. And though she states that the analysis must include “economic considerations,” she
ignores altogether the billions Haitian TPS holders contribute to the economy. See id.
The Government’s primary response is that the TPS statute gives the Secretary
unbounded discretion to make whatever determination she wants, any way she wants. And, yes,
the statute does grant her some discretion. But not unbounded discretion. To the contrary,
Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to
replace executive whim with statutory predictability. See Section I.A.
As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS
holders are speculative. But the Department of State (State) warns [screenshot]](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:nwnlnixtjh3qhkwpz2uy5uwv/bafkreid3cmawech25ummuj2tjvgxsrvufma2kmrijlfpglalwddd3qkikq)
![May 12, 2025
MEMORANDUM FOR: All ICE Personnel
FROM: Todd Lyons Acting Director
SUBJECT: Utilizing Form I-205, Warrant of Removal
On January 20, 2025, President Donald J. Trump issued Executive Order 14159, Protecting the American People Against Invasion, directing the Secretary of Homeland Security to "ensur[e] the successful enforcement of final orders of removal." 90 Fed. Reg. 8443, 8444 (Jan. 20, 2025) (E.O. 14159). Essential to the removal of aliens subject to final orders of removal is the ability to locate and arrest them. To this end, certain supervisory immigration officers within both Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) are authorized to issue an administrative warrant, Form I-205, Warrant of Removal (Form 1-205), for the arrest of an alien with a final order of removal. 8 C.F.R. § 241.2(a)(1). All U.S. Immigration and Customs Enforcement (ICE) special agents and deportation officers are authorized to execute Forms 1-205. 8 C.F.R. § 287.5(e)(3)(iii) - (y)
Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose. Accordingly, in light of this legal determination, ICE immigration officers may arrest and detain aliens subject to a final under of removal issued by an immigration judge, the Board of Immigration Appeals (BIA), or a U.S.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreifrzrvaszfhj4bzhgtyvx3fm6ht4kc2zrwtvozijyxl3zxgp7vx6a)
