Reposted by Merijn Chamon
Merijn Chamon
@merijnchamon.bsky.social
2K followers 384 following 52 posts
Professor of EU Law @ Vrije Universiteit Brussel | Visiting Professor @ College of Europe
Professor of EU Law @ Vrije Universiteit Brussel | Visiting Professor @ College of Europe
!["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)
