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Five Haitian TPS holders quickly sued to block the termination. Judge Reyes sided with them, declaring Noem’s action “null, void, and of no legal effect.” The judge suggested Noem’s decision was “substantially likely” motivated by “hostility to nonwhite immigrants,” injecting race into what Noem says is a policy matter.
Judge Targets Noem’s Social Media Posts
Reyes repeatedly highlighted Noem’s November social media post, where she called for a travel ban from Haiti and “every damn country that has been flooding our nation with killers, leeches, and entitlement junkies.” According to Reyes, these statements were evidence of racial animus, despite reflecting concerns about border security.
The ruling emphasized the five plaintiffs, including professionals like a neuroscience researcher, a bank software engineer, and a nurse, portraying them as exceptions to a broader population. Noem counters that her decision considers the overall impact of continued TPS, including gang violence in Haiti and strained American communities.
Reyes admitted Noem “has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants” but argued the Constitution limits how policy can be executed. Translation: a judge can use public comments to block lawful policy implementation.
The judge also criticized Noem for allegedly ignoring State Department warnings about Haiti’s dangerous conditions—rampant disease, gang control, and a collapsed government. Critics see this as contradictory: Haiti is too dangerous to return to, yet the program must continue indefinitely.
DHS Fires Back
DHS spokeswoman Tricia McLaughlin responded immediately: “Supreme Court, here we come. This is lawless activism that we will be vindicated on.” McLaughlin reminded the public that TPS was never intended as a permanent solution. “Temporary means temporary and the final word will not be from an activist judge legislating from the bench,” she said.
A Pattern of Court Interference
This marks the second time a federal judge has blocked Trump’s attempt to end Haiti TPS this year. Similar obstacles arose during his first term. Observers note a pattern: Democrat-appointed judges repeatedly halt immigration policies supported by voters and law.
Judge Reyes herself is an Uruguayan-born immigrant, confirmed in 2023 by a narrow 51-47 Senate vote. Before joining the bench, she worked at the Feminist Majority Foundation opposing merit-based policies. Critics argue a politically activist background now influences decisions on immigration law.
Federal judges have blocked Trump policies on birthright citizenship, asylum, deportations, and funding freezes, prompting the administration to file lawsuits against multiple courts simultaneously. Stephen Miller, White House Deputy Chief of Staff, calls it “judicial tyranny.”
Supreme Court May Be the Only Option
Noem has ended TPS for ten other countries, but federal courts have sided with immigrants in most cases. The Supreme Court upheld the termination of Venezuelan TPS, offering a potential path for reversing the Haiti decision.
Meanwhile, American communities are already feeling the strain. Springfield, Ohio, for example, saw 15,000 Haitians arrive during Biden’s term, overwhelming schools and services. Trump highlighted these issues during his 2024 campaign, winning support for stricter immigration enforcement.
Judge Reyes’ ruling preserves protections for 350,000 Haitians, leaving appeals to drag on for months or years. Advocates argue returning them would expose Haitians to violence and disease. Trump and Noem counter that 15 years is long enough for a “temporary” program and that national interest requires ending it.
The Supreme Court will ultimately decide, but for now, another Biden-appointed judge has demonstrated the challenges Trump faces in enforcing immigration law—and why Stephen Miller calls the courts a roadblock to the voters’ will.
Explain to me how a judge can enforce a ruling when the Executive Branch employees have all the guns.