There will be expedited briefing, and a one hour argument at the Supremes in April, to resolve whether Trump can avoid the lower courts’ rulings holding that he cannot, with a Sharpie alone, revoke the temporary protected status of asylum seekers from Syria and Haiti.
Do read all of this. It accurately sets out the black letter law. Trump will lose [the animation at right depicts the last major hurricane — Melissa — to strike Haiti]:
…The government will suffer no irreparable harm if the district court’s order remains in effect pending the government’s appeal of it. Haiti has been designated for Temporary Protected Status since 2010. Since then, hundreds of thousands of Haitian TPS holders have lived in and contributed to American communities across the country. The government identifies no emergency requiring their immediate expulsion….
Respondents, by contrast, will suffer irreparable — potentially fatal — injury if the district court’s order is stayed.
Respondents would be subject to immediate detention and removal to Haiti, “a maelstrom of disease, poverty, violence (including sexual violence) and death.” Indeed, the State Department (Editorial note: at least, as imagined by the MAGAts now in control of it) advises that you should not travel to Haiti for any reason but that if you nevertheless do, then you should “[l]eave DNA samples with your medical provider and dental records with your family in case it is necessary for your family to access them to identify your remains.”
It is, moreover, respondents rather than the government who are likely to prevail on the merits….
Since the assassination of President Jovenel Moïse in 2021, armed gangs have gained control over much of [Haiti’s capital] Port-au-Prince, creating a power vacuum that has made governing a challenge and fueled further violence, homelessness and starvation. More than 5,600 people were killed and 1,400 were kidnapped amid gang conflicts last year, according to the United Nations. The violence has rendered 1 million people homeless in Haiti, forcing many into makeshift shelters and exacerbating the country’s economic challenges….
Onward, resolutely.
नमस्ते
Powerline Lies... 