Judge Obama blocks Trump's TPS cancellation for Venezuelan invaders

Yet another federal judge on the left and right trespassed the separation of power. This time, the legal activist is Edward Chen of the US District Court for the Northern District of California. He blocked the Trump administration from removing Temporary Protection Status (TPS) from around 350,000 Venezuelans.

Chen ordered his stay, despite previous 2018 federal court opinions, saying that the TPS decision by the Secretary of Homeland Security is not justified.

End NOEM order TPS

The Communist-designed American Civil Liberties Union and other far-left groups sued the government after Homeland Security Secretary Christie Noem ended the TPS.

Noem's predecessor, Visa Fraudster Alejandro Mayorkas, granted TPS to Venezuelan invaders in 2021, repeatedly expanding to include 600,000 because it was “unsafe” to return home. Noem's order will properly remove 348,202 of that country 60 days after her discovery.

“After reviewing the national terms and considering whether allowing Venezuelan citizens to be eligible for the 2023 designation was against the US national interest, we have discussed with appropriate US government agencies that Venezuela no longer continues to meet the conditions of the 2023 designation,” the order said.

In particular, the Secretary held that allowing eligible Venezuelan citizens to stay in the United States temporarily is in violation of national interest.

According to the order, “significant improvements in several areas, such as the economy, public health and crime, will allow these citizens to be returned to their country safely.”

She said the Secretary has the authority to terminate the TPS as he ruled that “it is against the national interest to allow Venezuelan citizens (or aliens who have no nationality that they had last habitually resided in Venezuela) to remain in the United States.”

Similarly, Noem's order explained that “Congress explicitly prohibits the Secretary from designating a country for TPS or extending the designation of TPS if it discovers that what violates the interests of the US citizens is “to allow aliens to stay in the US temporarily.”

Chen's decision

So the lawsuit, and Chen's ridiculous decision. It was based on the plaintiff's claim that he trespassed the Control Procedures Act, which governs the way federal agencies implement rules and regulations. The plaintiffs in part argued that Noem's orders were “arbitrarily and whimsical.”

Noem's actions were “blackmailing.”

Similarly, Chen writes that “the government has failed to identify the true countervailing harm in the ongoing TPS for Venezuelan beneficiaries.”

The harm lies with American taxpayers and murder victims, such as Laken Riley and Jocelyn Nungarei. That may be one of the reasons he expels the stereotypical bogeyman:

The secretary's rationale is completely lacking in evidence support. For example, there is no evidence that a Venezuelan TPS holder is a member of the TDA gang, has links to the gang and committed a crime. Venezuela's TPS holders have a lower crime rate than the general population. The generalization of criminality to the entire TPS population of Venezuela is unfounded and racist smaks based on generalized false stereotypes.

The plaintiff concluded that “the actions taken by the secretary are highly likely to succeed in demonstrating that the actions taken by the secretary are fraudulent by law, arbitrary, whimsical, and motivated by unconstitutional anise.”

So did the Visa Crook Mayorkas's, but alas, that didn't matter.

Previous Judgment, Federal Law

As observed by Bill Melugin of Fox News, Chen trespasses federal law.

“There is no judicial review regarding the decision of (secretary) regarding the termination or extension of the designation of a foreign state under this subsection,” states 8 US Code 1254.

That law became the heart of a similar TPS termination case. In the case of Ramos v. Nielsen, the same district court upheld the plaintiffs who sought to stop the first Trump administration from ending the TPS for illegal aliens in Sudan, Haiti, Nicaragua and El Salvador.

A panel of three judges in the U.S. Ninth Circuit Court of Appeals has been ruled in favor of Trump on the matter. But Chen insisted that essentially, the panel's opinion was not counted as Trump lost the 2020 election.

“The panel's decision was later released and the problem was now possible to rehearse banc,” writes Chen:

Ultimately, the EN BANC hearing was not held as the government transitioned to the Biden administration made a new decision on the issue of TPS designation and termination.

The decision of the Ramos panel is invalid and the decision of this court in Ramos has not been reversed as the decision of EN BANC has not been issued before.

Naturally, the ACLU was delighted as the Venezuelan criminals ruled that they could remain in the country.

Emi McLean of the ACLU Foundation in Northern California said:

The court's ruling asserts that Chief Norm violated the boundaries of DHS authorities. …Judge Chen's decision recognizes the important role of TPS today and protects those who cannot return safely to their country. This humanitarian protection cannot be stripped of hundreds of thousands of people on illegal pretenses.

It has nothing to do with the Constitution.

Conclusion: The Trump administration cannot reverse illegal decisions from the Biden administration as unelected judges appointed by former President Barack Obama say so.

Judgments such as Chen's have invigorated the GOP Act at Capitol Hill to limit the power of judges and to halt unconstitutional national injunctions.

Similarly, several judges, particularly Justice James Boasberg, who banned alien enemies from using the Trump administration to deport gang members designated as Venezuelan rapists, murderers and terrorists, could be fired each.