For decades, the American people have been told that Temporary Protected Status (TPS) is exactly what the name implies: a short-term humanitarian bridge.
But on Monday night, a single federal judge attempted to turn a 15-year-old administrative order into a permanent mandate, stripping the Executive Branch of its legal authority to manage our nation’s borders.
The Legal Reality vs. Judicial Activism
Under federal law, the power to designate—and end—TPS lies squarely with the Department of Homeland Security (DHS).
When Judge Ana Reyes blocked the DHS from ending Haiti’s 2010 designation, she didn’t just ignore the facts; she ignored the Constitution.
Executive Discretion:
The decision to extend or terminate TPS is a matter of foreign policy and national security—powers vested in the President and his Cabinet, not the judiciary.
Legislating from the Bench:
By using an 83-page opinion to moralize rather than interpret statute, the court has attempted to “leapfrog” the law to achieve a preferred political outcome.
15 Years is Not “Temporary”:
Haiti’s TPS was granted following an earthquake in 2010.
To argue that the Executive Branch lacks the authority to end a “temporary” program after a decade and a half is a rejection of the rule of law.
“Temporary means temporary. The final word on American immigration policy will not be written by an activist judge, but by the law itself.” — Tricia McLaughlin, DHS
Restoring the Rule of Law
We cannot allow the judicial branch to seize control of administrative functions.
This isn’t about the individual contributions of a few; it is about whether the law applies to everyone—including federal judges.
The Trump Administration is prepared to take this fight directly to the Supreme Court to ensure that “de facto amnesty” is stopped and that the Executive Branch regains its rightful authority to secure the country.
It’s time to return the power to the people—and the law.
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