| SDNY Decision
Retaining Syria TPS Rejected
by Supreme Court Which Other
Rulings Next?
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 25 –
Days before the expiration of
Temporary Protected Status in
the US for people from Syria,
a court hearing was held on a
request to enjoin the
termination, before U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla.
Inner City Press covered it
live, on BlueSky here
Judge Failla: The
Biden administration allowed
extensions on Haiti and
Venezuela. I'm not sure how I
can consider what's happened
in Venezuela and Haiti except
as a history of this
Administration's treatment of
TPS. Plaintiffs' lawyer:
There's South Sudan... The
Vice President says there
would be no more TPS writ
large only case by case... The
Secretary has terminated TPS
each time it has come up. That
is not an objective review.
There are other deviations, in
this Trump
administration
Plaintiffs'
lawyer: These are no
consultation on Nicaragua,
Nepal, Venezuela and Cameroon.
Perhaps others. There's emails
that termination determination
had been made on Nicaragua, no
letter. On Venezuela the
letter was late
Plaintiffs'
lawyer: This was a
pre-determined decision, not
in accord with the
statute.
On November 19
Judge Failla read out her
lengthy ruling - Inner City
Press again live tweeted on
Bluesky, blocked from its main
X account with no help from X
Support. Once she ruled - to
keep Syria TPS from ending
Friday - she denied the AUSA's
request for a two week stay,
saying she hoped he
understood.
Docketed on
February 20, the US' appeal
and the Second Circuit's
denial of a stay: "it is
hereby ORDERED that the
Government's motion for a stay
pending appeal is DENIED."
More
on Substack here
On July 25, the
Supreme Court allowed the
termination of TPS for Syria,
and Haiti. "ALITO, J.,
announced the judgment of the
Court and delivered the
opinion of the Court except as
to Part III–A. ROBERTS, C. J.,
and THOMAS and KAVANAUGH, JJ.,
joined that opinion in full,
and GORSUCH and BARRETT, JJ.,
joined except for Part III–A.
THOMAS, J., filed a concurring
opinion. KAGAN, J., filed a
dissenting opinion, in which
SOTOMAYOR and JACKSON, JJ.,
joined."
From the
decision, KAGAN, J.,
dissenting; "The aide stated
(in two separate emails) that
Haiti’s and Syria’s TPS
designations were up for
review; the official then
replied as to each that the
State Department had “no
foreign policy concerns” with
a termination of TPS. 2 App.
763; Administrative Record in
No. 25–cv–8686 (SDNY), ECF
Doc. 72–2, p. 156. The problem
with those exchanges is that
they were not about the right
thing."
What other recent
decisions might go the same
way?
Analysis on X for
Subscribers here
and Substack here.
This SDNY case
is, or was, Doe v. Noem,
et al., 1:25-cv-8686 (Failla)
***
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