| As Syria TPS Faces
End SDNY Judge Holds Injunction
Hearing With Ruling Coming
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Nov 17 –
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
Petitioners'
lawyer: We're challenging an
executive action that we say
goes against a statutory
scheme. Where there is that
tension, the court should look
more at the public interest.
Judge Failla: I'd
like a copy of the transcript
of this to be ordered. How
ever I rule, the losing side
will be taking it to the 2nd
Circuit.
Plaintiffs'
lawyer: We bring contrary to
law claims. We say the
Secretary [Noem] is influenced
by extra statutory
factors Judge
Failla: You're telling me you
are not challenging the
substance of her decision -
but you're saying she didn't
do a very good job in
assessing country conditions.
I am worried that your
arguments are a little bit too
clever
Judge Failla: I'm
focusing on Syria and TPS. You
are asking to focus on cases
in Texas and California that
found animus in other cases.
I'm supposed to use that
evidence here? I'm not privy
to those cases.
Plaintiffs'
lawyer: We included some.
Plaintiffs' lawyer: We argue
this is about discrimination
against non-white people Judge
Failla: You're citing back to
the first Trump
administration. Are you asking
me to consider that?
Plaintiffs' lawyer: Yes. Look
at their statements during the
campaigns
Judge Failla:
You're saying that if some
judge in the first Trump
administration made a finding,
it can never change?
Plaintiffs' lawyer: The first
administration is couple with
the current - there are 9
terminations now, essentially
every one that has come up
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
Judge Failla: You're saying I
can review under the APA and
Constitution. What about the
TPS statute itself?
Plaintiffs'
lawyer: You can review.
Judge: Are you saying the US
can't use national interest as
a basis for termination, if
armed conflict was cited?
Yes
Plaintiffs' lawyer: The
Secretary is required to study
conditions in the
country.
Judge Failla: How
can I look behind the
Secretary's statements in the
Federal Register that she has
done the review? Plaintiffs'
lawyer: Look at the campaign
statements J: Inartful
Plaintiffs'
lawyer: 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. We have
established a pattern, for
purpose of the change in
position doctrine. An
explanation is required.
Judge: The national interest?
Plaintiffs' lawyer: We have a
chart
Judge Failla: You
want me to consider nine
countries which lost TPS. You
want me to consider that a
pattern? Plaintiffs' lawyer: A
very strong trend. It
undergirds our claims in
general. There are also the
campaign trial statements.
There's EO 14159
Plaintiffs'
lawyer: We acknowledge the
Secretary may share the views,
but we still think there is
inappropriate political
influence from the White
House. It contradicts what the
law requires. Domestic
politics are supposed to be
kept out.
Judge: Break.
More on Substack
here
The case is Doe
v. Noem, et al., 1:25-cv-8686
(Failla)
***
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