02/03/2026
An interesting summary of a recent immigration decision. See the end of this post for books to introduce children to pioneering judges and the legal system in our country!
Federal judges have been writing increasingly scathing rulings as many have grown frustrated and disgusted by the Trump administration's brazen and frequent disregard of the U.S. Constitution. The ruling issued yesterday by U.S. District Judge Ana C. Reyes is yet another example of the fury and moral clarity being expressed by members of the judiciary.
In her 83-page opinion blocking the administration's termination of Temporary Protected Status for more than 350,000 Haitians, Judge Reyes invokes an old lawyer's adage: pound the facts if you have them, pound the law if you have that, or pound the table if you have neither. Secretary Noem, she writes, "does not have the facts on her side -- or at least has ignored them. Does not have the law on her side -- or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter)."
Judge Reyes's rebuke crescendos in the ruling's conclusion, where she draws a sharp distinction between Noem the private citizen and Noem the cabinet secretary: "Kristi Noem has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants. Secretary Noem, however, is constrained by both our Constitution and the APA to apply faithfully the facts to the law in implementing the TPS program. The record to-date shows she has yet to do that."
The ruling indefinitely blocks DHS Secretary Noem's November 2025 decision to terminate TPS for Haitians -- a designation first granted after Haiti's devastating 2010 earthquake and repeatedly extended due to ongoing gang violence, political instability, and humanitarian crisis. Judge Reyes found it "substantially likely" that Noem's decision was motivated by "hostility to nonwhite immigrants" and racial animus. She also questioned whether any meaningful review of country conditions was conducted -- expressing particular skepticism over a State Department official who, in response to a late Friday request for input, replied in just 53 minutes claiming there were "no foreign policy concerns."
The ruling preserves work authorization and deportation protections while litigation continues, noting that Haitian TPS holders contribute $3.4 billion annually to the economy and fill critical healthcare shortages. Judge Reyes exposed the absurdity at the heart of Noem's order: "Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things -- in the public interest is not one of them."
As it has done repeatedly after defeats in district courts, the Trump administration has dismissed the ruling as "lawless activism" and vowed to appeal directly to the Supreme Court -- where the conservative supermajority has reliably intervened to rescue even its most legally dubious policies. Whether this ruling survives that appeal remains uncertain.
Regardless of the outcome, Americans who still believe in the rule of law owe a debt of gratitude to judges like Ana C. Reyes, who demonstrate integrity and an unwavering commitment to the Constitution in the face of the lawlessness of the Trump administration and its enablers on the high court -- and who are creating a historic record that will document, for generations to come, the full extent of this administration's contempt for the law.
---
To introduce kids to two pioneering women judges, we recommend "Ruth Objects: The Life of Ruth Bader Ginsburg" for ages 6 to 9 (https://www.amightygirl.com/ruth-objects) and "Sonia Sotomayor: A Judge Grows in the Bronx" for ages 4 to 8 (https://www.amightygirl.com/sonia-sotomayor)
For adult readers who would like to read the inspiring stories of female judicial pioneers, we recommend the excellent biography "First: Sandra Day O'Connor" (https://www.amightygirl.com/first-sandra-day-o-connor), Justice Ginsburg's powerful memoir "My Own Words" (https://www.amightygirl.com/my-own-words-rbg), and Justice Sotomayor's memoir "My Beloved World" (https://www.amightygirl.com/my-beloved-world)
For books for children and teens about the importance of standing up for truth, decency, and justice, even in dark times, visit our blog post, "Dissent Is Patriotic: 50 Books About Women Who Fought for Change," at https://www.amightygirl.com/blog?p=14364
To read more about Judge Reyes' decision on Haitians' protected status, visit https://www.npr.org/2026/02/03/g-s1-108463/judge-blocks-ending-protections-haitians
