Judge Ana Reyes upholds TPS termination postponement for Haitians

A federal judge on Thursday upheld her order postponing the termination of temporary protected status for hundreds of thousands of Haitians in the United States.

The Justice Department appealed U.S. District Judge Ana Reyes’ stay to the U.S. Court of Appeals for the DC Circuit but simultaneously requested that she rescind her order. Judge Reyes heard arguments from both sides on Thursday and said that she is denying the government’s motion and would issue a written order before Feb. 19, which is the next deadline in the appellate court case. 

Reyes’ order pauses Homeland Security Secretary Kristi Noem’s termination of Temporary Protected Status for Haitians.

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“During the stay, the Termination shall be null, void, and of no legal effect … The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay.”

At the end of Thursday’s hearing, Reyes said she had something “important” to put on the record.

“People are entitled to their views,” said Reyes, who is both the first Latina and openly LGBTQ person to serve in Washington, D.C., as a district court judge.

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“I am an immigrant. I did not hide that from the president of the United States … or from the U.S. Senate,” Reyes said, adding that she has heard questions about “how someone like me, an immigrant and a lesbian could get this job.”

Reyes remarked that she doesn’t hear anyone talking about how she was magna cum laude at Harvard Law and practiced law at a top firm for 22 years.

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Reyes then went on to read threats that have been emailed to her chambers. “I don’t mind being called the C-word,” Reyes said, before quoting from various threats she said she has received.

“I hope you lose your life by lunchtime … God d*** you. I hope you die today … The best way you could help America is to eat a bullet,” Reyes quoted. Judge Reyes also quoted from social media posts about her, including one which read, “Hang the b****.”

“Many of my colleagues have received threats,” she said, adding there have been threats to the families of judges as well. “To those who would threaten judges … we will act without fear or favor. … We will continue to do our jobs. … We will not be intimidated.”