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EmmaTK55

@emmatk.bsky.social

@tressiemcphd.bsky.social’s latest is a must read. She is one of the reasons I keep my NYT subscription.

Democracy Dies by Database www.nytimes.com/2026/02/03/o...

Opinion | Democracy Dies by Database

www.nytimes.com

February 3, 2026 at 1:42 PM

homosexual overlord

@coolranchburrito.bsky.social

the way I jumped out of my seat at GRANTED

Steve Vladeck @stevevladeck.bsky.social · 17h

Even if you don't have time to read all 83 pages of Judge Reyes's opinion barring the Trump administration from rescinding Temporary Protected Status for 350,000+ Haitians, please at least check out the four-page introduction.

It's a tour de force:

storage.courtlistener.com/recap/gov.us...

"On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1
More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI.
Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet].

So says the official responsible for overseeing the TPS program. And one of those (her word) “damn” countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti’s TPS designation as of February 3, 2026. See 90
Fed. Reg. 54733 (Nov. 28, 2025) (Termination).

Plaintiffs are five Haitian TPS holders. They are not, it emerges, “killers, leeches, or entitlement junkies.” They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease, Dkt. 90 (Second Am. Compl. (SAC)) ¶ 1; Rudolph Civil, a software engineer at a national bank, id. ¶ 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. ¶ 3; Marica Merline Laguerre, a college economics major, id. ¶ 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. ¶ 5. They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law.

Plaintiffs seek to stay the Secretary’s decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI.

Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely. Secretary Noem

has terminated every TPS country designation to have reached her desk—twelve countries up,
twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite
country) faces merely “concerning” conditions cannot be squared with the “perfect storm of
suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified
Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that
she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8
U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all.
See id. Her “national interest” analysis focuses on Haitians outside the United States or here
illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section
IV.A.3.b. And though she states that the analysis must include “economic considerations,” she
ignores altogether the billions Haitian TPS holders contribute to the economy. See id.
The Government’s primary response is that the TPS statute gives the Secretary
unbounded discretion to make whatever determination she wants, any way she wants. And, yes,
the statute does grant her some discretion. But not unbounded discretion. To the contrary,
Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to
replace executive whim with statutory predictability. See Section I.A.
As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS
holders are speculative. But the Department of State (State) warns [screenshot]

Dkt. 100 (§ 705 Reply) at 20–21.4 “Do not travel to Haiti for any reason” does not exactly
scream, as Secretary Noem concluded, suitable for return. And so, the Government studiously
does not argue that Plaintiffs will suffer no harm if removed to Haiti. Instead, it argues Plaintiffs
will not certainly suffer irreparable harm because DHS might not remove them. But this fails to
take Secretary Noem at her word: “WE DON’T WANT THEM. NOT ONE.” See Section
IV.B.2.b.
Finally, the balance of equities and public interest favor a stay. The Government does not
cite any reason termination must occur post haste. 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.
For the reasons below, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under
5 U.S.C. § 705, Dkt. 81.

February 3, 2026 at 1:13 AM

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Dan Froomkin/Press Watch/Heads Up News

@froomkin.bsky.social

Haiti’s TPS continues for now!!!!! And zowie: https://storage.courtlistener.com/recap/gov.uscourts.dcd.283214/gov.uscourts.dcd.283214.124.0_1.pdf

VII. CONCLUSION
There is an old adage among lawyers. If you have the facts on your side, pound the
facts. If you have the law on your side, pound the law. If you have neither, pound the table.
Secretary Noem, the record to-date shows, 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).
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.
By accompanying Order, the Court GRANTS Plaintiffs' Renewed Motion for a Stay
Under 5 U.S.C. § 705.
Ara C. Regr

February 3, 2026 at 12:36 AM

homosexual overlord

@coolranchburrito.bsky.social

a dear friend and former colleague had to leave her job of public service today because of this bullshit. America is worse off for forcing her out. it breaks my heart

Gravel Influencer @gravelinfluencer.bsky.social · 1d

Every story I read about the revocation of TPS for Haitians makes me shake with rage. I am no longer surprised at the cruelty of this regime, but it is deeply shameful that our country is doing this. This is simply ethnic cleansing.

‘I’m dead.’ As Haitian temporary protected status ends tomorrow, it’s unknown how people will survive. - The Boston Globe

TPS, a legal status reserved for those fleeing countries in upheaval, is slated to end for Haitians on Tuesday.

www.bostonglobe.com

February 3, 2026 at 12:29 AM

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Brad Heath

@bradheath.bsky.social

Four days before Donald Trump’s inauguration last year, lieutenants to an Abu Dhabi royal secretly signed a deal with the Trump family to purchase a 49% stake in their fledgling cryptocurrency venture for half a billion dollars.

www.wsj.com/politics/pol...

February 2, 2026 at 2:27 PM

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J. David McSwane

@davidmcswane.bsky.social

1/ BREAKING: Government documents reviewed by ProPublica identify Border Patrol agent Jesus Ochoa, 43, and Customs and Border Protection officer Raymundo Gutierrez, 35, as the two who fired their weapons during the deadly encounter with Alex Pretti in Minneapolis.

Two CBP Agents Identified in Alex Pretti Shooting

The two federal immigration agents who fired on Minneapolis protester Alex Pretti are identified in government records as Border Patrol agent Jesus Ochoa and Customs and Border Protection officer Raym...

www.propublica.org

February 1, 2026 at 9:12 PM

homosexual overlord

@coolranchburrito.bsky.social

📕🐖

February 1, 2026 at 12:44 AM

homosexual overlord

@coolranchburrito.bsky.social

song that make mes wish I owned a sundress
tidal.com/track/452829...

Neko Case - Louise

Listen to Louise on TIDAL

tidal.com

January 31, 2026 at 11:52 PM

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Jordan

@slclunk.com

I know you want to go with the liberal smugness and shit, but the Secretary of State having a secret email server to bypass FOIA is also a symptom of “the rich and powerful think they have no consequences” which also fuels the Epstein shit.

NY Times Pitchbot @nytpitchbot.bsky.social · 3d

Whether it's a Hillary Clinton staffer asking John Podesta how to make risotto or Elon Musk asking Jeffrey Epstein where he could find a party featuring child sex slaves, there's plenty of embarrassing emails on both sides.

January 31, 2026 at 9:19 PM

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Electronic Frontier Foundation

@eff.org

Courts should treat biometric locks as equivalent to password protection, EFF’s Andrew Crocker told @TheIntercept.com. “Your constitutional right against self-incrimination should not be dependent on technical convenience or lack thereof.”
theintercept.com/2026/01/30/...

Washington Post Raid Is a Frightening Reminder: Turn Off Your Phone’s Biometrics Now

The search warrant to raid a Washington Post reporter’s home shows how authorities can open your phone without your consent.

theintercept.com

January 31, 2026 at 8:56 PM

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Gambled And Lost Hat

@kenwhite.bsky.social

/3

January 31, 2026 at 7:46 PM

homosexual overlord

@coolranchburrito.bsky.social

pro tip: if you're gonna play a game with your sis who is a new mom pick a game which features little or no child deaths

(playing pentiment which otherwise comes recommended)

January 31, 2026 at 2:34 PM

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addy,

@addyct.bsky.social

remember when the panama papers came out and we found out every rich person on earth was committing tax fraud and then nothing happened

January 31, 2026 at 12:23 PM

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Guido

@guidog.bsky.social

Do you know how f*cked up you gotta act to get banned from Xbox Live in *in 2013*?

Tim Dickinson @timdickinson.bsky.social · 3d

Wild: (Microsoft) Xbox Live banned Epstein for being a sex offender in 2013, but Microsoft founder Bill Gates kept making appointments with him

January 31, 2026 at 12:34 AM

homosexual overlord

@coolranchburrito.bsky.social

weird vibes on this app tonight. not into seeing people making fun of an ice agent for how he looks instead of what he does or flotus implying that she whored instead of calling her out for complicity

January 30, 2026 at 3:48 AM

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GamesIndustry.biz

@gibiz.bsky.social

PC games giant Valve has been told it has to face a £656 million lawsuit in the UK, which claims the Steam giant's revenue share is too high and negatively impacts consumers.

www.gamesindustry.biz/valve-to-fac...

January 27, 2026 at 11:00 AM

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emptywheel

@emptywheel.bsky.social

"Even users in r/massivecock, where most of the posts are images of erect penises, railed against ICE in their captions."

WIRED @wired.com · 7d

A user from r/Minneapolis was among the first to share footage of federal agents shooting Alex Pretti. Following his death, subreddits about football, cats, and embroidery have all rallied against ICE. www.wired.com/story/reddit...

Redditors Are Mounting a Resistance Against ICE

A user from r/Minneapolis was among the first to share footage of federal agents shooting Alex Pretti. Following his death, subreddits about football, cats, and embroidery have all rallied against ICE.

www.wired.com

January 26, 2026 at 7:54 PM

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leon

@leyawn.bsky.social

VOLITION [Easy: Failure] – You wake up in your Hilton suite to a cacophony of whistles and horns. Half drunk and half hungover, you hastily throw on your tactical gear. It feels heavier than you remember. You stumble outside. The cold hits you like a brick. What are you doing here in this dismal city? Home is warm. Home is safe. Home is a thousand miles away. Tucking your shotgun between your legs, you fumble with a tear gas canister like a child learning how to tie their shoes. The gun goes off and you shoot yourself in the balls.

January 26, 2026 at 2:58 PM

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David M. Perry

@lollardfish.bsky.social

you should not share a post that's a screenshot without a link to a news item. you should not share a post that's a video or picture without some kind of sourcing. we're in a new bad era and these are now basic practices.

... also photogs and journos gotta eat so share their work.

January 26, 2026 at 3:04 PM

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Radley Balko

@radleybalko.bsky.social

Why are they sending witnesses to Whipple?

WHY ARE THEY SENDING WITNESSES TO WHIPPLE?

Matt McDermott @mattmfm.bsky.social · 10d

ICE attempted to order local police from the scene of the Minneapolis shooting, but the police chief refused and instructed his officers to preserve the crime scene.

www.startribune.com/ice-raids-mi...

January 24, 2026 at 5:38 PM

homosexual overlord

@coolranchburrito.bsky.social

lived long enough to see the NYT feature a popular protest as it's top story

January 24, 2026 at 12:42 AM

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Acyn

@acyn.bsky.social

CNN: DHS officials have come to FEMA staff and told them to limit the use of the word ice…they are worried that by posting something like, watch out for the ice, that it's going to become a meme….