“Article III of the U.S. Constitution authorizes courts to exercise 'neither FORCE nor WILL but merely judgment.” Not for the first time, however, the district courts below exercised lots of will and little judgment."
Texas Insider Report: AUSTIN, Texas – U.S. Sen. Ted Cruz (R-Texas), Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, filed an amicus brief urging the Supreme Court to reverse multiple lower district court rulings that blocked the termination of Temporary Protected Status (TPS). The amicus brief defends the Trump administration’s termination of TPS for Haiti and Syria under the Immigration and Nationality Act.
Excerpts from the amicus brief are below, and the full text of the brief can be viewed here.
“Article III of the U.S. Constitution authorizes courts to exercise 'neither FORCE nor WILL but merely judgment.” Not for the first time, however, the district courts below exercised lots of will and little judgment.
“These cases are about the INA’s Temporary Protected Status (“TPS”) program. Under the TPS program, the Secretary of Homeland Security “may designate a foreign state” for TPS only if the Secretary finds one of three types of conditions satisfied, including a catchall for “extraordinary and temporary conditions in the foreign state that prevent aliens … from returning to the state in safety, unless the [Secretary] finds that permitting the aliens to remain is not in the national interest of the United States.’
“Despite two stays from this Court, district courts have repeatedly blown past this bar on judicial review and stayed recent TPS terminations, including the terminations at issue here. In doing so, district courts have inserted themselves deep into questions of foreign affairs and national security, and substituted their views of the “national interest” for those of the Executive Branch.”
