A Uruguayan-born judge appointed by President Joe Biden has invented a novel excuse to block President Donald Trump from terminating Biden’s award of Temporary Protected Status (TPS) to 350,000 illegal-migrant Haitians. The text of the TPS quasi-amnesty law bars judges’ intervention in TPS decisions by saying “There is no judicial review of any [TPS] determination.” But Judge Ana Reyes, an immigrant and a Harvard graduate, claims that she is still allowed to review the process of the TPS determination:
the word “any determination” captures all determinations the Secretary may make—whether to expand, designate, or terminate—but it does not capture the process by which she reaches that determination.
