How Trump Can Pressure Congress To Fix The ‘Temporary Protected Status’ Mess

'Temporary Protected Status' has drifted far from the finite relief Congress envisioned into a programmatic and political circus.

End of the road: 200,000 foreign truckers could lose their CDLs as Trump’s rule takes effect



Approximately 200,000 foreign truck drivers will no longer be able to renew their commercial driver’s licenses following the Department of Transportation’s final rule that took effect on Monday.

The DOT’s Federal Motor Carrier Safety Administration announced the final rule, “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses,” in February to prevent “unqualified foreign drivers” from operating big rigs and buses on American roadways.

‘Under President Trump’s leadership, we are putting the safety of the driving public first.’

A press release from the FMCSA noted that in 2025, non-domiciled drivers caused 17 fatal crashes and 30 deaths.

The announcement followed a nationwide audit that found “systemic non-compliance” in the issuance of non-domiciled CDLs in several states.

The final rule’s key provisions include limiting non-domiciled CDLs to foreign nationals with H-2A, H-2B, and E-2 visas. It also terminated Employment Authorization Documents as acceptable proof of eligibility. Additionally, it required state licensing agencies to verify the eligibility of foreign nationals through the Systematic Alien Verification for Entitlements system.

RELATED: Foreigners want to drive a big rig? They'll need more than work authorization papers, Duffy says.

Sean Duffy. Photographer: Ryan Collerd/Bloomberg via Getty Images

Therefore, Deferred Action for Childhood Arrivals recipients, asylum seekers, Temporary Protected Status holders, and those relying solely on work authorization documents are no longer eligible to obtain a CDL.

Foreign nationals who no longer meet these qualifications may continue to drive as long as their current license remains valid. However, they will not be able to renew their licenses once they expire.

RELATED: 'Imminent hazard': Trump administration shuts licensing loophole after illegal alien trucker allegedly causes fatal crash

Photographer: Luke Sharrett/Bloomberg via Getty Images

The Washington Post estimated that the final rule, which took effect on Monday, will impact about 200,000 CDL holders.

“For far too long, America has allowed dangerous foreign drivers to abuse our truck licensing systems — wreaking havoc on our roadways. This safety loophole ends today,” Transportation Secretary Sean Duffy stated during February’s announcement of the final rule. “Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig. Under President Trump’s leadership, we are putting the safety of the driving public first. From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head on.”

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SCOTUS To Hear Arguments On Trump’s Bid To End Temporary Status For Foreign Nationals

The U.S. Supreme Court has agreed to take up a pair of cases centered on a core tenet of President Trump’s deportation policy. The high court announced in an unsigned order on Monday that it will hold oral arguments the second week of the court’s April argument session in Noem v. Doe and Trump v. […]

Activists cry 'racist,' sue to block removal of Somalis' special status



In a 2-1 ruling on Friday, a pair of federal appellate judges appointed by former President Joe Biden blocked the Trump administration from revoking Haiti's Temporary Protected Status designation — a special status that not only shields over 350,000 Haitian nationals from removal but enables them to continue displacing American labor.

Apparently emboldened by the D.C.-based appellate court's ruling, activists have filed a federal lawsuit in hopes of similarly blocking the Trump administration from ending Somalia's special status.

The long, slow goodbye

BlazeTV host Christopher Rufo and investigative reporter Ryan Thorpe highlighted in a damning Nov. 19 report various instances of alleged and confirmed fraud perpetrated by members of the Somali community in Minnesota as well as the alleged direction of stolen taxpayer funds by members of the Somali community to terrorists abroad.

'We are putting Americans first.'

Two days later, President Donald Trump announced that he was terminating the TPS designation for Somalia, stating, "Somali gangs are terrorizing the people of that great State, and BILLIONS of Dollars are missing. Send them back to where they came from. It's OVER!"

Amid multiple investigations into the pervasive fraud within the heavily welfare-dependent Somali community, the Department of Homeland Security announced in January that the crime-ridden East African nation would be stripped of its special status effective March 17.

The DHS advised Somali nationals without legal status apart from TPS to start the process of self-deporting.

Somalia was initially designated for TPS in 1991 based on a determination that there were "extraordinary and temporary conditions" in Somalia preventing its expatriates from returning. This supposedly temporary designation was repeatedly extended over the next three decades.

RELATED: Mullin inherits a mess at DHS. Here’s how he can still save Trump’s legacy.

Photo by ABDISHUKRI HAYBE/AFP via Getty Images

A Jan. 14 notice in the Federal Register pointed out, however, that the situation in Somalia has materially changed and that the country "today shows improved national governance and security structures and now experiences localized pockets of violence rather than nationwide, generalized conflict."

The notice stated further that "requiring Somali nationals to return to Somalia would not pose a serious threat to their personal safety as there are areas within Somalia where Somali nationals may live in safety."

DHS Secretary Kristi Noem stated, "Allowing Somali nationals to remain temporarily in the United States is contrary to our national interests. We are putting Americans first."

The lawsuit

African Communities Together — an activist group that has challenged the Trump administration's efforts to repatriate various temporarily welcomed African migrant groups — joined the California-based Partnership for the Advancement of New Americans and four Somalis in filing a lawsuit on Monday, accusing the administration of violating the Administrative Procedure Act as well as the Fifth Amendment.

The complaint, filed in the U.S. District Court for the District of Massachusetts, downplays Somali criminality in the U.S., claims that the migrants' homeland is not as safe as the U.S. government has said, and states that the status termination was "motivated by racial, ethnic, and national-origin discrimination."

This theme — that the Trump administration and Trump's popular deportation agenda are racist — continues throughout the lawsuit and appears to be based on a presumption of racial animus on the part of the Trump administration.

The lawsuit presumes, for instance, that race was a factor when the administration left protections in place for Ukrainians but not for Somalis and Haitians. The complaint makes no mention of Ukraine's ongoing war with a nuclear power which has so far resulted in over 1.2 million casualties.

"The Trump administration has long embraced an anti-immigration agenda, which includes an objective of eliminating or severely restricting access to TPS for non-white, non-European immigrants," the complaint reads, "targeting them with racist rhetoric and attempting to use any mechanism possible to remove them from the country."

One example of supposedly "racist" commentary cited in the lawsuit was Trump's statement during a Nov. 27 press conference that "Somalians have caused a lot of trouble. They're ripping us off for a lot of money."

The lawsuit also referenced Trump's commentary during a Dec. 2 Cabinet meeting, specifically his statement, "I don't care. I don't want them in our country. Their country is no good for a reason. Their country stinks, and we don't want them in our country. I can say that about other countries too."

In addition to characterizing the administration as racist, the lawsuit complains that without the special status, former TPS beneficiaries will lose employment eligibility and benefits, which supposedly amounts to "severe" harm.

DHS did not respond to Blaze News' request for comment.

The Trump administration announced over the weekend that it intends to pursue an appeal at the U.S. Supreme Court to see through its termination of Haiti's TPS, Reuters reported.

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A Year Into Trump 2.0, Judicial Insurrectionists Reign Supreme

Rogue judges across the country are putting the Constitution through the paper shredder to give their leftist allies the outcomes they want.

9th Circuit Rules DHS Can Ax Temporary Protected Status For 60K Foreign Nationals

'We conclude that the government is likely to succeed on the merits of its appeal either by showing that the district court lacked jurisdiction or by prevailing on plaintiffs’ arbitrary-and-capricious APA challenge.'

‘Vindication’ for Trump administration: Appeals court greenlights end of deportation protections for 90,000



A federal appeals court ruled on Monday that the Department of Homeland Security can end Temporary Protected Status for three countries, marking a significant immigration enforcement victory for the Trump administration.

The 9th U.S. Court of Appeals unanimously determined that the DHS can end deportation protections for roughly 90,000 immigrants from Nepal, Honduras, and Nicaragua.

‘TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades.’

The decision overturned a December order from District Judge Trina Thompson of San Francisco.

“The rule of law demands that when executive officials exceed their authority, they must be held to account,” Thompson wrote, claiming that DHS’ termination of TPS for Nepal, Honduras, and Nicaragua was “unlawful.”

The appellate court found that the lower court erred, stating that the Trump administration is likely to succeed in its argument regarding DHS Secretary Kristi Noem’s decision-making process, adding that the decision was neither “arbitrary nor capricious.”

“Specifically, the government can likely show that the administrative record adequately supports the Secretary’s action, that the TPS statute does not require the Secretary to consider intervening country conditions arising after the events that led to the initial TPS designation, and that the Secretary’s decision not to consider intervening conditions does not amount to an unexplained change in policy,” the appellate court wrote.

RELATED: 'Temporary means temporary': 1,000+ Somalis face deportation after DHS nixes TPS amid massive fraud scandal

SAUL LOEB/AFP via Getty Images

Honduras and Nicaragua joined the TPS program in 1999 after Hurricane Mitch, and Nepal joined in 2015 following a 7.8 magnitude earthquake.

DHS Secretary Kristi Noem responded to the court’s decision in a post on social media, calling it “a win for the rule of law and vindication for the U.S. Constitution.”

RELATED: Trump’s DHS rolls back more of Biden’s immigration handouts for foreign nationals

Photo by JIM WATSON/AFP via Getty Images

“Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation,” Noem continued. “TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades. Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation.”

The Trump administration has moved to terminate TPS for numerous countries as part of its immigration enforcement efforts. TPS protects foreign nationals from deportation when temporary conditions in their home countries, such as ongoing armed conflicts and environmental disasters, prevent their safe return. TPS beneficiaries can obtain employment authorization to work in the U.S. during their stay. There are currently 15 countries designated for TPS.

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We escaped King George. Why do we bow to King Judge?



What do you call an official who claims the final say over the limits of his own power — and everyone else’s? Someone who can slap a “yes” on anything the elected branches do, or a “no” on anything they attempt, and treat his decree as the last word? That kind of power would have shocked America’s founders. In practice, it can exceed anything King George III exercised over the American colonies. Yet we keep granting it to federal judges by treating their overreach as binding even when Congress has said otherwise.

The founders worried most about the branches that wield force and money. The president commands the sword. Congress holds the purse. Both stand for election. Judges do not. Life tenure exists to protect judges while they decide cases, not to hand them an independent mandate to run the country. Judges possess no army and control no appropriations. Their influence depends on the political branches giving lawful effect to their rulings.

No individual right exists to use the courts as a substitute legislature to remain in the country. Judges cannot confer amnesty by injunction.

Those lawful bounds are not mysterious. Congress established the lower federal courts, and Congress defines their jurisdiction. Even the Supreme Court’s appellate jurisdiction is subject to congressional regulation. Article III, Section 2 makes it subject to “such Exceptions, and under such Regulations as the Congress shall make.”

Justice Clarence Thomas put it plainly in Patchak v. Zinke: “When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it.”

Immigration offers the clearest test case because it sits at the heart of sovereignty. Over no issue do the political branches hold more constitutional authority than determining which foreigners may enter and remain.

As Justice Felix Frankfurter wrote in Galvan v. Press (1954), policies on entry and removal are “peculiarly concerned with the political conduct of government,” and Congress’ exclusive control over them has become “about as firmly imbedded in the legislative and judicial tissues of our body politic as any aspect of our government.”

Congress, then, holds plenary authority over immigration policy and sweeping authority over federal court jurisdiction — especially the lower courts. Yet now, every loser district judge routinely grants standing to illegal aliens to challenge detention and removal, even when Congress has restricted review.

RELATED: The courts are running the country — and Trump is letting it happen

cherezoff via iStock/Getty Images

Take Temporary Protected Status. The Ninth Circuit ordered the Trump administration to continue TPS for Venezuelans, despite the Supreme Court staying the original injunction. Another district judge issued a similar mandate for Haitians — 16 years after Haitians received that “temporary” status under President Obama. What often goes unsaid: Congress barred judicial review over TPS determinations. Federal law states, without qualification: “No court shall have jurisdiction to review any determination” of DHS “in granting or withdrawing TPS.” Other provisions restrict review of many deportation-related challenges — limits judges often treat as suggestions.

Over the past year, judges who view themselves as latter-day Martin Luther Kings have used legal fog to hear cases Congress barred, even after signals from the Supreme Court. That brings the Trump administration to its decision point.

Administration officials argue — correctly — that courts lack authority to issue certain orders. But judges have neither force nor will beyond what the executive supplies. The executive’s job includes enforcing the jurisdictional limits Congress enacted. A court that lacks jurisdiction cannot establish it by decree.

If this judicial coup runs to its logical end, any district judge becomes the final arbiter of any political question: grant standing to any plaintiff, announce standing rules that override statutes, take jurisdiction Congress withheld, then command the elected branches to act. That is not the Supreme Court’s role, let alone a trial judge’s.

It also outstrips anything King George could do at the founding. He needed Parliament for matters like citizenship. We are now told a judge can dictate immigration policy regardless of the law.

Waiting on the Supreme Court to clean up the mess is a fool’s errand. District judges return with a slightly modified case and restart the process. During Trump’s first term, an immigration lawyer summed up the strategy: “May a thousand litigation flowers bloom.”

The numbers tell the story. In Minnesota alone, federal court sees an average of one habeas petition filed every hour. A judge even ordered a previously deported alien brought back. These petitions do not claim Immigration and Customs Enforcement mistakenly detained U.S. citizens. They aim to use courts to stall enforcement in bulk.

RELATED: The imperial judiciary strikes back

Moor Studio via iStock/Getty Images

Finality binds parties in cases; it does not bind the political branches into permanent policy submission. Lincoln drew that distinction in his 1858 debates with Stephen Douglas. Courts may decide individual cases. But if courts try to turn those decisions into national political rules, elected officials should not treat them as binding “political rules” that forbid any measure that does not “concur” with a judicial decision.

Lincoln practiced that view as president. His attorney general, Edward Bates, explained the judiciary’s proper scope: Judicial power is ample for justice “among individual parties,” but “powerless to impose rules of action and of judgment upon the other departments.”

Applied to immigration, the point is simple: No individual right exists to use the courts as a substitute legislature to remain in the country. Judges cannot confer amnesty by injunction. Congress has not passed a legislative amnesty in four decades for a reason: It requires majorities in both houses and the president’s signature, and the politicians who vote for it must face the voters. Yet the current judicial pattern grants amnesty through procedure — without hearings, without votes, and without accountability. Life tenure was designed for the opposite purpose.

No shortcut exists. The political branches must stop treating lawless judicial opinions as if they carry the force of law — especially when those opinions ignore statutes, exceed jurisdiction, and attempt to seize control of core sovereign functions.

'Lawless activism': Foreign-born Biden judge strikes again, protects Haitians from removal



U.S. District Judge Ana Reyes — a foreign-born, Biden-appointed, lesbian judge who previously worked as a lawyer to fight the first Trump administration's immigration policy and helped the U.N. secure asylum for so-called refugees — obliged her fellow immigration activists on Monday, blocking the revocation of Haiti's Temporary Protected Status.

That status, which Haitian migrants have enjoyed since January 2010 and over 352,000 Haitian migrants enjoy today, was set to expire on Tuesday. Without Reyes' intervention, the Trump administration would have been able to immediately repatriate many of those Haitians who have strained citizen resources and displaced American labor in cities such as Springfield, Ohio.

'Temporary means temporary.'

Reyes, a Uruguayan native, claimed, however, that Homeland Security Secretary Kristi Noem not only violated the Administrative Procedure Act and the Fifth Amendment's due process clause when terminating the TPS designation for Haiti but had likely done so "because of hostility to nonwhite immigrants."

Much of Reyes' Monday ruling in the class-action lawsuit reads like a piece of immigration activist agitprop.

In addition to characterizing Haitian TPS holders as valuable contributors to American society and some class members' removal back to Haiti as "devastating because they have no meaningful ties to the country," Reyes questioned why it was necessary to let the status expire now:

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 health care system. Her answer? Turn the insured into the uninsured. This approach is many things — in the public interest is not one of them.

The foreign-born judge suggested further that while the Trump administration "contends that, at most, the harms to Haitian TPS holders are speculative," the State Department has issued travel advisories to Americans warning of the threats of kidnapping, crime, and civil unrest in the third-world nation.

RELATED: Trump administration halts visas for 75 nations whose people gobble up American welfare

Photo by REBECCA NOBLE/AFP via Getty Images

Noem determined last year after reviewing country conditions and consulting with the appropriate government agencies that the island nation no longer met the conditions for a TPS designation.

Reyes, the same judge who tried unsuccessfully last year to torpedo the War Department's ban on transvestites in the military, makes no secret of her animus toward the American-born DHS secretary throughout her ruling, using her conclusion, for instance, to cast Noem as a cold-hearted ignoramus.

"Secretary Noem, the record to-date shows, does not have the facts on her side — or at least has ignored them," wrote the Biden judge. "Does not have the law on her side — or at least has ignored it."

Reyes' fellow activists celebrated her ruling.

"This was the right decision. There is no evidence that the Trump administration took the time to make a clear-eyed assessment of the risks these families would face back in Haiti before moving to revoke TPS," Carol Rose, executive director of the ACLU of Massachusetts, said in a statement obtained by GBH News. "On the contrary, the revocation appears to have been driven by racial animus and political ideology."

"We can breathe for a little bit," Rose-Thamar Joseph, operations director of the Haitian Support Center in migrant-overwhelmed Springfield, Ohio, told the Associated Press.

DHS Assistant Secretary Tricia McLaughlin said in response to the ruling, "Supreme Court, here we come."

"This is lawless activism that we will be vindicated on," continued McLaughlin. "Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades."

"Temporary means temporary, and the final word will not be from an activist judge legislating from the bench," added McLaughlin.

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