Federal judge says substantial evidence Kristi Noem promoted racist theory to strip immigrants of protected status
Source: Law & Crime
Jan 2nd, 2026, 11:05 am
A California federal judge on New Year's Eve bashed DHS Secretary Kristi Noem for deciding in a "pretextual" way that some 60,000 Honduran, Nepali, and Nicaraguan immigrants should be stripped of Temporary Protected Status (TPS), finding it "plausible" that "racial animus" explains the "arbitrary and capricious" behavior.
U.S. District Judge Trina Thompson, a 2022 appointee of then-President Joe Biden, began her Wednesday partial summary judgment ruling against the Trump administration by noting, "Unilateral power has never been American." At the end of the ruling, the judge likewise emphasized that President Donald Trump "is not above the law" quoting the Supreme Court's 2024 immunity decision in Trump v. United States and "Neither are his cabinet officials," such as Noem.
"The rule of law demands that when executive officials exceed their authority, they must be held to account. The Administrative Procedures Act [APA] ensures government accountability by making agencies transparent, require public participation, setting fair rulemaking standards, and allowing courts to review actions for legality and rationality," Thompson said. "Our laws should not favor the loud and powerful simply because of their positions. Yet, for too long, our laws have overlooked the quiet truthstruths carried in the margins, truths lived but never spoken aloud."
The judge said Noem's move to terminate TPS for Honduran, Nepali, and Nicaraguan immigrants was "arbitrary and capricious" under the APA because the DHS secretary was more concerned with outcomes than complying with the law.
Read more: https://lawandcrime.com/high-profile/they-must-be-held-to-account-federal-judge-says-theres-substantial-evidence-kristi-noem-promoted-racist-theory-to-strip-immigrants-of-protected-status/
Full headline: 'They must be held to account': Federal judge says there's 'substantial evidence' Kristi Noem promoted 'racist' theory to strip immigrants of protected status
Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.cand.452397/gov.uscourts.cand.452397.197.0.pdf
Faux pas
(16,160 posts)and with gladness the inhumanes are getting outed.
AllaN01Bear
(28,581 posts)MarineCombatEngineer
(17,634 posts)he may give them fed. immunity, but he can't give them state immunity, and I hope each and every state empanels GJ to either indict or no bill these criminals.
Initech
(107,370 posts)Kristi Noem is a racist psychopath, that's all you need to know.
muriel_volestrangler
(105,541 posts)If they wanted to revoke TPS, they should have tried to argue that the countries concerned were nice places that everyone could return to without danger or risk to health. Just being racist about the inhabitants won't cut it.
AllaN01Bear
(28,581 posts)C Moon
(13,456 posts)I think the reason Elon is back on the trump train is because he was told trump wasn't going to last much longer.
I expect we'll see or hear of Elon talking to and chumming it up with the Vance soon.
IbogaProject
(5,596 posts)That slippery slope started with the War on Some Drugs in Select Communities and it has carried on with the Patriot Act.
cannabis_flower
(3,917 posts)He often tells me news but isnt right about it. A few days ago he told me he was getting his work permit back. He said it was because there was a new president in Honduras that Trump liked. Well he gets his work permit back (but for how long) but it was because of a court and not what he said.
flvegan
(65,748 posts)Linda Ed
(517 posts)A Utah-based federal judge has orderd the Trump administration to facilitate the return of a man who administration officials acknowledge was deported in violation of a court order.
storage.courtlistener.com/recap/gov.us...
ProudMNDemocrat
(20,602 posts)With prejudice, ICE, ICE Kristi is doing the same to people from other countries. By declaring that those fleeing horrible and violent conditions, DO NOT deserve a protected status.
May this woman suffer the fires of hell when it comes her turn to be judged by God, who made the very people seeking a better life in His image.
orangecrush
(28,242 posts)FadedMullet
(683 posts).......the free lance cowboys of the Trump administration start getting their "comeuppance". Kash, I mean you in particular.