Federal judge says substantial evidence Kristi Noem promoted racist theory to strip immigrants of protected status

[BumRushDaShow]

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 truths—truths 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/

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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]

1. Kicking with DISGUST

and with gladness the inhumanes are getting outed.

[AllaN01Bear]

5. ding. this.

[MarineCombatEngineer]

2. The walls are starting to close in on Trumpedo's cabinet appointees,

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]

3. Welllllllllll duh!

Kristi Noem is a racist psychopath, that's all you need to know.

[muriel_volestrangler]

4. Hoist by their own rhetoric

"The statements of the Secretary and other officials in the administration which repeatedly characterize immigrants as invaders upsetting the foundation of the country perpetuates the racist 'replacement theory' which stands for the idea that non-white immigrants will 'replace' the white race and undermine the nation's 'white' foundation," the order went on. "The President and Secretary's policies and policy goals—including the decisions to terminate TPS—promote the debunked and racist 'replacement theory.'"

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]

6. ding, this.

[C Moon]

7. Nothing will happen to these people until we control both houses.

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]

8. Giving broad deference to Law Enforcement was a mistake

That slippery slope started with the War on Some Drugs in Select Communities and it has carried on with the Patriot Act.

[cannabis_flower]

9. My husband is one of those 60,000 TPS holders

He often tells me news but isn’t 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]

10. "...they must be held to account." Cool story, now do it. n/t

[Linda Ed]

11. Flip both houses of Congress so we can defund ICE please.

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...