Legal AF by MeidasTouch - Trump Plan Hits Brick Wall After Federal Judge Steps In
Episode Date: April 3, 2025A California federal judge, citing Trump’s and Kristi Noem’s statements showing illegal hatred and prejudice against the Venezuelan people, has entered a Nationwide Injunction to stop the deportat...ion of Venezuelans here legally under Biden’s extension of their Temporary Protected Status, finding that if they are returned to their unsafe country that Trump declared to be controlled by drug terrorist gangs, they may face certain death. Michael Popok explains how Noem’s and Trump’s own statements of hatred were used by the judge to support his ruling, including the infamous “they are eating our cats and dogs” debate statement by Trump. Head to https://www.fast-growing-trees.com/collections/sale?utm_source=podcast&utm_medium=description&utm_campaign=legalaf right now to get 15% off your entire order with code LegalAF! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices
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Okay, flights on Air Canada. How about Prague?
Ooh, Paris. Those gardens.
Gardens. Um, Amsterdam. Tulip Festival.
I see your festival and raise you a carnival in Venice.
Or Bermuda has carnaval.
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You want colorful. Thailand. Lantern Festival. Boom.
Book it. Um, how did we get to Thailand from Prague?
Oh, right. Prague.
Oh, boy.
Choose from a world of destinations, if you can.
Air Canada, nice travels.
We have a federal judge in San Francisco that finds that the decision by the Trump administration
and the Homeland Security Director, Christine Noem, is so infected by prejudice and animus
towards the Venezuelan people living in America lawfully
under temporary protective status, that Gnome's decision to end the temporary protective status
for over 350,000 law-abiding, hard-working, tax-paying Venezuelans living under our good
graces here in the United States needs to be reversed and blocked and enjoined
and a nationwide injunction to stop it in its tracks. That's the ruling that we just received
out of San Francisco from Edward Chen. I'm Michael Popak, Euron Legal AF and the Midas Touch Network.
Let me get to the new order and why it is so important. First of all,
let me give you the highlights. It's a nationwide injunction. It applies to all Venezuelans living
here under temporary protective status. It could, by extension, also one day apply to the millions
of people who are here from 17 different countries under temporary protective status, a program
in which the United States spreads
its wings of grace and allows people to remain in this country if where they are from is
wracked by civil strife or by natural disaster.
That sums up Venezuela since the Maduro regime started in 2013.
Seven million Venezuelans have fled the country. In
fact, talking out of both sides of their mouth, the Trump administration says on
one hand that the Venezuelan government and Maduro have been completely
corrupted and have been completely taken over by a criminal drug narco gang
called Trende Aragua, the TDA group that they're sending off by kidnapping,
deporting without due process to El Salvador. And yet on the other hand, they're saying,
things are fine now in Venezuela, no more civil strife, everybody can go home,
no more need for temporary protective status. The other thing the judge ruled in his 70 plus page opinion is that Christine Noem and no Homeland Security Director or Secretary
has the inherent ability to revoke an extension of TPS,
temporary protective status
that was given by a prior Homeland Security Director.
Mayorkas for Biden extended this on the way out. It was supposed to
last for an almost another year. She says, well, I'm just gonna revoke it. That's
not what the statute says. Doesn't say you have the inherent authority to do
that. And more fundamentally, because of the animus and the hatred and the
discrimination out of Kristi Noem's own mouth, out of Donald Trump's own mouth,
which are recited in the in the filing,
the judge found it is likely, it is likely now at this juncture that the plaintiffs have
proven that they will succeed on a violation of the Administrative Procedures Act because
this move was arbitrary and capricious, racked and infected by animus and hatred, and that
it therefore violated the equal protection clause
of our constitution,
because their equal rights were violated.
Why are they picking on the Venezuelan community?
I live in Florida.
There is a beautiful, hardworking, nurturing,
contributing group of Venezuelans
that have been here for years in the South Florida area. They've been here for,
I mean, they joked that there's sections of Weston, Florida. They used to call it Weston-Suela.
They're now in a large group in Doral, which is where Donald Trump's golf course is,
the Blue Monster. They call that Doral-Suela. And the judge spent time reciting evidence from the amicus briefs that were filed, that
these hardworking Venezuelans are, as compared to the regular American general population,
have more college degrees, work harder, pay more taxes, and commit less crime than anybody
else.
This conflation of hardworking, honest Venezuelans who just want to get
the American dream and had a temporary protective status, not here illegally, not
here undocumented, not members of a drug gang, but just want the American dream
that my grandparents wanted and obtained. So there's plenty of evidence
that they are not criminals, they are not the drug gang that is being deported with much fanfare.
But let me read to you from the judge's opinion in a couple of key spots.
I'll give you the summary and then I'll give you the statements made by Kristi Noem and
Donald Trump that the judge relied on to show that it's likely that equal protection of
the Constitution
has been violated for these Venezuelans living here.
This is what Judge Chen wrote on page one.
At issue is whether this court should temporarily
postpone actions by Kristi Noem,
the Secretary of the Department of Homeland Security,
taken against over 600,000 Venezuelan nationals
who have legal status.
Let me emphasize that again.
They have legal status. Let me emphasize that again. They have
legal status to reside and work temporarily in the U.S. The Secretary's action will shortly strip
nearly 350,000 of these residents of their protection this week under the Temporary
Protected Status Program, TPS, subjecting them to possible imminent deportation back to Venezuela, a country so
rife with economic and political upheaval and danger that the United States State Department
has categorized Venezuela as a level four do-not-travel country due to the high risk
of wrongful detentions, terrorism, kidnapping, the arbitrary enforcement of local laws, crime,
civil unrest, poor health
infrastructure, etc.
That's from the State Department website.
Putting aside for a minute the emphasis by Donald Trump for his executive order about
using the Alien Enemies Act of 1789 that Venezuela has effectively been taken over by organized
crime.
The judge continues on page one, the unprecedented action of vacating existing temporary protective
status, a step never taken by any previous administration in the 35 years of the TPS program,
initiated just three days after Secretary Noem took office, reverses actions taken by the Biden
administration to extend TPS to Venezuelan nationals that have been in
place since 2021. Page two, although the secretary's actions appear predicated on negative
stereotypes casting class-wide aspersions on their character, insinuating the judge said
that they were released from Venezuelan prisons and mental health facilities and imposed huge financial burdens on local communities.
Oh, I wonder where he got that from.
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Trump always talks about Mexicans and Venezuelans and people from Central and South America as
being in this country because they used to be in gangs that they let the prisons out in those
countries and the mental hospitals out in those countries. That's how he sees people,
including his own voters, that vote for him that are black, brown, white, Hispanic. The judge continues,
the undisputed record establishes that Venezuelans TPS beneficiaries, listen to
these stats, in fact have higher education attainment than most US
citizens. Stop for a minute there. 40 to 54 percent of Venezuelans here on TPS
have a bachelor's degree in college. Can't say the same for Americans, unfortunately.
They have higher labor participation rates, meaning they work more. 80 to 96 percent work
in the workforce, earn nearly all their personal income, 96%, and annually contribute
billions of dollars, billions of dollars to the US economy.
They make their money here, they pay their money here, and pay hundreds of millions,
if not billions, in Social Security taxes.
They also have lower, listen to this, lower rates of criminality than the general US population.
That's the group that Kristi Noem is saying is disgusting, is depraved, and must go, and
they're, you know, I'll read for you for some of the comments from Kristi Noem, which the
judge then recites.
Therefore the judge has granted the motion
and imposed a injunction.
Here's what he says on page three.
For the reasons stated below,
the court finds that the secretary's actions
threatened to inflict irreparable harm
on hundreds of thousands of persons
whose lives, families, and livelihoods
and will be severely disrupted,
cost the United States billions in economic activity,
and injure public health and safety in communities throughout the U.S. At the same time,
the government has failed to identify any real countervailing harm in continuing TPS for
Venezuelan beneficiaries. Plaintiffs have also shown they will likely succeed in demonstrating
that the actions taken by the secretary are unauthorized by law, arbitrary and capricious,
and motivated by unconstitutional animus.
In particular, let me read to you for what the judge says
is that particular animus.
Here's what the statements are.
Judge says on page 63, animus and stereotypes
based on national origin and or race trigger strict scrutiny by a court.
And here's the comments.
Discriminatory statements by Secretary Noem.
You know, Ice Barbie, she says, I got to get the scum off the streets.
You know, talking about Venezuelans.
Here we go.
A social media post from February 28th, 2024,
where Noam said, Venezuela didn't send us their best.
They emptied their prisons and sent criminals to America.
That's a lie.
Deportations need to start on day one
of President Trump's term in office.
Testimony during her January 15th confirmation hearing. The TPS program has been abused and
manipulated by the Biden administration. The program was intended for temporary,
to be temporary and this extension of over 600,000 Venezuelans as well as alarming when
you look at the different states including Colorado with gangs doing damage and harming
the individuals in the people that live there.
Here's the dirt bag comment coming up. January 29, 2025, she gave an interview on Fox News.
Today we signed an executive order within the Department of Homeland Security in a direction
that we're not going to follow through on what he did to tie our hands talking about Biden,
including the Venezuelans that are here
and members of TDA, the drug gang.
Listen, I was in New York City yesterday
and the people of this country want these dirt bags
conflating all Venezuelans,
including you that live in Doral, Florida,
all Venezuelans as dirt bags.
Secretary Noem called Venezuelans dirt bags
when announcing her decision.
That's the headline.
Um, Trump is also cited for his statements.
January 12th, 2018, showing animus.
President Trump stated about people from Haiti, El Salvador, and African countries
that are being protected under the TPS program.
Why are we having all these people from shithole countries come here? He then suggested the United States instead
should bring in more people from Norway. He called them animals. He said that
they're coming from these unbelievable places, coming out of
prisons and jails, that they're eating their cats, that they're eating their pets. Judges had enough, so have I.
Nationwide injunction, he gave the plaintiffs an additional time to file another motion
for stay, which will likely be granted, addressed to other people like the Haitian community,
another strong and proud community here in South Florida.
These are the things you need to remember at the time of the elections, folks.
If this is the country that you want to wake up in,
if this is the type of anti-patriotism,
of violation of equal protection,
calling people who are contributing to our society,
including billions of dollars in tax revenue,
and calling them shitbags and dirtbags and depraved,
and the rest, then you've woken up in the Trump
America. If you want to fight back, do it by starting here. We talk truth to each other first
before we talk truth to power. I'm Michael Popock and you're on Legal AF and the Midas Touch Network.
In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel.
Help us build this pro-democracy channel
where I'll be curating the top stories, the intersection of law and politics. Go
to YouTube now and free subscribe at Legal AF MTN. That's at Legal AF MTN.