Rep. Ilhan Omar’s response to President Trump’s announcement on ending Temporary Protected Status (TPS) for Somali nationals in Minnesota illustrates a familiar pattern in the political fight over immigration: rhetoric overtaking legal reality.
At a November 24 press conference in St. Paul, Omar dismissed Trump’s declaration as “lawless,” insisting that “the president has no authority to terminate TPS for Somalis in Minnesota,” adding that “even eighth graders know this.”
But despite her confidence, her interpretation of the law is significantly off the mark.
The Law Is Clear: DHS Controls TPS Decisions — And That’s Trump’s Administration
Under the Immigration and Nationality Act of 1990, the authority to designate, extend, or terminate TPS does not sit with Congress, nor with governors, nor with individual states — and not even with the president directly.
It rests with the Secretary of the Department of Homeland Security.
That means one thing:
The president cannot personally “terminate TPS” by tweet —
but he can direct his DHS Secretary to initiate the termination process.
And DHS, under President Trump, is legally empowered to do exactly that.
DHS Secretary Kristi Noem publicly confirmed this point the day after Trump’s announcement: TPS for Somalia would be reviewed on a national basis in accordance with federal law — not through a Minnesota-only carveout and not via a presidential whim.
That process includes:
A DHS-led assessment of conditions in Somalia
A formal notice period (typically 60 days)
Publication in the Federal Register
A national application (TPS cannot be terminated for one state only)
In other words: Trump’s tweet did not itself change policy — but it directed the agency that legally holds the authority to begin the process.
Omar’s Claim of “No Authority” Overlooks This Distinction
Omar framed Trump’s announcement as a constitutional overreach, implying he had attempted to single-handedly revoke TPS by proclamation.
But the administration never argued that a tweet itself carried legal force.
It simply communicated the policy direction DHS was already empowered to execute.
Her argument also sidesteps another reality:
TPS for Somalia protects fewer than 1,000 people nationwide — roughly 300–500 in Minnesota.
The vast majority of Somali Minnesotans, including Omar herself, are U.S. citizens or permanent residents who would not be affected.
What Omar Also Did Not Address: The Fraud Fallout
Instead of engaging the context behind Trump’s directive — intensifying federal fraud investigations involving dozens of Somali-led organizations in Minnesota — Omar redirected the conversation to identity politics, insisting Somalis “make America better” and denouncing criticism as xenophobic.
But Trump’s move was tied directly to mounting federal cases, including the $250 million Feeding Our Future scandal, the largest welfare fraud prosecution in U.S. history.
Omar did not address these cases substantively at the press event.
The Bottom Line
✔ Trump cannot personally “cancel TPS” with a tweet.
✔ DHS can terminate TPS — and DHS works for the president.
✔ Omar’s claim that Trump “has no authority” ignores the actual legal structure.
✔ The administration is correct that TPS decisions are DHS matters, not presidential speeches.
✔ The legal process continues regardless of public statements from either side.
Political messaging may frame TPS as a moral crusade, but the law is straightforward — and in this case, Omar’s critique misrepresents how the system actually works.
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