On Jan. 24, 2018, the NAACP filed this lawsuit against the U.S. Department of Homeland Security (DHS) in the U.S. District Court for the District of Maryland. Represented by its own counsel, the NAACP challenged DHS's Nov. 2017 revocation of Temporary Protected Status (TPS) for Haitians living in ...
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On Jan. 24, 2018, the NAACP filed this lawsuit against the U.S. Department of Homeland Security (DHS) in the U.S. District Court for the District of Maryland. Represented by its own counsel, the NAACP challenged DHS's Nov. 2017 revocation of Temporary Protected Status (TPS) for Haitians living in the United States. Plaintiff alleged that defendant violated the Due Process Clause and Equal Protection Clause of the Fifth Amendment (by relying on stereotypes based on race and national origin to deprive Haitians of rights). Plaintiff sought mandamus (for defendant to carry out the INA's procedures for reviewing TPS) and a declaratory judgment.
Under the Immigration and Nationality Act (INA), the Secretary of Homeland Security may find that a country's conditions temporarily prevent its nationals from returning safely, or that the country is unable to adequately handle the return of nationals. In such a situation, the Secretary may grant TPS to these nationals for six to 18 months, with a possible extension following a review of country conditions. TPS allows recipients to remain and work legally in the United States.
Defendant had initiated TPS for Haitians following the devastating Jan. 2010 earthquake in Haiti. After each 18-month period since then, defendant had reviewed the program, determined that Haitian nationals could not yet return safely (due to severe safety, health, housing, and infrastructure problems, exacerbated by subsequent hurricanes), and extended the program.
This policy, however, ended with defendant's termination of TPS for Haitians in Nov. 2017. Plaintiff argued that defendant's decision to end the program was not based on a change in conditions in Haiti, but rather on racially discriminatory stereotypes of Haitians. These stereotypes appeared in President Trump's remarks disparaging Haitians, and defendant's alleged search for evidence of Haitians' criminality and welfare dependence.
The case was assigned to Judge Marvin J. Garbis.
On Apr. 17, plaintiff filed an amended complaint, adding two other organizational plaintiffs that advocate for Haitians living in the U.S.
This case is ongoing.
Ava Morgenstern - 04/21/2018
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