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Case Name National Association for the Advancement of Colored People v. U.S. Department of Homeland Security IM-MD-0008
Docket / Court 1:18-cv-00239-MJG ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Attorney Organization NAACP Legal Defense Fund
Case Summary
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 ... read more >
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.

The case was reassigned to Judge Deborah K. Chasanow on July 24, 2018.

This case is ongoing.

Ava Morgenstern - 04/21/2018
Virginia Weeks - 07/25/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Discrimination-basis
National origin discrimination
Race discrimination
General
Racial profiling
Immigration/Border
Constitutional rights
Cuban/Haitian entrant
Deportation - criteria
Employment
Status/Classification
Temporary protected status
Work authorization - criteria
Work authorization - procedures
National Origin/Ethnicity
Other
Plaintiff Type
Non-profit NON-religious organization
Race
Black
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Mandamus, 28 U.S.C. § 1361
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Civil rights organization
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Additional Resources
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  New Lawsuit Filed Against U.S. Department of Homeland Security in Response to Removal of Temporary Protective Status for Haitian Immigrants
http://www.naacpldf.org
Date: Jan. 24, 2018
By: NAACP LDF
[ Detail ] [ External Link ]

Docket(s)
1:18-cv-00239-MJG (D. Md.)
IM-MD-0008-9000.pdf | Detail
Date: 01/25/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-MD-0008-0001.pdf | Detail
Date: 01/24/2018
Source: PACER [Public Access to Court Electronic Records]
Preliminary Statement [ECF# 30]
IM-MD-0008-0002.pdf | Detail
Date: 04/17/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Garbis, Marvin J. (D. Md.)
IM-MD-0008-9000
Plaintiff's Lawyers Asaka, Anson (Maryland)
IM-MD-0008-0001
Audain, Raymond (New York)
IM-MD-0008-0001 | IM-MD-0008-0002
Berry, Bradford (Maryland)
IM-MD-0008-0001
Craine, Khyla Danielle (Maryland)
IM-MD-0008-0001 | IM-MD-0008-9000
Ifill, Sherrilyn (New York)
IM-MD-0008-0001 | IM-MD-0008-0002 | IM-MD-0008-9000
Johnson, Kristen (New York)
IM-MD-0008-0002
Lee, Jin Hee (New York)
IM-MD-0008-0001 | IM-MD-0008-0002
Louard, Janette (Maryland)
IM-MD-0008-0001
McClellan, Cara (New York)
IM-MD-0008-0001 | IM-MD-0008-0002 | IM-MD-0008-9000
Merle, Natasha C. (New York)
IM-MD-0008-0001 | IM-MD-0008-0002
Nelson, Janai S. (New York)
IM-MD-0008-0001 | IM-MD-0008-0002
Quereshi, Ajmel (District of Columbia)
IM-MD-0008-0001 | IM-MD-0008-9000
Ross, Deuel (New York)
IM-MD-0008-0001 | IM-MD-0008-0002
Spital, Samuel (New York)
IM-MD-0008-0001 | IM-MD-0008-0002

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