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Trump’s Being Sued Over Terminating TPS for Haiti. Here’s Another Way To Argue That Case

The Trump Administration will have to defend its decision to end Temporary Protected Status for Haiti in court. The NAACP’s Legal Defense and Education Fund brought suit last week, maintaining that the Department of Homeland Security had no legitimate reason to end TPS, but did so out of discriminatory bias towards Haitian immigrants.

I won’t use this space to recite the tirade of reprehensible slurs coming from the White House. They’re outlined in the Complaint, and summarized by Jacqueline Charles at the Miami Herald.

The LDF bases it’s claim on the equal protection component of the 5th Amendment’s Due Process Clause.  The best chance of winning will come if LDF can show that Trump’s prejudices steered the outcome over at DHS.  ConLawProf blog explains a couple nuances on how the case might proceed.

Putting aside the constitutional question, though, it’s possible that DHS violated the TPS statute.  DHS ended TPS citing progress Haiti had made recovering from the 2010 earthquake. But under the statute, DHS should have assessed whether additional conditions, unrelated to the earthquake, created an intolerable risk of harm for returning immigrants.

Framing the DHS decision as a statutory violation has strategic benefits because questions of subjective intent and causation that arise in constitutional cases are notoriously hard to prove. And however solid the record, a judge could bristle at having to call out a President for intentional bias.  But those concerns are not an issue under the statute. The goal is simply to figure out what the language requires, and ask whether DHS followed the rules. Based on what we know so far, there’s a good chance it didn’t.

Here’s how the statute works.

Continue reading “Trump’s Being Sued Over Terminating TPS for Haiti. Here’s Another Way To Argue That Case”

Will TPS For Haiti Be Renewed: Three Things To Know

Image result for save tps haiti images
Seven days. 

The Department of Homeland Security will decide by November 23 whether 59,000 Haitians who benefit from Temporary Protected Status, or TPS, will be allowed to stay in the United States, or will be forced to return to a country that is incapable of taking them back.

Haiti was initially granted TPS in 2010, following a catastrophic earthquake that, according to government figures, killed up to 300,000 people and displaced more than a million.  TPS was reauthorize several times after that, following a record breaking Hurricane and cholera epidemic introduced by UN peacekeepers.  Hurricanes Irma and Maria compounded the damage from all of this.  

Conventional wisdom says that TPS for Haiti won’t be renewed past its expiration on January 22. Here’s why:

Last week DHS declined to extend TPS for Nicaragua, which, like Haiti, is perpetually hammered by natural disasters. In October, the State Department called for an end to TPS in Haiti and several Central American countries.  And last May, then DHS Secretary John Kelly reluctantly granted Haiti a 6 month extension, warning Haitian immigrants to use that time to “handle their affairs,” and arrange departures from the U.S.

A handful of lawmakers from both sides of the aisle who support TPS see where this is headed.  They’ve pressed DHS for an extension, and introduced bills to provide TPS beneficiaries with Permanent Residency and a path to citizenship.  But they’re up against a Trump Administration bent on banning most immigrants from entering the country, and expelling those who are already here.      

I understand it looks bad.  However, none of these factors, definitively at least, closes the door on TPS for Haiti.  To keep things in perspective, here are three things you should know.

1.  Nicaragua Didn’t Comply With The TPS Statute, But Haiti Did

Under the governing statute, TPS is permitted when conditions in an immigrant’s home country make it too dangerous to return.  But in cases that involve an environmental disaster, DHS cannot authorize TPS unless the nation at issue requests it.

Continue reading “Will TPS For Haiti Be Renewed: Three Things To Know”

How To Topple A Building

How to topple a building: mix extra sand into the concrete so the cinder blocks are more filler than stone, and skip the rebar all together.

That’s how buildings were constructed in Kathmandu, Port au Prince, Izmir, and any of a dozen cities like them, and why earthquakes there were so deadly.

It’s not for lack of knowledge or building codes. These places had both. What they didn’t have was political or social stability, which made it easy to ignore the lives of poor people whenever money could be made.

Greedy contractors and corrupt public officials are certainly to blame. But look deeper and the fault lines start to blur. Maybe the building inspector took a bribe because he didn’t earn enough money to feed his own family. Or the migrant who came looking for work entered the lease even after hearing that the building next door collapsed a few nights before seemingly out of no-where. But really, what choice is there when all the buildings are the same? When this is all you can afford because the little money you make goes back to the family you left behind in the village stricken by drought.  “Structural defects” describe more than the buildings in some of these places.

So, when the earthquake hits, the buildings fall down. Hard and fast. And lots of people die. In a moment.


This is what I fell asleep thinking about last night. So you can imagine my surprise when the boys and I happened upon an “earthquake exhibit” at the Science Center this morning. No kidding! The exhibit lets you construct a building out of little blocks on top of a platform that shakes when you turn it on. So here’s a clip of the two buildings we made. We used plastic spokes as rebar in the building on the left, and no rebar in the one on the right. See if you can count how long the one without rebar remained standing after we turned the machine on at the 4 second mark.
-Kathy Bergin

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