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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”

TPS for Caribbean Immigrants After the Hurricanes

Under US immigration law, Temporary Protected Status, or TPS, allows undocumented immigrants to remain in the country for a period of time without being deported.  It applies when conditions in a receiving country are too dangerous to justify deportation on account of natural disaster, armed conflict, or other comparable circumstance.

There are lots of reasons why the US should consider TPS for Caribbean countries, based on humanitarian considerations alone.  I outline many of then in a Florida Sun-Sentinel oped, linked here.

But if you’re not convinced that TPS is morally justified, consider the practical benefit. Allowing Caribbean immigrants to stay in the US will actually speed up recovery, and help bring an end to catastrophic conditions on the affected islands.  As I explained in the oped:

TPS helps reverse the very conditions that make deportation so dangerous. Immigrants from TPS countries are permitted to work, and large sums of what they earn are sent back as remittances to their home country. Liberia received upwards of $340 million annually, a full 25 percent of the country’s GDP, before TPS was terminated earlier this year. Remittances to Sierra Leone and Guinea also helped move those countries towards stability, and off the TPS list.

TPS is no easy sell in the current environment.  Haiti is up for TPS renewal this month, following a designation and series of extensions it received after the 2010 earthquake.  The Department of Homeland Security will have the final say, but an influential assessment released last week by the State Department recommended against an additional extension.  If DHS adopts those findings, TPS for Haiti will expire in January 2018.

Nonetheless, a bipartisan group of lawmakers is urging the Trump Administration to grant TPS to Caribbean nations facing a long recovery.  If they succeed, upwards of 500,000 Caribbean immigrants could potentially benefit, as would the islands themselves.

– Kathleen Bergin

Related: Will TPS for Haiti Be Renewed

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