In November of 2017, NIPNLG and Professor Margaret Satterthwaite of the NYU School of Law filed a FOIA request with the DHS, seeking records pertaining to the termination of Temporary Protected Status (TPS) for Haiti. After DHS failed to produce responsive records, we filed a FOIA lawsuit in the U.S. District Court for the Southern District of New York. In response, DHS and the Department of State (DOS) produced documents presented to then-Secretary of State Rex Tillerson and Acting Secretary of Homeland Security Elaine Duke in November of 2017. DHS also produced email exchanges between DHS and DOS officials.

Noteworthy among these documents is a memo produced by USCIS that describes in detail the extraordinary country conditions that remain in Haiti and make it unsafe for Haitian nationals to return. The DHS decision to terminate TPS for Haiti is manifestly contrary to the evidence reflected in this document. The parties are continuing to litigate the FOIA request and expect further document releases in coming weeks.