Federal Court Declines to Throw Out Lawsuit Alleging Numerous Violations of Law, as well as Racial Animus in Trump Decision to End Temporary Protected Status (TPS) for Haitian Nationals

FOR IMMEDIATE RELEASE

November 13, 2018

Contact:
Sejal Zota, (617) 227-9727‬, szota@nipnlg.org
Ira Kurzban, (305) 992-3356
Steve Forester, (786) 877-6999

(Boston, MA) – Today a federal judge in the Eastern District of New York ruled that a lawsuit challenging the Trump Administration’s decision to terminate Temporary Protected Status (TPS) for U.S. Haitians should go forward, rejecting the government’s motion to dismiss. Judge Kuntz issued his ruling after holding a two hour hearing.

In 2017, the Trump Administration announced that TPS for Haitian nationals would expire on July 22, 2019, endangering the lives of over 50,000 Haitians and their 27,000 U.S. citizen children.

In response, NIPNLG filed a lawsuit, Saget v. Trump, with the law firms of Kurzban, Kurzban, Weinger, Tetzeli and Pratt P.A, (Kurzban), and Mayer Brown. The suit was brought on behalf of a dozen plaintiffs, including Patrick Saget, Haïti Liberté, the largest weekly Haitian newspaper in this hemisphere, and Family Action Network Movement, Inc. (FANM).

The lawsuit alleges that the decision to revoke TPS for U.S. Haitians was motivated by racial animus toward Haitians and immigrants of color in general. Beyond well-documented claims of overt racism, the suit also brings forward six different claims of unlawful action on the part of the DHS Secretary, the deputy DHS secretary, President Trump, and the Department of Homeland Security.

“The fact that the federal court appears to be holding the Administration accountable for its unlawful conduct toward immigrants is very welcome news.”
Sejal Zota
NIPNLG Legal Director

NIPNLG applauds the court’s ruling dismissing the government’s motion to dismiss in its entirety, reiterating that federal district courts have the power to strike down government actions that violate the U.S. Constitution and the laws of the United States.

“The decision is a victory for all who value immigrant rights, due process, and justice under the law,” said Sejal Zota, NIPNLG Legal Director. “The fact that the federal court appears to be holding the Administration accountable for its unlawful conduct toward immigrants is very welcome news.”

The Court has scheduled a trial to begin promptly on January 7, 2019.

Download a full copy of the suit »

Further background about the lawsuit »

For more information, contact Sejal Zota, NIPNLG Legal Director, at (617) 227-9727 or szota@nipnlg.org