RAOUL OPPOSES EFFORT THAT PUTS HAITIAN-BORN RESIDENTS AT DEPORTATION RISK
Raoul & 20 Attorneys General Argue that the Federal Government Illegally Terminated Temporary Protected Status for Haiti
Chicago — Attorney General Kwame Raoul today joined a group of 20 attorneys general to challenge the federal government’s effort to revoke Temporary Protected Status (TPS) for Haitian nationals. If the government is allowed to move forward, Haitian TPS holders would lose their legal status, leaving them vulnerable to deportation.
In an amicus brief filed in Saget v. Trump, Raoul and the coalition argue that the federal administration was unjustified in revoking TPS status for Haitian nationals and the effort was done in bad faith, violating the Administrative Procedure Act (APA). The brief urges the Court of Appeals to affirm the lower court’s ruling and uphold a nationwide injunction against the termination to prevent widespread harm.
“Forcing Haitian immigrants who have fled trauma and extreme hardship after a natural disaster to leave their new homes and communities in the United States simply for political reasons is unethical and goes against our American values,” Raoul said. “My office is committed to keeping families together and protecting the rights of those seeking refuge in the United States by working to prevent unlawful and unnecessary deportations.”
Haitians first received TPS designation after the 2010 earthquake that caused devastation and significant loss of life in the country. By 2017, the federal government set out to reverse the designation. Political appointees in the administration pressured Department of Homeland Security (DHS) staffers to manufacture a rationale for the change, pushing them to depart from established agency procedure by gathering criminality and welfare data on Haitian TPS beneficiaries. In November 2017, Acting DHS Secretary Elaine Duke announced that the agency would terminate TPS for Haiti. Her own notes from earlier in the month, however, revealed that she still had not established a reason for the decision.
In April 2019, the United States District Court for the Eastern District of New York held that DHS’s decision was unlawful and ordered a nationwide preliminary injunction. DHS is now appealing the ruling in the U.S. Court of Appeals for the 2nd Circuit.
In this amicus brief, the states collectively argue that the district court’s rejection of the administration’s decision should be upheld because:
Joining Raoul in filing the brief are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington.