The NAACP Legal Defense and Educational Fund has filed a discrimination lawsuit against the Department of Homeland Security over the Trump administration’s decision to terminate the temporary protected status (TPS) of nearly 60,000 Haitian immigrants.
The U.S. Department of Homeland Security’s decision to rescind the TPS designation for Haitian immigrants discriminates against immigrants of color, in violation of the Fifth Amendment, according to a new lawsuit filed on behalf of NAACP
“This is a simple case. Our democracy rests on the bedrock principle that every person is equal before the law. Governmental decisions that target people based on racial discrimination violate our Constitution,” said Sherrilyn Ifill, President & Director-Counsel of the NAACP Legal Defense & Educational Fund, Inc., in a statement. “The decision by the Department of Homeland Security to rescind TPS status for Haitian immigrants was infected by racial discrimination. Every step taken by the Department to reach this decision reveals that far from a rational and fact-based determination, this decision was driven by calculated, determined and intentional discrimination against Haitian immigrants.”
The lawsuit claims that the Department of Homeland Security (DHS), former Acting DHS Secretary Elaine C. Duke, and current DHS Secretary Kirstjen Nielson took irrational and discriminatory government action, denying Haitian immigrants their right to due process and equal protection under the Fifth Amendment. The NAACP, acting on behalf of its Haitian members who are TPS protected, argues that DHS intended to discriminate against Haitian immigrants living in the United States because of their race and national origin.
“The action by the Department of Homeland Security to rescind TPS status for Haitian immigrants is clearly racially motivated,” said Derrick Johnson, NAACP President and CEO. “The U.S. Constitution prohibits singling out certain immigrants for harsh treatment based on their skin color and/or ethnicity. But more than that, basic fairness militates against this draconian action taken by DHS under the direction of President Trump.”