The US Department of Justice (DOJ) is asking a Federal Court of Appeal to overturn the decision of Federal Judge William F. Kuntz of New York, who on April 11, 2019, issued a temporary injunction at the national level preventing the US Department of Homeland Security (DHS) to terminate the Temporary Protected Status TPS) and expel tens of thousands of Haitians https://www.haitilibre.com/en/news-27463-haiti-flash-2nd-victory-of-the-diaspora-against-trump-and-the-expulsion-of-haitians.html

Recall that in his decision, Kuntz said that 50,000 to 60,000 Haitians and their children born in the United States would suffer "irreparable harm" if the TPS ceased operations and they were forced to return to Haiti, a dangerous country. He also said that Elaine Duke, the Secretary of Homeland Security at the time, made a political decision.

In a 71-page brief filed Thursday, Sept. 19, on behalf of DHS, DOJ lawyers argue that Judge William F. Kuntz, of the Eastern District of New York, erred in issuing a temporary injunction at the national level precluding Homeland Security to take steps to force Haitian TPS holders to return to Haiti.

Government lawyers told the US Court of Appeals of the second circuit. "[...] the plaintiffs found no evidence that Secretary Duke had discriminatory animosity against" non-white immigrants "[...] On the contrary, the record shows that the secretary carefully reviewed the termination decision after consulting with relevant Government stakeholders and explained in detail its decision to terminate the TPS for Haiti."

According to Ira Kurzban, one of the lawyers representing the plaintiffs "[...] we have a substantial chance or predominance in this case. I think that the evidence and the law corroborate the Haitian plaintiffs and Kuntz's position that the Government violated the Administrative Procedure and Constitution Act by terminating the TPS."

Recall that the New York trial was the first of five related to the TPS to be tried. Prior to Kuntz's injunction, District Judge Edward Chen, California, on October 3, 2018, granted a temporary injunction restraining the administration from deporting Haitian TPS and other nationalities (Nicaragua, El Salvador and Sudan) approaching the deadline for termination, which temporarily prevented the Trump administration from expelling the beneficiary immigrants.

Since 2016, a dozen countries have lost the designation (TPS), which is attributed to a war or natural disaster.

To be continued...

See also :

https://www.haitilibre.com/en/news-27463-haiti-flash-2nd-victory-of-the-diaspora-against-trump-and-the-expulsion-of-haitians.html

https://www.haitilibre.com/en/news-27066-haiti-flash-diaspora-victory-against-trump-the-dhs-extends-the-tps-for-haiti.html

https://www.haitilibre.com/en/news-25740-haiti-flash-tps-senator-campbell-welcomes-the-temporary-blocking-of-expulsions.html

https://www.haitilibre.com/en/news-25726-haiti-flash-federal-judge-prevents-trump-administration-to-cancel-tps.html

https://www.haitilibre.com/en/news-25166-haiti-usa-110-members-of-congress-ask-the-trump-administration-to-reinstates-the-tps.html

SL/ HaitiLibre