During the Four Days of Testimony, US Department of Justice and Human Rights, the United States Department of Justice and the United States of America The decision, they said, was based on lengthy consultations and DHS 'conclusion that Haiti no longer puts “the condition for designation.”
The announcement of Haiti's termination by then- DHS Acting Secretary Elaine Duke cam 14 days after protection for 2,500 Nicaraguans was terminated after nearly 20 years. Four months later, Haitians out of New York and Florida, including the Family Action Network Movement in Miami (FANM), filed the class-action lawsuit in the Eastern District of New York.
Like the other suits of Haitians as well as Salvadorans, Hondurans and Sudanese TPS holders, the New York follows argues that Duke violated procedures and TPS holders' due process. The decision, the following alleges, was also rooted in the president's “racially discriminatory attitude toward all-brown and black people.”
During Thursday's closing arguments, attorney Howard Roin, one of several lawyers representing the plaintiffs, cited emails and other internal government documents, including Duke's handwritten November 2017 notes, to bolster plaintiffs' argument: that the White House was not interested in the facts about the conditions in Haiti as DHS officials were deported, and Duke was
Bolstering advocates 'assertions that there was a difference in the history of the court record bolstering advocates' assertions that during the process, there was disagreement between Trump political appointees who wanted to terminate, and government career officers whose research showed that Haiti
Attorney Paromita Shah Said the Haiti TPS Termination Decision was “prearranged, premeditated from the beginning,” and based on “racial animus.”
we know those comments were made in relation to TPS for Haitians, “she said. “There is a long history of bias against Haitians in our immigration system. But it is clear that this administration has at least a public record in making disparaging comments. “
Shah added that the public – and Judge Kuntz – needed to hear” the evidence, the statement, the policies that were in place before termination “
Among the other evidence lawyers presented during the trial: internal emails from US Citizenship and Immigration Services that the agency made inquiries into the Haitian government. benefits, committed crimes or provided remittances. DHS, which acknowledged the issue of criminal responsibility, was made to do so at the time when it was decided to proceed with the filing of the complaint.
the US embassy in Port-au-Prince that concluded Haiti was not ready to receive TPS holders. The cable is among several senior U.S. diplomats to top State Department officials who have been disregarded despite the fact that mass deportations of Central Americans and Haitians could destabilize the region and trigger a new surge of illegal immigration.
In recommending that TPS end for Haiti, USCIS Francis Cissna Director concluded in a Nov. 3, 2017, memo that “Haiti has made significant progress in recovering From the 2010 earthquake, and no longer continuing to meet the conditions for designation. “
” While lingering effects of the 2010 earthquake remain in housing, infrastructure, damage to the economy, health, sanitation services , Haiti has made significant progress in addressing issues specific to the earthquake, “Cissna argued. He also noted that 98 percent of the camps that sprang up after the quake had closed, and Haitian President Jovenel Moses had announced that he would be rebuilding the quake-destroyed presidential palace.
Government lawyers noted these facts during their cross-examinations of witnesses. They also questioned the credentials of some of Haiti's witnesses, and Haitian Freedom Newspaper Journalist Kenneth “Kim” Ives, refuting the quake's death toll.
Ellie Happel, a lawyer and expert witness, testified that the only reason official numbers show a significant drop in the population is because camps were forcefully shut down by the Haitian government. The Director of the Haiti Project at the NYU School of Law, Global Justice Clinic, “Happened that the Haitian Government had not kept its promise”
She also testified that while Cissna had described Haiti's erratic GDP growth as ” predominantly positive, “averaging 1.9 percent between 2010 and 2016,” said Beatrice Lindstrom, “an attorney who is looking forward to the next year.” 19659011] “The evidence leaves no doubt that Secretary Duke's decision was made under the influence of a White House racist, and is irreconcilable with the facts and findings of the government's own experts,” said Lindstrom, whose boss, Brian Concannon, was among those who testified for the plaintiffs. Concannon and Lindstrom are with the Boston-based Institute for Justice and Democracy in Haiti.
One of the longest testimonies came from Leon Rodriguez, the former director of U.S. Citizenship and Immigration Services in the Obama administration. On the other hand, Rodriguez testifies that the Trump administration approach is not only illegal, but also illegal. Cissna, he said, had failed to consider the totality of Haiti's circumstances, such as food insecurity and crime statistics,
Cissna's recommendation violated the law, Rodriguez said “Yes.”
The Floridians, seven New Yorkers, the weekly Brooklyn-based Haitian newspaper Haiti Freedom, and the Miami-based Haitian rights advocacy group FANM.
Ives, a top Journalist at the newspaper, Jackson Rateau, would have to return to Haiti and he would not be able to do that. During the hearing, the government sought to address the extent of devastation, playing a role in the translation of the Haitian government. The Haitian government, citing log books its drivers kept, revised its death figure to 316,000, sixth months after the disaster. Ives said the number was closer to between 60,000 and 80,000.
The earthquake The Haitian government, citing logs it had drivers keep them serious, reported to the United States Agency for International Development estimated at 46,000 to 85,000.
“Haiti still has not Hurricane Matthew in 2016 and Hurricane Irma in 2017, “Ives said.
The plaintiffs are asking that DHS did not do an adequate review and must conduct a new review on whether Kuntz makes, while not compulsory, will be “persuasive precedent.”
“A decision on the merits especially after trial would have collateral consequences. cases, “said Raymond Audain, a NAACP Legal Defense Fund attorney, who described it as a fair judge. We are hoping for a favorable ruling.
Audain said the NAACP Legal Defense Fund was the first to sue the administration of Haitian TPS holders, a Maryland federal judge still has not ruled the government's motion to have the
In October, a federal judge in California granted a temporary injunction blocking the administration of deporting. U.S. Judge District Judge Edward Chen granted the temporary injunction as part of a California lawsuit filed by lawyers on behalf of Haiti, Nicaragua, El Salvador and Sudan who have U.S.-born children. The decision is being appealed by the government and experts say Kuntz's ruling should have no impact on the injunction ..
In addition to the California and NAACP Legal Defense Fund suits, there are two others by one of the Lawyers' Committee for Civil Rights and Economic Justice. It was written on behalf of Salvadoran, Honduran and Haitian in Boston federal court. The committee previously challenged the constitutionality of President Donald Trump's executive order targeting sanctuary cities.