WASHINGTON, D.C. — Haitian citizens filed a motion with the Supreme Court on Tuesday, requesting the dismissal of a case concerning the termination of Temporary Protected Status (TPS) for Haiti. The Supreme Court had previously held oral arguments in the case on April 29.
The plaintiffs requested the dismissal as improvidently granted, citing newly discovered facts. These facts relate to the merits of their claims in the case, which challenged a July 1 notice issued by Kristi Noem, who was then serving as Secretary of Homeland Security.
The notice announced the intent to end TPS for Haiti. The TPS program, established by Congress in 1990, authorizes the Department of Homeland Security (DHS) to designate foreign nationals who are eligible to remain and work in the United States if their return is unsafe due to natural disaster, armed conflict, or temporary extraordinary conditions.
DHS Secretary Janet Napolitano designated Haiti for TPS in 2010 following an earthquake. The initial designation for Haiti was set for 18 months and was later extended until 2025.
Haitian nationals filed a lawsuit in a federal court in Washington, D.C., challenging the termination decision. The plaintiffs argued that the termination violated federal administrative law and constituted racial discrimination. Lower federal courts ruled in favor of the Haitian nationals and issued an injunction preventing the government from terminating the program during the litigation.
The Trump administration petitioned the Supreme Court to stay the lower court orders. The court temporarily maintained the lower court injunctions and agreed to review the case. The court also agreed to review a similar case involving Syrian nationals alongside the Haitian case.
Court filings submitted by the plaintiffs stated that government documents indicate Noem did not consult the Department of State before she issued the termination notice. The filings also stated that the termination notice cited U.S. national interest as its justification. Additionally, the filings stated that a political appointee directed career officials to withdraw a recommendation to extend the designation before the notice was published. The motion to dismiss applies exclusively to the Haitian plaintiffs' case and does not automatically affect the Syrian nationals' case.
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