Patrick Saget v. Donald J. Trump (U.S.C.A. 2nd Circuit, 2019)

This case involves a challenge to the Trump administration’s termination of temporary protected status (TPS) for approximately 50,000 Haitians and their 27,000 U.S. citizen children. TPS is a form of humanitarian immigration relief that allows individuals from designated countries to live and work legally in the U.S. if they cannot return safely to their country of origin due to armed conflict, natural disaster or other extraordinary circumstances. Most TPS recipients came to the U.S. at a young age, lived here most of their lives, and have strong ties to this country. This suit alleges violations of the law and the Constitution by Trump administration officials seeking to operationalize the President’s racial animus towards Haitians. ADL filed an amicus brief in this case in support of the preliminary injunction blocking the Trump administration decision to terminate TPS for Haiti issued by Second Circuit Judge William F. Kuntz. ADL’s brief explains that while there is no constitutional protection requiring the U.S. to afford temporary protected status, there is a clear Constitutional prohibition on discrimination in the implementation of government policies based on race, national origin, and other protected characteristics, and that ample evidence of racial animus by the Administration exists in this case. The brief catalogues numerous problematic statements by President Trump and highlights the pernicious history of the “America First” slogan and other seemingly innocuous government messages and strategies. As an organization with vast experience responding to all forms of discrimination and hate, ADL recognizes the anti-immigrant nature of the TPS terminations and the need for context and analysis to be provided to the court. ADL also filed a brief in Ramos v Nielsen, a Ninth Circuit case regarding the Administration’s termination of TPS for individuals from El Salvador, Haiti, Nicaragua, and Sudan.