Monday, December 30, 2019

Attorney General Frosh Joins Twenty-State Coalition Opposing Federal Efforts to Put Haitian-Born Residents at Risk of Deportation

Attorneys General Argue that Termination of Temporary Protected Status
for Haiti is Illegal


Maryland Attorney General Brian E. Frosh joined on December 30, 2019 a group of state attorneys general in challenging the Trump administration’s effort to revoke Temporary Protected Status (TPS) for Haitian nationals.  If the administration is allowed to move forward, Haitian TPS holders in Maryland, other states, and the District of Columbia would lose their legal status, leaving them vulnerable to deportation. 

In an amicus brief filed in support of the plaintiffs in Saget v. Trump before the US Court of Appeals for the Second Circuit, the coalition argue that the administration did not have a reasonable reason for the move, which they hold violates the Administrative Procedure Act (APA).  The brief urges the Court of Appeals to affirm the lower court’s ruling and uphold a nationwide injunction against the termination to prevent widespread harm -  deportation - in the amici states.

In the brief, the attorneys general argue that the District Court’s rejection of the administration’s decision should be upheld because:
  • The administration did not justify its decision to revoke TPS for Haiti.
  • Ending TPS for Haiti would harm tens of thousands of American families.
  • Separating families creates a significant economic burden for states.
  • State economies and critical industries would suffer if Haitian residents lose TPS.
  • Public safety would be harmed if these residents are worried about deportation.
In addition to Maryland, the brief was joined by the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington.

(From a press release by the Attorney General, December 30, 2019.)