A federal appeals court in Washington ruled last Friday (March 6) that the Trump administration cannot revoke Temporary Protected Status (TPS) for the more than 350,000 Haitians living and working in the United States – including more than 45,000 in Massachusetts.
TPS gives qualified migrants legal status and allows them to work in the US. It was first granted to Haitians in 2010 after a devastating earthquake rocked the island nation, killing hundreds of thousands and displacing many more.
Trump officials said after the ruling they would take the measure to the US Supreme Court, which ruled last year in a similar case that status for Venezuelans could be ended and those living here sent back to their country.
However, in court on Friday, two justices noted that the cases were different due to the danger now from gangs and a potential government collapse – as well as lack of access to medical care. The dissenting justice said the case was nearly identical to that of Venezuela.
The case originated from a Class Action Lawsuit filed by Haitian TPS holders, which resulted in a Feb. 2 ruling from a single circuit judge that halted the termination of the TPS program for Haitians. That ruling indicated that, when announced by the Department of Homeland Security (DHS) in November, termination procedures were likely not followed, and there might also be violations of the Constitutional Fifth Amendment of equal protection under the law.
“The termination of Haiti TPS is cruel, callous, and calculated,” said US Sen. Ed Markey. “TPS is a lifesaving program for helping people and embodies the American promise as a land of freedom and refuge. It is clear to all, including to the Trump administration, that Haitian TPS holders cannot return home safely.”
Added Gov. Maura Healey, “If President Trump had his way, hundreds of thousands of people who have been living and working legally in this country would suddenly have had their protections stripped away and lost their ability to work. That would upend families and create serious disruptions to our economy.”
–REPORTER STAFF