Somalis sue over TPS revocation as Trump seeks Supreme Court help
What's the administration thinking here?
The Trump administration’s bid to end temporary protected status for Somalia is facing a new lawsuit, as the administration turns to the Supreme Court to help end TPS for people from Syria and Haiti.
Efforts to end TPS designations for various countries have been met with lawsuits from activist groups, as the Trump administration argues that the temporary protections given to foreign nationals from affected countries no longer meet the legal requirements for the status. While the Supreme Court has sided with the Trump administration twice over its contested effort to end TPS for people from Venezuela, lower courts have since continued to block the Trump administration from revoking those same temporary protections for people from other countries.
A pair of activist groups, along with four Somali nationals, sued the Department of Homeland Security in the U.S. District Court for the District of Massachusetts, alleging the administration’s attempt to end TPS for the country is unlawful for several reasons.
The lawsuit claims the conditions in Somalia are a humanitarian crisis, which supports extending the temporary status that has been in place since 1991, and that DHS’s process of ending the status was a reflection of the administration’s “preordained, pretextual, politically influenced agendas.”
The groups claim the administration failed to “undertake a good faith review of objective evidence of country conditions relevant to the legal grounds for Somalia’s TPS designation” and that the decision was “impermissibly relying on the Administration’s determination about the domestic ‘national interest’ as a basis for termination.” The lawsuit additionally claims the decision was “motivated, at least in part, by racial and national-origin discrimination towards Somali people, in violation of the Fifth Amendment.”
Federal law establishing TPS explicitly does not allow courts to review the Homeland Security secretary’s determination to extend or terminate TPS for different countries. But several judges have gone around this by reviewing the procedure the DHS followed to make the otherwise unreviewable determination. The Trump administration has had trouble revoking TPS, whereas the Biden administration has been able to extend it easily through simple orders without legal battles.
The lawsuit challenging the revocation of TPS for Somalia targets the administration’s procedure for reaching that decision, attempting to replicate the success of other lawsuits …
What's the administration thinking here?
The Trump administration’s bid to end temporary protected status for Somalia is facing a new lawsuit, as the administration turns to the Supreme Court to help end TPS for people from Syria and Haiti.
Efforts to end TPS designations for various countries have been met with lawsuits from activist groups, as the Trump administration argues that the temporary protections given to foreign nationals from affected countries no longer meet the legal requirements for the status. While the Supreme Court has sided with the Trump administration twice over its contested effort to end TPS for people from Venezuela, lower courts have since continued to block the Trump administration from revoking those same temporary protections for people from other countries.
A pair of activist groups, along with four Somali nationals, sued the Department of Homeland Security in the U.S. District Court for the District of Massachusetts, alleging the administration’s attempt to end TPS for the country is unlawful for several reasons.
The lawsuit claims the conditions in Somalia are a humanitarian crisis, which supports extending the temporary status that has been in place since 1991, and that DHS’s process of ending the status was a reflection of the administration’s “preordained, pretextual, politically influenced agendas.”
The groups claim the administration failed to “undertake a good faith review of objective evidence of country conditions relevant to the legal grounds for Somalia’s TPS designation” and that the decision was “impermissibly relying on the Administration’s determination about the domestic ‘national interest’ as a basis for termination.” The lawsuit additionally claims the decision was “motivated, at least in part, by racial and national-origin discrimination towards Somali people, in violation of the Fifth Amendment.”
Federal law establishing TPS explicitly does not allow courts to review the Homeland Security secretary’s determination to extend or terminate TPS for different countries. But several judges have gone around this by reviewing the procedure the DHS followed to make the otherwise unreviewable determination. The Trump administration has had trouble revoking TPS, whereas the Biden administration has been able to extend it easily through simple orders without legal battles.
The lawsuit challenging the revocation of TPS for Somalia targets the administration’s procedure for reaching that decision, attempting to replicate the success of other lawsuits …
Somalis sue over TPS revocation as Trump seeks Supreme Court help
What's the administration thinking here?
The Trump administration’s bid to end temporary protected status for Somalia is facing a new lawsuit, as the administration turns to the Supreme Court to help end TPS for people from Syria and Haiti.
Efforts to end TPS designations for various countries have been met with lawsuits from activist groups, as the Trump administration argues that the temporary protections given to foreign nationals from affected countries no longer meet the legal requirements for the status. While the Supreme Court has sided with the Trump administration twice over its contested effort to end TPS for people from Venezuela, lower courts have since continued to block the Trump administration from revoking those same temporary protections for people from other countries.
A pair of activist groups, along with four Somali nationals, sued the Department of Homeland Security in the U.S. District Court for the District of Massachusetts, alleging the administration’s attempt to end TPS for the country is unlawful for several reasons.
The lawsuit claims the conditions in Somalia are a humanitarian crisis, which supports extending the temporary status that has been in place since 1991, and that DHS’s process of ending the status was a reflection of the administration’s “preordained, pretextual, politically influenced agendas.”
The groups claim the administration failed to “undertake a good faith review of objective evidence of country conditions relevant to the legal grounds for Somalia’s TPS designation” and that the decision was “impermissibly relying on the Administration’s determination about the domestic ‘national interest’ as a basis for termination.” The lawsuit additionally claims the decision was “motivated, at least in part, by racial and national-origin discrimination towards Somali people, in violation of the Fifth Amendment.”
Federal law establishing TPS explicitly does not allow courts to review the Homeland Security secretary’s determination to extend or terminate TPS for different countries. But several judges have gone around this by reviewing the procedure the DHS followed to make the otherwise unreviewable determination. The Trump administration has had trouble revoking TPS, whereas the Biden administration has been able to extend it easily through simple orders without legal battles.
The lawsuit challenging the revocation of TPS for Somalia targets the administration’s procedure for reaching that decision, attempting to replicate the success of other lawsuits …
0 Comments
0 Shares
23 Views
0 Reviews
