The ACLU of Southern California on March 12 filed a lawsuit (PDF) in federal court on behalf of several immigrants with Temporary Protected Status (TPS) and citizens whose parents have TPS, challenging the Trump administration’s revocation of the status for over 200,000 people. The Trump administration has terminated TPS for all people from El Salvador, Haiti, Nicaragua and Sudan. The suit contends that the Trump administration’s interpretation of the TPS statute is unconstitutional as it interferes with the right of school-aged citizen children of TPS beneficiaries to reside in the country. The young citizens would have to choose whether to leave the country or to remain without their parents.
The suit next alleges that the interpretation violates the Due Process Clause of the Fifth Amendment and the Equal Protection guarantee of the 14th Amendment because it is based on biases against certain races and national origins—particularly those of people from countries Trump has described in derogatory terms.
The plaintiffs also assert that the administration’s decision deviates from prior interpretations in a manner that violates the Administrative Procedure Act. They claim that these actions disregarded the interests of those who have been living in the country peacefully, and are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
From Jurist, March 13. Used with permission.