The U.S. Department of Homeland Security’s decision to rescind the Temporary Protective Status (TPS) designation for Haitian immigrants discriminates against immigrants of color, in violation of the Fifth Amendment, according to a new lawsuit filed today on behalf of the National Association for the Advancement of Colored People (NAACP) by the NAACP Legal Defense and Educational Fund (LDF) in the U.S. District Court for the District of Maryland.
The lawsuit claims that the Department of Homeland Security (DHS), former Acting DHS Secretary Elaine C. Duke, and current DHS Secretary Kirstjen Nielson took irrational and discriminatory government action, denying Haitian immigrants their right to due process and equal protection under the Fifth Amendment. The NAACP, acting on behalf of its Haitian members who are TPS protected, argues that DHS intended to discriminate against Haitian immigrants living in the United States because of their race and national origin.