Children hold signs at a November news conference in Miami in support of renewing temporary protected status for immigrants from Central America and Haiti
The NAACP is suing the Department of Homeland Security after a temporary residency program was cancelled that allowed more than 58,000 Haitians to live and work in the United States.
The rights group seeks an order blocking DHS's November 2017 decision to rescind Temporary Protective Status for Haitian immigrants, known as TPS, which was granted in 2010 following a massive quake that killed more than 200,000 people, displaced millions more and almost destroyed the capital Port-au-Prince.
The Caribbean nation has been in a state of devastation since a 2010 quake, one of the deadliest in history that killed thousands of Haitians and left millions homeless.
The lawsuit filed by NAACP said, under the stewardship of former DHS Acting Secretary Elaine C. Duke, and current DHS Secretary Kirstjen Nielsen, the department denied Haitian immigrants right to due process and equal protection under the Fifth Amendment. Recovery efforts were thwarted by a subsequent cholera outbreak and a Category 4 hurricane in 2016, leading to a food and housing shortage.
"Our great nation fought a civil war to establish the bedrock principle that the government may not discriminate against any person, whether citizen or non-citizen, based on that person's race or ethnicity". "Unable to find evidence to support their discriminatory stereotypes, DHS's Acting Secretary ultimately offered rationales for rescinding TPS that failed to acknowledge - much less address - the ongoing conditions in Haiti that warranted extending that status".
The decision affects an estimated 60,000 Haitians in the US, who have until July 22, 2019 to either leave the country or to apply for a different type of visa.
TPS recipients have repeatedly come under fire from the Trump administration. The White House didn't immediately return messages seeking comment. Two months later, 200,000 Salvadorans faced the same fate. "In stark contrast, the president stated that immigrants from countries like Norway were more desirable and should be admitted".
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Trump's animosity towards TPS recipients in particular has made headlines over the past 12 months.
"The action by the Department of Homeland Security to rescind TPS status for Haitian immigrants is clearly racially motivated", Derrick Johnson, NAACP President and CEO, said in a statement.
The complaint cites reports that in a January 11 meeting on immigration at the White House, Trump balked at more immigrants from Africa, which he derided as "shithole countries ".
Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense & Educational Fund, Inc., said the decision to rescind the status for Haitian immigrants was "infected by racial discrimination".
While the lawsuit focuses on Haitians in particular, the case could have wide-reaching implications for a number of TPS recipients, including Salvadorans and Nicaraguans. "Thus, under the applicable statute, the current TPS designation must be terminated".
This article has been updated to clarify the LDF as an organization separate from the NAACP.
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