The motion, filed Tuesday, argues that the newly uncovered Department of Homeland Security documents “contain further evidence that the termination of Haiti’s TPS designation was a preordained outcome.” The filing cites departures from standard procedure, including career staff’s recommendation against termination being overruled by a political appointee.
The case began when the Trump administration moved to end Temporary Protected Status for Haitians living legally in the United States. TPS was enacted by Congress in 1990 to protect people from countries where conditions make safe return impossible. Haiti received the designation in 2010 after an earthquake killed more than 200,000 people and left the country with roving gangs, cholera outbreaks and no functioning government — conditions that persist, according to the NPR report.
The Supreme Court took the unusual step of agreeing to hear the case before a lower federal appeals court had reviewed it. At oral argument, the administration maintained that courts cannot review the executive branch’s TPS determinations. But under questioning from Justice Amy Coney Barrett, Solicitor General John Sauer conceded that courts can review allegations of racial discrimination. The Haitian plaintiffs have brought such a challenge, arguing the revocation was motivated by race.
The immigrants’ lawyers argue that with new documents still coming to light, the court lacks a sufficient factual record to decide the case. “Until discovery is complete, the Court lacks a firm factual foundation on which to judge the merits of respondents’ claims,” the motion states.
The Supreme Court will almost certainly ask the Trump administration to file a response before deciding whether to grant the motion to dismiss.