In a recent 2-1 decision, two federal appeals judges, appointed by President Joe Biden, halted the Trump administration’s attempt to terminate Haiti’s Temporary Protected Status (TPS). This designation safeguards over 350,000 Haitian citizens from deportation while also facilitating a continued influx of American workers.
The ruling seems to have invigorated activists, who are now pursuing a federal lawsuit aimed at preventing the end of Somalia’s designated status.
A long and slow farewell
In a report highlighted by Blaze TV Host Christopher Rufo and investigative reporter Ryan Thorpe, serious allegations arose regarding the misappropriation of taxpayer funds within Minnesota’s Somali community. This investigation suggested possible links to terrorist activities abroad.
Just two days after this report, President Donald Trump declared that he would be revoking the TPS designation for Somalia, stating, “Somali gangs are terrorizing the people of our great country, and billions of dollars are missing. Send them back where they came from. It’s over!”
The ongoing investigations into rampant fraud in the welfare-dependent Somali community led the Department of Homeland Security (DHS) to announce in January that Somalia would lose its TPS status effective March 17.
DHS indicated that Somali nationals lacking legal status other than TPS would need to pursue voluntary removal proceedings.
Somalia received TPS status in 1991 due to “unusual and temporary circumstances” that made it unsafe for expatriates to return. This temporary measure has, however, been extended multiple times over the past three decades.
A January 14 notice from the Federal Register stated that the situation in Somalia had improved significantly, proposing that requiring Somali nationals to return doesn’t severely threaten their safety as some areas are deemed safe for living.
DHS Secretary Kristi Noem asserted, “Allowing Somali nationals to temporarily reside in the United States goes against our national interests. We put Americans first.”
Lawsuit
A group called African Communities Together is challenging the Trump administration’s efforts to end TPS for various African immigrant groups. This California-based organization, along with four Somali individuals, has moved to file a lawsuit, arguing that the government breached the Administrative Procedure Act and the Fifth Amendment.
The lawsuit minimizes the severity of crimes committed by Somali nationals in the U.S., claiming that their homelands are not as secure as the government suggests and accusing the disqualification process of being rooted in discrimination against racial or ethnic origins. This narrative of racial bias continues throughout the lawsuit and suggests a presumptive racial motive in the administration’s policies.
For instance, the complaint draws a contrast between the TPS protections available to Ukrainians versus those denied to Somalis and Haitians, seemingly ignoring specific circumstances like the ongoing war in Ukraine.
The lawsuit states, “The Trump administration has consistently demonstrated anti-immigrant policies, aiming to eliminate or restrict access to TPS for non-white, non-European immigrants while employing racist language and seeking to expel them from the country.”
One purportedly “racist” comment noted came from President Trump, who remarked during a press conference, “The Somalis are causing a lot of problems. They are defrauding us of a lot of money.”
Further alleged remarks from Trump during a Cabinet meeting included disdain for Somali nationals, questioning their place in the U.S. and characterizing their homeland negatively.
The lawsuit claims that without TPS, individuals who were previously eligible would face severe harm, losing employment opportunities and benefits.
DHS hasn’t commented on the situation.
Recently, reports revealed that the Trump administration is seeking to appeal to the U.S. Supreme Court to end TPS for Haiti, as reported by Reuters.
