temporary protection

House passes a bill to protect Haitian immigrants, in slap back to the Trump administration

In a rare bipartisan moment, the House passed legislation Thursday that would extend temporary protections for Haitian immigrants, a long-shot effort fighting back against President Trump’s attempts to end the program.

The bill, pushed forward by House Democrats with a group of Republicans over the objections of the GOP leadership, would require a three-year extension of temporary protected status for Haitians by the Trump administration. That would allow hundreds of thousands of qualifying immigrants to remain in the United States without fear of deportation.

The vote was 224-204, drawing applause in the chamber. But it faces uncertainty in the Senate, and the Republican president would almost certainly seek to veto it.

“I know firsthand how important our Haitian neighbors are to our communities, to our civic life, to our culture, to our workforce, to our economy,” said Democratic Rep. Ayanna Pressley of Massachusetts, who is co-chair of the House Haiti Caucus and represents one of the largest Haitian communities in the country.

During the debate, she recounted the number of Haitian immigrants working in healthcare, housing construction and other industries. Haitians with temporary legal status “are not the problem, quite the contrary, they are part of the solution,” she said.

Pressley has said deporting Haitians back to the troubled Caribbean country would be a “death sentence,” given the effects of natural disasters and gang violence. “Congress can do the right thing,” she said.

Ten Republicans, many from districts with large numbers of Haitian residents, joined all Democrats and one independent in voting for passage.

Congress tries to act before the Supreme Court does

The effort to help 350,000 Haitians living lawfully in the United States comes as the administration is working to end the temporary legal status for several groups, exposing them to deportation.

In less than two weeks, the Supreme Court is prepared to consider a fast-track case that would end the protected status for Haitian and Syrian immigrants in a challenge widely seen as threatening the broader program. The administration filed emergency appeals after lower courts stopped the immediate end of the program.

It is part of the administration’s efforts to strip certain immigrant groups of legal status as the White House works to fulfill Trump’s campaign promise of conducting the largest mass deportation operation in history. Some 1.3 million people fleeing countries around the world have been granted temporary protected status in the U.S.

The protections for Haiti, first approved after a devastating 2010 earthquake, have been extended multiple times. The State Department warns Americans not to travel to Haiti “due to kidnapping, crime, terrorist activity, civil unrest.”

Guerline Jozef, executive director of the Haitian Bridge Alliance, an advocacy organization, fought back tears as she described the fear of deportations coursing through the community.

“We are asking, where will you be? On the right side of history?” she said at a news conference outside the Capitol. “Or continuing to cause trauma to people who are asking for nothing other than safety and protection?”

Trump has described migrants from poorer countries in vulgar terms, and he has falsely accused Haitian migrants in Ohio of eating their neighbors’ cats and dogs.

The conservative majority court has allowed the end of temporary legal status for a total of 600,000 people from Venezuela while lawsuits play out, leaving them to face potential deportation.

Lawmakers debate whether to help Haitians or stick with Trump

Rep. Laura Gillen (D-N.Y.) whose district includes Long Island’s Haitian community, said she promised constituents she would work to protect their status. She introduced the legislation with Republican Rep. Mike Lawler of New York as soon as she took office last year.

“It’s cruel to expect Haitians to be forced to return to these deadly, dangerous conditions,” she said at a news conference. “Human lives are at risk.”

Lawler said there are differences of opinion on immigration policy, but that Haitian immigrants have become vital to his community and forcing them out would be unjust and unwise.

“They are small business owners, they are nurses, they are caregivers, they participate in our economy and take care of American citizens,” he said. “Congress has a responsibility to act.”

But Rep. Jim Jordan (R-Ohio) decried the number of immigrants, including Haitians, who have entered the U.S., and cited Democratic efforts to halt funding for enforcement and deportation efforts.

“Make temporary permanent,” he said, “that’s their plan.”

Rep. Brandon Gill (R-Texas) said the program was “backdoor amnesty” for foreigners.

To Rep. Tom McClintock (R-Calif.), the temporary status first granted under the Obama administration has become “an open-ended invitation” for immigrants to enter the country, including some illegally, and remain.

“The Trump administration has heeded the cries of the American people,” he said.

Using a discharge petition to force votes

The vote was the latest effort by House Democrats to maneuver past the Republican majority using a discharge petition — once a rare tool, but now used increasingly to form bipartisan coalitions.

The discharge petition process forces the bill to the House floor for consideration, powering past House Speaker Mike Johnson (R-La.) and GOP leaders. It was used to help pass legislation that required the Justice Department to release the files of the sex trafficking investigation of Jeffrey Epstein.

Republicans hold a slim majority in the House and are typically able to swat back such efforts from Democrats. But Democrats and Republicans have formed bipartisan alliances to reach the majority needed on the discharge petitions.

Pressley’s effort to discharge the bill won support from four Republicans on the initial petition, and several more once it came to the floor vote.

Mascaro writes for the Associated Press.

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Supreme Court will rule on Trump’s plan to end temporary protection for Haitians, Syrians

The Supreme Court agreed Monday to rule on whether the Trump administration may end the temporary protection that had been extended in the past to migrants who live and work in the United States.

At issue are legal protections for about 6,000 Syrians and up to 350,000 Haitians.

The court’s announcement signals the justices want to resolve this issue in a written opinion rather through emergency appeals.

Twice last year, the court’s conservatives set aside decisions from judges in San Francisco who said President Trump’s Homeland Security secretary had overstepped her authority.

Those cases involved the temporary protection status extended to about 600,000 Venezuelans.

But those decisions did not set clear precedents, and in recent weeks, judges in New York and Washington, D.C., blocked the administration’s plan to end the special protections for Haitians and Syrians.

Frustrated by what he labeled “indefensible” decisions, Trump’s Solicitor Gen. D. John Sauer advised the court to hear arguments and issue a written ruling on the issue.

The justices on Monday agreed to just that. Arguments will be heard in April, and a decision will be handed down by July.

Immigrant-rights advocates argued the repeal of the special protection would be cruel and unjust to migrants who have established lives and careers in this country.

In 1990, Congress authorized giving temporary shelter to non-citizens from countries experiencing armed conflict, natural disaster or “extraordinary and temporary conditions” that prevent them from returning there.

In 2012, the Homeland Security secretary extended this protection to Syrians in response to a “brutal crackdown” engineered by its then-President Bashar al-Assad.

Last year, citing Assad’s fall from power, Trump’s Secretary Kristi Noem proposed to cancel the temporary protection for Syrians. Lawyers for the Syrians questioned how this could be seen as an emergency requiring an immediate ruling.

They said about 6,100 Syrians who have lived here lawfully for years.

They are “highly sought-after doctors and medical professionals, reporters, students, teachers, business owners, caretakers, and others who have been repeatedly vetted and by definition have virtually no criminal history. The government apparently needs urgent authority to send them to a country in the middle of an active war,” the lawyers said.

In 2010, the Obama administration extended the protection to Haiti after an earthquake caused death and damage in Port-au-Prince, the capital.

Judges in New York and Washington blocked those repeals and said the high court had given “no explanation” for its decision upholding the repeal for Venezuelans.

Those judges said the Supreme Court’s earlier orders orders “involved a TPS designation of a different country, with different factual circumstances, and different grounds for resolution by the district court.”

Sauer pointed to a provision in the 1990 law that says judges have no authority to second-guess the government’s decision to end it.

“There is no judicial review of any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection,” the law says.

In the three weeks since Trump’s attorney filed his emergency appeal, there have been two significant changes since then.

Trump fired Homeland Security Secretary Kristi Noem. And his war launched against Iran threatens countries throughout the Mideast, including Syria.

In agreeing to hear the pair of cases, the justices did not disturb the lower court rulings that blocked the repeals for now.

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