My Cart

Close

GO. FIGHT. WIN.

TPS Termination- Judge says Lawsuit has MERIT racial animus

Donate to Mad Dog

Posted on July 25 2018

 

As previously discussed, Trump’s hardline and frankly radical immigration actions, based on a preponderance of facts, truly show Trump’s intent is racially motivated. See here and here and Operation Streamline/ Operation Janus 2.0 found here.

 

 

TPS, what is it?

 

TPS is an acronym for: Temporary Protected Status.

TPS eligibility as defined by the Department of Homeland Security fall within two primary parameters;

  • Ongoing armed conflict (such as civil war)
  • An environmental disaster (such as earthquake or hurricane), or an epidemic
  • Other extraordinary and temporary conditions

..designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

 

 You can read more on TPS via this USCIS link, found here. As previously detailed in this twitter thread from last week, you can read each TPS announcement per Country below:

 

 

The reality is, the incremental TPS announcements published by DHS Sec Nielsen are nothing short of “optics”, when you actually drill down on the Refugee Processing Center and various DHS numbers the facts show that yes in some instances DHS “extended” TPS for countries like Yemen and Syria yet the actual numbers prove something entirely different, as in the Trump Administration isn’t being exactly honest. So let’s go ahead and break the numbers down by TPS Country:

-at ALL times I will link to the Government data source because I want you to read the numbers for yourself and make a informed assessment on who and what to believe:

 

🇸🇾SYRIA Jan 2018 to Present🇸🇾

As I previously noted in this twitter thread a few months ago, as of April 14, 2018 the Trump Administration let 11 Syrian Refugees in to our Country. 11 not 110 not 1,100, not 11,000 but 11 total.

 

But hey the GOOD news is since April 2018 the Trump Administration had a change of heart.  (Please note my sarcasm) as of July 25, 2018 the Trump Administration has a >60% increase in allowing Syrian Rufgees in to our Country: 17 👈🏻Yes me golf clapping for the Trump Administration’s change of heart, three gold ⭐️⭐️ ⭐️for Donny and Krissy, NOT.

 

link to the State Department Refugee Program for July 25, 2018 Report I ran secular to Syrian Refugees found here. (It’s a 5 page Report)

 

But you can not appreciate or understand the totality of the Trump Administration’s heartless and racist tendencies until you look at a broader set of data, as it relates to Refugees from Syria. Again these are NOT my numbers, these numbers and data are publicly available via the Refugee Processing Center. Here I ran a Jan 2017 to Present Refugees from Syria Report, found here

2017  = 2,002

2018 = 17

 

🇸🇴 Somalia Jan 2018 to Present 🇸🇴

On July 19, 2018 DHS Sec Nielsen announced that the Trump Administration would extend the TPS program for Refugees from Somalia for another 18 months. See DHS TPS Announcement here.

 

Yet the Trump Administration wants you to believe that Refugees are “pouring in to our Country” that FACTS prove that is simply not factual or even remotely true. Case in point I ran a Refugee Processing Center Report for Refugees from Somalia.

The numbers reflect that the Trump Administration January 2018 to present has only approved 122 Refugees from Somalia, yes 122. See 5 page report found here

Now let’s take a look at January 1, 2017 to present, do you see the precipitous DROP in America accepting Refugees from Somalia?

2017 =  2,452

2018 = 122

That’s not me manipulating the numbers, these numbers come straight from the State Department, DHS and are culled into the Refugee Processing Center Database. The Jan 2017 to present report can be found here.

 

 

🇾🇪Yemen Jan 2018-Present 🇾🇪 

On July 5, 2018 once again DHS Sec Nielsen issued a Press Release Announcing TPS extended to Refugees from Yemen, found here.

 

 Now take a wild guess of how many Refugees from Yemen the Trump Administration has let in to our Country? Would it shock you to find out that from January to July 2018 the Trump Administration has let in EXACTLY ZERO REFUGEES from Yemen? No you are reading that correctly, ZERO:

Oh you find that hard to believe? That’s fine, here’s a link to the RPC repost I ran, 2 pages, you can read it here. But frankly that shouldn’t shock you given Trump’s Travel Ban the Supreme Court upheld. And let’s be clear Donald Trump used the color of National Security to rationalize his racism.

I ran a Report January 2017 to Present,  which encapsulates this so called Trump Administration, more like a shithole presidency. Just take a wild guess how many Refugees from Yemen the Trump Administration has let in since Putin installed him in to the White House? No really take a guess of the cumulative number of Refugees from Yemen Trump has let in: 17, yes 17...basically one Refugee a month since he took office. Link to report here.

 

 So now that you have a broader understanding of the Refugee and TPS subjects, again I won’t be offended you can also run your own report and double check my homework. Again it won’t offend me becuasd knowledge is power, see RPC link here.

🇸🇻El Salvador Jan 2016 to Present 🇸🇻 

On January 18, 2018 USCIS Published it was Terminating TPS for El Salvador, which had been in effect since 2001. The notice was published in our Federal Register along with the rationale of DHS & USCIS. One main issue is, what happens to the American born children? Again because the Trump Administration never thinks things through they just throw red meat out to their Hate Racist Loving base.

See the 7 page TPS El Salvador notice via the GPO link found here. I took the liberty of running a Refugee Processing Center Report the Refugee numbers for El Salvador are as followed.

2016 = 755

2017 = 833

2018 = 458

link to the RPC Report can be found here.

 

 

 

 

 

February 2018

Case 1:18-cv-10340-DNC

The essence of this Complaint is the Plaintiffs are arguing that the Trump Administration violated Federal Laws and their policies are racially motivated, specifically ending TPS for El Salvadorans and Haitians:

 

El Salvador, plaintiffs argue (which is 100% factually based):

 In 2001, El Salvador was struck by a devastating series of earthquakes. The earthquakes caused at least 1,100 deaths and displaced an estimated 1.3 million people. The earthquakes damaged or destroyed 220,000 homes, 1,696 schools, and 856 public buildings with losses across economic sectors estimated at $2.8 billion. 

 

Haiti’s 2010 Cataclysmic Earthquake:

  • 0 Magnitude Quake struck near Port au Prince
  • 3,500,000 people were affected by the quake
  • 220,000 people estimated to have died & 300,000+ people were injured
  • Over 188,383 houses were badly damaged and 105,000 were destroyed by the earthquake (293,383 in total),
  • 1.5m people became homeless
  • 4,000 schools were damaged or destroyed
  • 25% of civil servants in Port au Prince died
  • 60% of Government and administrative buildings, 80% of schools in Port-au-Prince and 60% of schools in the South and West Departments were destroyed or damaged

Because of the catastrophic damage to Haiti’s core infrastructure an outbreak of cholera occurred in October 2010. As a result by July 2011 some 5,899 Haitians died as a result of the outbreak, while 216,000 were infected.

    You can read  CENTRO PRESENTE v Donald Trump et al February 2018 Complaint here. The Plaintiffs also argue the following:

    ...”the President has been astonishingly blunt about articulating. President Trump has long made clear his dislike and disregard for Latino and Black immigrants, including equating Latino immigrants with rapists, asserting that African immigrants who have seen America would never “go back to their huts,” and saying a group of Haitian immigrants “all have AIDS.”

    Most recently, in discussing immigration policy with Congressional leaders in January 2018, he referred to Haiti and other TPS nations as “shithole countries,” further driving home the racial motive by saying that the United States should let in more immigrants from Norway instead.

     

    Again this can not be emphasized enough, many of these TPS receipents have AMERICAN BORN Children. We are not talking about a couple of hundred Children and Parents, we are talking about tens of thousands that will be irreparably harmed due to the Trump Administration’s growing hostility towards black and brown people.

    Approximately 242,900 Salvadoran TPS recipients currently in the United States.These individuals have jobs, homes, and families, including an estimated 192,700 U.S citizen children.

    Approximately 93,500 Haitians are similarly currently under TPS protection in the United States. They too have established livelihoods and communities here, with an estimated 27,000 U.S. citizen children.

     

    In a scathing 42 page Memorandum and OrderUS District Judge Denise Casper particularized numerous allegations Plaintiffs argued and their position of “termination of TPS for El Salvador...based on racial animus”. Judge Casper went on to conclude; 1) that the plaintiffs’ legal claims against DHS and President Donald Trump are valid 2) accordingly instructed both parties may proceed in proving or disproving the factual basis for the claims.

     

    I now refer you to page 35, where Judge Casper cites the Plaintiffs allegation:

    ...”complaint alleges that Kelly called Duke while he was travelling with President Trump in Japan and told her that extending the designation would prevent President Trump’s administration’s “wider strategic goal” on immigration. “

     

    Judge Casper further concludes:

     

    This Court finds; that the combination of a disparate impact on particular racial groups, statements of animus by people plausibly alleged to be involved in the decision-making process, and an allegedly unreasoned shift in policy sufficient to allege plausibly that a discriminatory purpose was a motivating factor in a decision (emphasis added)

      

    Under Arlington Heights review, once plaintiffs have made out a prima facie case that discrimination motivated a facially neutral law, the burden shifts to Defendants to show that the same decisions would have been made even without that motivation.

    Plaintiffs have successfully made out their prima facie case. Consistent with Defendants’ claim that there is no new policy, Defendants make no argument that the new policy would have been reached without the alleged unlawful animus. ...Defendants’ denial of the existence of the new policy, Defendants offer no justification of the new policy, plausibly alleged by Plaintiffs, to change to criteria by which TPS designations are made.

     

    Essentially the Government failed to disprove the Plaintiffs argument that terminating the TPS was “racially motivated” specifically using Trump and Gen Kelly’s own words. Essentially affirming that the Trump Administration TPS termination was foundationally based on  “racial animus”. For a lack of better explanation, the Government failed to defend the indefensible. I think what’s most offensive is time and time again the Government wants to have it both ways. And thankfully this Judge cut through the noise and distractions that the Trump Administration tried to argue and point by counter point the Judge just eviscerates the Trump Administration’s subterfuge.

     

     Defendants’ denial of the existence of the new policy, Defendants offer no justification of the new
    policy, plausibly alleged by Plaintiffs, to change to criteria by which TPS designations are made.

     

     

    Yet remarkably the Trump Administration literally equivocates on Rule versus Policy, when clearly they can and are often construed as one in the same. 

    Plaintiffs have plausibly alleged that Defendants adopted a new policy which Secretary Nielsen and then
    Secretary Kelly communicated in testimony before Congress...

    Defendants would be required to provide some rationale acknowledging the change in position to provide the “observance of procedure required by law,” 5 U.S.C. § 706(2)(D), even though Defendants would
    not be required to go through a full notice-and-comment process. As addressed above, Defendants
    have given no explanation at all – much less one acknowledging the change in position

     

     Admittedly the Plaintiffs argument and lack of facts supporting the Mandamus Relief was one of their weaker arguments, because the reality is they had failed to exhaust ALL remedies so it wasn’t a Suprise that the Judge dismissed that Count. Conversely the fact the Government had the chutzpah to ask that Donald Trump be released from this Complaint, is laughable partly because the Government argued this lawsuit is “interfering” in Trump’s presidential (yup I’m still NOT capitalizing president) duties is about the most audacious legal argument I’ve read. I mean Trump really does think he’s a king...

     

     

    I would keep an eye on this case because I can almost guarantee you that the Trump Administration will argue “National Security” and cite the recent SCOTUS Trump Muslim Ban as their “new found rationale”, so it bears repeating using National Security claims to defend Donald Trump’s overt hate of black and brown people needs to be called what it is: DONALD TRUMP and his so called Trump Administration are RACIST. And it is crystal clear. DONALD TRUMP HATES Black and Brown People.

    Oh you want to argue with me? I have three words for you and Trump Supporters: Central Park Five.

    Trump’s disrespectful racist Obama was born in Kenya...literally the list of racist things Trump had said and/or tweeted is endless.

     

     

    I mean really the list of how many lies, vulgar and racially charged things that Trump has repeatedly said is actually endless. 

     

    Remember he took out a full page ad, even AFTER DNA evidence exonerated these five men, Trump STILL did not believe they were innocent:

     

     

    No really as recent as 2016 Donald Trump said to CNN:

    “They admitted they were guilty," Trump said this week in a statement to CNN's Miguel Marquez. "The police doing the original investigation say they were guilty. The fact that that case was settled with so much evidence against them is outrageous. And the woman, so badly injured, will never be the same."

     

     And my closing thought, numbers do not lie...

     And YES more numbers because data and facts actually matter. A lot.

     

     

     

    While you're here, throw us a bone.

    Mad Dog is thrilled to have Spicy in our PAC(k). We are proud to provide a space for her tireless, hard hitting, in-depth investigations. But we can’t do it without you.

    Our numbers are growing. Our voices are being heard. Our campaigns are making a difference. Help us, and Spicy, continue to fight the good fight. Consider a donation to help support the work of Mad Dog PAC today.

    DONATE