Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

Brooklyn Lawsuit Aims To Revive Protection For Haitian Immigrants


By

Arun Venugopal

and

WNYC Staff

Published Jan 7, 2019

Modified Jan 7, 2019


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .

Gerald Michaud, one of the plaintiffs, says 10 people in Haiti collectively depend on his $300 monthly remittances.

 

Arun Venugopal / Gothamist / WNYC


By

Arun Venugopal

and

WNYC Staff

Published Jan 7, 2019

Modified Jan 7, 2019


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

Attorneys representing a group of Haitian plaintiffs argued that the Trump administration was motivated by racism and a political agenda more than actual evidence when it decided to end Temporary Protected Status for tens of thousands of Haitian immigrants. The program, known as TPS, has allowed Haitians to remain in the U.S. since a devastating 2010 earthquake.

Opening arguments were made in federal court in Brooklyn today before Judge William F. Kuntz, who was appointed by President Obama in 2011.

The lawsuit is one of several moving through federal courts that challenge the Trump Administration’s decision to end TPS for hundreds of thousands of immigrants, including 59,000 Haitians. TPS is designated for nationals coming from countries hit by civil war and natural disasters.

In October, a judge in San Francisco temporarily blocked the administration’s actions, citing the president’s remarks denigrating immigrants, including his widely-reported comment that Haitians, Mexicans and others were “people from shithole countries.”

That remark has figured prominently in the Brooklyn trial as well. When the plaintiffs’ lead attorney, Howard Roin, referred to the president’s “s-hole comment,” using an abbreviated form so as to seemingly not violate court decorum, the judge interrupted and instructed him to say “shithole.”

“Use the term,” Judge Kuntz said. “This is grownup land.”

At the same time, the judge overrode an objection from the government lawyers, who seemed uncomfortable with any mention of the president’s inflammatory remarks.

“Excuse me!” the judge replied. “He’s making opening arguments.”

Roin also argued for the plaintiffs that the president’s racial animus heavily informed the administration’s decisions, and that the Department of Homeland Security “simply deleted inconvenient facts” about the true conditions in Haiti in order to make a case that the country had dramatically recovered from the earthquake.

Citing government emails and other documents, Roin argued that in 2017, then-Homeland Security Secretary Elaine Duke had been pressured by Trump advisor Stephen Miller and others to ignore continuing signs of devastation in Haiti.

“DHS did not even attempt to make a good-faith determination,” said Roin.

Attorneys for the federal government, however, said Duke had independently arrived at her decision to end TPS for Haiti. They argued that the Haitian economy had genuinely improved, that a cholera outbreak caused by U.N. peacekeepers had stabilized after causing thousands of Haitian deaths and that the population of displaced persons living in camps had gone down by 98 percent since its peak.

“Only 38,000 of 2 million Haitians who lost homes were living in camps in October 2017,” said Assistant U.S. Attorney Joseph Marutollo.

However, an expert witness for the plaintiffs challenged that argument.

Ellie Happel, the Haiti Project Director at the NYU School of Law’s Global Justice Clinic, said the majority of those who left camps “left due to forced eviction or threats of forced eviction.” Many of them, she said, returned to homes that remained badly damaged from the 2010 earthquake.

Happel also countered the Trump administration’s claims that Haiti had overcome political crises, arguing that “Haiti is more politically unstable today than it was just after the earthquake.”

Inflation is at “record levels.” Half the Haitian population remains malnourished, and while cholera is no longer the problem it was, Happel said another hurricane could cause the disease to spike once again.

“Haiti,” said Happel, “is unable to safely repatriate its nationals.”

Among the spectators for the legal proceedings was Gerald Michaud, a TPS recipient and one of the plaintiffs. Michaud, 46, said he works three jobs, including one as a security guard at LaGuardia airport, and arrived in the U.S. just days before the earthquake hit Haiti.

“My country is not rebuilt yet,” he said outside the courthouse.

Michaud said he sends $300 each month to friends and family in Haiti, a total of ten people by his count, many of whom are struggling to get by and depend on his remittances.

“I’m here for a lot of people,” he said.

Arun Venugopal is a reporter who focuses on issues of race and immigration at WNYC. You can follow him on Twitter at @arunNYC.

Tagged

donald trump

haiti

immigration

refugees

tps

original


Arun Venugopal

Twitter

Arun Venugopal is a senior reporter for the WNYC and Gothamist Race & Justice Unit who focuses on issues of race and bias in our region. His reporting also tackles the topics of immigration, faith, and inequality. Arun serves as the regular fill-in host of the station's "U.S. of Anxiety" program. Arun was the creator and host of Micropolis, a series about race and identity. He is a contributor to NPR's Morning Edition and All Things Considered. He has appeared on PBS Newshour, On the Media and Studio 360, and has been published in The Guardian, The Wall Street Journal and Salon. He also frequently serves as an emcee and moderator of panel discussions on race, religion, and identity issues and has been a guest host of NPR's "Fresh Air." He lives with his family in Queens.

Read more

WNYC Staff

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Queens man found dead, police say, and injured woman is his mother, neighbors say

Police are investigating a related incident in which a 62-year-old woman was found injured beneath the Van Wyck Expressway.

By

Charles Lane

Published Oct 14, 2026 at 7:39 p.m. ET


Man shot by ICE in NYC's Marble Hill said federal officers never identified themselves

The wounded man said he didn't learn ICE agents were involved until he woke up in the hospital.

By

Arya Sundaram

and

Samantha Max

News

Man shot by ICE in NYC's Marble Hill said federal officers never identified themselves

The wounded man said he didn't learn ICE agents were involved until he woke up in the hospital.

By

Arya Sundaram

and

Samantha Max


Brooklyn school dean says MTA officers assaulted him over a $3 bus fare he says he paid

By

Carol Chen

National Grid customers in NYC will see higher gas bills this winter

By

Rosemary Misdary

Bruce Blakeman joins Gov. Hochul in support for expanding NY rape law

By

Jon Campbell


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .