Me Frandley Denis Julien warns against the confusion surrounding the Temporary Protected Status (TPS) file.
Speaking on the show Panel Magik this Tuesday, July 14, lawyer Frandley Denis Julien pointed out that the recent decision by the U.S. Supreme Court does not mean the end of legal proceedings.
He explained that the U.S. administration had asked the Supreme Court to rule on the case urgently, without a formal debate, a move that the legal team representing TPS beneficiaries had opposed. The Supreme Court ultimately took this objection into account.
The lawyer reminded that there are two procedural paths: one that allows the court to rule on the merits of the case, and the other within the framework of an emergency procedure.Mr. Julien points out that Judge Ana Reyes had previously issued an injunction preventing the administration from ending TPS while a decision on the merits was pending. Although the Supreme Court found that the constitutional arguments presented by TPS advocates seemed weak, particularly because it does not view the government’s decision as based on racial discrimination, it did not lift this injunction.
As a result, he explains, the administration still cannot end TPS or detain or deport people with this status. He adds, however, that after its decision, the Supreme Court temporarily retains jurisdiction over the case until a certified copy of its judgment is sent to the lower court, scheduled for July 27.At the same time, the government took the case to the Court of Appeals in Washington DC to try to get this injunction lifted. The lawyers for the TPS recipients have already submitted their report, arguing in particular that the Trump administration is trying to bypass Supreme Court procedures, that the Court of Appeals isn’t yet the right place to review the case, that several government requests have already been rejected, and that most Haitians under TPS have been living in the US since 2010 without posing a public safety threat.
In a joint report submitted to Judge Ana Reyes, the TPS legal team committed to stating by August 31 at the latest whether they plan to modify their constitutional petition to strengthen it. Meanwhile, the government has proposed a procedural schedule stretching until November.According to lawyer Julien, Judge Reyes could, once she is faced with the case again, extend the work permits of TPS beneficiaries, which would allow some Haitians to keep their documents until 2027.
The lawyer also reminds that, while the TPS law normally limits courts’ involvement in executive decisions regarding this program, this restriction doesn’t apply when a challenge is based on alleged violations of the Constitution, which has higher authority than ordinary laws.
Julien nonetheless believes that the chances of success remain low if the legal team doesn’t strengthen its constitutional claim. He notes that several Supreme Court judges have considered the argument based on racial discrimination unconvincing, since the administration ended TPS for thirteen countries.The defense team is currently working on strengthening its argument to convince Judge Reyes to maintain her injunction, said Me Julien.
Me Julien acknowledges that the situation remains particularly difficult for the Haitian community, pointing out the significant psychological impact caused by this uncertainty.
Me Julien urges TPS beneficiaries to exercise extreme caution. He specifically recommends that people who don’t have a driver’s license refrain from driving, stating that U.S. authorities are now using AI tools to identify vehicles owned by unlicensed drivers and target immigrants living in the country without legal status.
