SPRINGFIELD — A federal court has ordered the government to clarify if it is planning to mobilize immigration officers in Springfield ahead of the planned termination of protections for Haitian nationals.
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The order specifies that the government must submit a sworn declaration from a senior Department of Homeland Security official by 10 a.m. Tuesday.
This comes after the Trump administration appealed a federal judge’s decision that blocked the U.S. Department of Homeland Security from ending the Temporary Protected Status (TPS) that has allowed roughly 350,000 Haitians to live and work in the U.S.
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The court highlighted a potential contradiction in the government’s legal arguments regarding “irreparable harm.”
While the government argues a stay is necessary, it previously characterized the possibility of detaining or removing Haitian nationals as “remote conjecture,” “speculation,” and “theoretical” if the termination proceeded
“Either the Government does not have any concrete plans to detain and initiate removal proceedings against Haitian TPS holders if the Court stays its decision pending litigation and therefore its own irreparable harm argument is suspect,” the court stated. “Or the Government does have such concrete plans and therefore its argument that Plaintiffs will suffer no ‘irreparable harm’ is suspect.”
Regarding the legal timeline, the court noted that the government took three business days to file its motion, but requested a ruling within one business day and three hours.
The court determined that the plaintiffs should be afforded at least as much time as the government to brief their opposition, noting that the government had not identified a basis for its “rushed timetable.”
At an upcoming hearing, the court expects the government to explain how the stay factors weigh in its favor.
If the government has taken no action in anticipation of the termination, the senior member of the Department of Homeland Security must state that in the required sworn declaration.
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