The Guardian reports on March 12 that the ACLU is preparing to file a lawsuit in the US federal District Court in San Francisco challenging DHS's decision to cancel TPS for 200,000 immigrants from El Salvador, Haiti, Nicaragua and Sudan. According to the new story, a draft copy of the complaint alleges that this latest DHS action violates the Constitutional rights of US citizen children of the TPS holders by forcing the children to leave the United States if they want to stay with their parents.

The article also states:

"The complaint also contends that the administration's restrictive view of the TPS laws was unconstitutional as it was adopted to further the administration's anti-immigrant, white supremacist agenda."

Just as the US 4th Circuit Court of Appeals invalidated one of Trump's Muslim ban executive orders because of the president's strongly expressed "animus" against the entire Muslim religion (not just specific terrorist groups) as a presidential candidate, the above report indicates that the president's equally strongly enunciated hatred and contempt for non-white immigrants in general may be grounds for concluding that his entire set of immigration policies, of which ending TPS is only one part, amount to unconstitutional racial discrimination.

However, while in the Muslim Ban litigation, the Trump administration argued (with highly questionable good faith) that campaign statements were irrelevant to assessing the motives for Trump's actions as president (as if there were no such thing as fulfilling a campaign promise!), no such argument is available in the case of Trump's attack on black and brown-skinned immigrants as a whole.

As The Guardian points out, Trump's notorious "shithole" comment about inhabitants of black and Latino countries was made only two months ago, after he had already been the president for almost a full year.

For The Guardian's full story, see:

When further information becomes available about this lawsuit and the contents of the complaint, the above comments will be updated.

Roger Algase
Attorney at Law