https://www.aclusocal.org/sites/default/files/ntpsa_ii_complaint_filed.pdf
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
NATIONAL TPS ALLIANCE, DENIS MOLINA, JHONY SILVA, MARIA ELENA HERNANDEZ, O.C., SANDHYA LAMA, S.K., TEOFILO MARTINEZ
Plaintiffs, v.
KRISTI NOEM, in her official capacity as Secretary of Homeland Security, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, and UNITED STATES OF AMERICA,
Defendants
The gist of the complaint on page 1:
"... 3. The TPS terminations of Honduras, Nepal and Nicaragua were unlawful because they were not based on an objective review of country conditions, as statutorily required, but instead the product of a preordained decision to terminate TPS and search for a rationale to support the end result. The decisions are thus arbitrary and capricious, contrary to law, and pretextual in violation of the Administrative Procedure Act (“APA”).
4. The Secretary’s decisions were also unlawful because they provided only 60-days notice before her termination decisions take effect, leaving TPS holders who have lived lawfully in this country for decades with barely any time to prepare for the end of their legal status and employment authorization. No TPS termination decision in the last twenty years—including during the first Trump Administration—had ever provided so little notice for people who have had TPS for so long. Secretary Noem’s termination decisions are the first. The Secretary’s failure to provide additional time as part of an orderly transition period is an unacknowledged and unexplained deviation from historical practice that violates the Administrative Procedure Act.
5. The Secretary’s decisions also were motivated at least in part by intentional race- and national-origin-based animus, in contravention of the Fifth Amendment. Although it has become increasingly normalized, the fact remains that Secretary Noem, President Trump, and members of the Trump campaign and administration have consistently used racist invective to describe their TPS decisions involving immigrants from non-white, non-European countries, including those involving the countries at issue here.
6. For each of these reasons, this Court should set aside the agency’s unlawful termination orders...."
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