“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach to Remedying the Trump Administration’s Cancellation of TPS Protections for Haitians

• DOI: 10.36643/mjrl.26.1.we
• Publication Date: 2021-03-05T18:38:39Z
• Authors: Sarah Baranik de ...; David Secor; Norma Fuentes-May...
• Keywords: Immigration reform

This Article places the Trump Administration’s decision to cancel TPS for Haitians within longer history of U.S. racism and exclusion against Haiti Haitians, observes legal challenges this their limitations, imagines a future that repairs harms caused by past current racist policies. First, briefly outlines exclusionary, race-based immigration laws in United States, specifically how framework, coupled with existing anti-Black ideologies directly impacted Haitian immigrants arriving States. Next, provides an overview decision-making process, openly comments other people color before during process TPS, departure from established administrative cancellation. The then reviews cancellation arguments violated Equal Protection Clause such efforts reveal limitations litigation as tool achieve social justice. Looking towards future, discusses reparations remittances creative ways repair some damage wrought States’ racial discrimination foreign policy Haitians. Specifically, explores three solutions: (1) recognizing exclusionary affairs policies; (2) using material non-material forms reparations, including extending offering pathway citizenship holders, or recipients benefits public programs; (3) valuing role play affirming Haitians’ autonomy working eroding decades imperialistic treatment