Gibson Dunn Pro Bono Team Files Amicus Brief on Behalf of Former Ohio Attorneys General With U.S. Supreme Court in Trump v. Miot
Firm News | March 19, 2026
A Gibson Dunn pro bono team has filed an amicus brief on behalf of a bipartisan group of former Ohio Attorneys General with the U.S. Supreme Court in Trump v. Miot. The brief supports Haitians holding Temporary Protected Status (TPS) who won a judgment in the district court postponing termination of Haiti’s TPS designation.
The question is whether the Secretary of the Department of Homeland Security acted lawfully when she terminated Haiti’s TPS designation. The federal district court in D.C. held that the termination order was arbitrary and capricious under the Administrative Procedure Act and that it was likely motivated by racial animus, violating the equal protection clause of the Fourteenth Amendment. The district court postponed the termination, and the D.C. Circuit subsequently denied the government’s request for a stay pending appeal.
The amicus brief counsels against staying the district court’s order. It explains that Haitian TPS holders contribute substantially to Ohio’s economy and their local communities and that Haitian immigrants have far lower rates of criminality than even U.S. citizens. The government’s failure to consider these and other crucial factors rendered its termination order arbitrary and capricious. At its March 16 conference, the Court granted certiorari before judgment and consolidated the case with Noem v. Doe, a similar case regarding termination of Syria’s TPS designation.
Our team included partner Richard W. Mark and associates Apratim Vidyarthi, Sanjay Nevrekar, Nabil Shaikh, Mckenzie Robinson, Alice Yiqian Wang, and Kevin K. Wang.