A US federal judge has halted the Trump administration’s effort to prematurely terminate deportation protections and work permits for over half a million Haitian immigrants. The judge in his ruling said that the move is unlawful and procedurally flawed.
Judge Cites Violation of Congressional Mandate on Haitian Immigrants
US District Judge Brian Cogan, sitting in Brooklyn, ruled that Homeland Security Secretary Kristi Noem did not does not have the authority and did not comply with the procedures and timelines set by Congress. Neom tried to attempt to revoke Temporary Protected Status (TPS) for Haitian nationals.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Cogan wrote in his decision.
He added that the plaintiffs “are likely to (and, indeed, do) succeed on the merits” of their case.
Cogan also noted that the interests of Haitian immigrants in continuing to live and work in the US “far outweigh” any potential harm to the federal government, which still retains its authority to enforce immigration laws and end TPS through the proper legislative process.
Kristi Noem’s DHS Had Planned to End TPS Early For Haitian Immigrants
Earlier this year, the Department of Homeland Security reversed President Joe Biden’s extension of TPS for Haitians, which had been set to run through February 3, 2026. DHS initially announced it would terminate the program on August 3 but later extended the end date slightly to September 2.
TPS for Haitians was originally granted following the devastating 2010 earthquake in the country. In a statement responding to the court’s decision, DHS spokesperson Tricia McLaughlin said the program was “never intended as a de facto asylum program.”
“This ruling delays justice and seeks to kneecap the President’s constitutionally vested powers,” McLaughlin said. “We expect a higher court to vindicate us.”
Plaintiffs Argue Lack of Review on Haitian Immigrants Conditions
The lawsuit challenging DHS’s decision was filed on March 14 by nine Haitian TPS holders, an association of churches, and a chapter of the Service Employees International Union. The plaintiffs argued that Secretary Noem before moving to end TPS protections, failed to conduct the legally required review of conditions in Haiti.
Conditions in Haiti remain dire ad the gang violence and widespread displacement continues. More than 1 million people are currently displaced within the country. Over half of them are children. UN last year launched a security mission however, condition are yet to improve.
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