Judge Blocks Trump Removal of Temporary Legal Protections for Haitians

WASHINGTON — A federal judge in New York on Tuesday blocked the Trump administration from ending temporary legal status for more than 500,000 Haitians currently living in the United States.

U.S. District Judge Brian Cogan ruled that abruptly moving up the expiration date of the temporary protected status violated the notice requirement in the governing federal statute.

The Biden administration had extended Haiti’s TPS status through at least Feb. 3, 2026, citing gang violence, political unrest, a major earthquake in 2021 and other factors for the move.

But last week, the Department of Homeland Security announced it was terminating those legal protections as soon as Sept. 2, meaning large numbers of Haitians would face almost imminent deportation. 

The department explained it believed conditions in Haiti had improved to such an extent that Haitians no longer met the conditions for the temporary legal protections.

DHS Secretary Kristi Noem also said the Biden administration had failed to adequately explain the rationale behind its extension of protected status for the Haitians.

Cogan disagreed.

“Secretary Noem’s [decision] was in excess of her authority and was thus unlawful,” he wrote in a 23-page opinion. “[She] cannot reconsider Haiti’s TPS designation in a way that takes effect before Feb. 3, 2026.”

Cogan also emphasized the fact that taking away protections on such short notice does not give Haitian residents proper time to prepare or adjust their lives in a safe manner. 

“When the government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period,” Cogan wrote.

Temporary Status Protections have been extended to Haiti since an earlier devastating earthquake in 2010. 

Since then, the country has been mired in political instability and gang violence. TPS has allowed Haitians to live in the U.S. without fear of deportation and to acquire work authorization documents. 

If  these protections are halted, TPS holders will revert back to their original immigration status, which could put many at risk for deportation. 

Noem has said, “The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home.” 

The Department of State currently categorizes Haiti as a “Level 4: Do Not Travel” due to safety and security risks. 

“Being a Haitian myself, I am definitely scared for the idea of sending people to their death in Haiti, there are no jobs, no infrastructure, no health care, the hospitals were burnt down by gangs, this is one of the most inhumane decisions that the Trump administration has made so far.” said Tessa Petit, executive director of the Florida Immigrant Coalition.

Petit said that while the Biden extension was helpful, the FLIC is still pushing the administration to extend TPS for another six to twelve months beyond February. 

This is the second time the Trump administration has tried to end TPS for Haitian residents. 

During his first term, the administration announced the termination, set to take effect in 2019, but federal courts intervened. The courts restored protections and stated that the Trump administration failed to evaluate the conditions in Haiti and claimed the policy was racially motivated. 

The ruling was made three days after the Supreme Court ruled that federal judges lack the authority to grant nationwide injunctions. However, Cogan did not issue a nationwide injunction on this case, he ruled on a summary judgement motion challenging the power of the secretary to rescind TPS protections. 

The Trump administration has not said whether it will appeal the ruling.

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