A federal judge ruled on Tuesday that the Trump administration cannot bring Haiti’s temporary protected status (TPS) to an early end. This came just days after Homeland Security Secretary Kristi L. Noem said the protection for Haitian immigrants would finish by September.
Judge Brian M. Cogan of the Eastern District of New York, who was appointed by former President George W. Bush, said Noem’s decision went against the law. He ruled that the status must continue until February 3, which is the original end date.
Noem had tried to cut the period short earlier this year. The Department of Homeland Security (DHS) says that about 520,000 Haitians in the United States are eligible for TPS, with about 350,000 already approved.
Conditions in Haiti have become so unsafe that the U.S. State Department is telling Americans not to travel there. Since March 2024, the country has been under a state of emergency due to rising crime, kidnappings, unrest, and poor access to health care.
Legal Protection Under TPS and Ongoing Issues
When someone receives TPS, they are allowed to stay and work in the United States because of extreme problems back home like war or natural disaster. Seventeen countries are currently included in this protection, such as Lebanon, Nepal, Ukraine, and Yemen.
Under Noem’s leadership, DHS also announced plans to cancel TPS for other countries like Venezuela and Afghanistan. These decisions have sparked legal challenges as well. In May, the U.S. Supreme Court agreed that the Trump administration could remove TPS for some Venezuelans while the lawsuits are still active.
Each TPS designation lasts between six and eighteen months. Haiti first received this protection in 2010 after it suffered a massive earthquake. Since then, the status has been extended several times.
During Trump’s first term, DHS attempted to cancel Haiti’s designation back in 2018. But that action was blocked while the case went to court. The Biden administration later decided to reinstate TPS for Haiti, and the most recent extension happened in July 2024. It gave the program another 18 months of validity.
After Judge Cogan made his ruling, DHS Assistant Secretary Tricia McLaughlin released a statement. She explained that Haiti’s TPS began over 15 years ago after an earthquake and said it was not meant to act as a permanent protection like asylum. She also said the Trump administration expects that a higher court will eventually support their side of the argument.
Lawyers working on behalf of the Haitian plaintiffs argued that cutting the TPS short gave people too little time to prepare for their return. Judge Cogan agreed, stating that when the government gives a benefit for a set amount of time, it should be fair for people to expect it to last that long.
He also said that laws passed by Congress decide the process for ending TPS. While DHS still has the power to stop the status for a country, it must follow the proper legal steps already outlined by lawmakers.
