The Trump administration was prevented on Tuesday by a federal judge in New York from terminating the temporary legal status of over 500,000 Haitians who are currently in the country.
Judge Brian M. Cogan of the New York District Court decided that it is illegal to extend the temporary protected status, or TPS, for Haitians, some of whom have been in the US for almost ten years, by at least five months.
According to court filings, the Biden administration extended Haiti’s TPS designation through at least February 3, 2026, citing a number of reasons, including a significant earthquake in 2021, political upheaval, and gang violence.
However, the Department of Homeland Security said last week that it will be ending such legal protections as early as September 2, potentially leading to the expulsion of Haitians. According to the agency, Haitians no longer qualified for the temporary legal safeguards because the country’s circumstances had improved.
As part of his pledges to carry out mass deportations, President Donald Trump is working to terminate programs and protections for immigrants.
The Department of Homeland Security’s decision to end the legal protections early is a violation of the TPS Act, which stipulates that a specific amount of notice must be given before a designation is reconsidered, according to the judge’s 23-page opinion.
According to the verdict, a recipient might legitimately anticipate receiving a benefit from the government for the duration of the specified period, at least until the conclusion of that time frame.
With the hope that the nation’s TPS designation would last until the end of the year, the plaintiffs have started working, attending classes, and receiving medical care, the judge added.
Homeland Security Department spokesperson Tricia McLaughlin predicted that the Trump administration would win out in the end and that its predecessors had viewed TPS as a de facto asylum program.
“We anticipate that a higher court will support the Trump administration’s efforts to restore the integrity of our immigration system in order to protect our country and its citizens. According to McLaughlin, we have the facts, the law, and common sense on our side.
Although the verdict is a significant step, the battle is far from finished, according to Manny Pastreich, president of the Service Employees International Union Local 32BJ, which brought the complaint.
Pastreich stated in a statement, “We will continue to fight to ensure that this decision is upheld.” “In the streets, at work, and in the courts, we will continue to fight the Trump Administration for the rights of our members and all immigrants. And we prevail when we battle.”
An email from The Associated Press seeking comment was not immediately answered by DHS. However, the administration had maintained that because TPS is a short-term program, beneficiaries should always be prepared for the chance that their country’s TPS designation would be revoked.
The lawsuit claims that Haiti’s TPS designation has been renewed several times since it was first activated in 2010 following the devastating earthquake.
According to a report by the International Organization for Migration, gang violence has forced 1.3 million people to flee their homes throughout Haiti as the local authorities and international community grapple with the escalating issue. According to the report, since December, the number of displaced individuals has increased by 24%, with 11% of Haiti’s approximately 12 million residents having been driven from their homes by gunmen.
The Trump administration was permitted by the Supreme Court in May to deprive 350,000 Venezuelans of their Temporary Protected Status, which might result in their deportation. An order from a federal judge in San Francisco that maintained the legal protections was placed on hold.
The New York judge’s ruling also follows the Trump administration’s move to strip thousands of Haitians who entered the country lawfully through a humanitarian parole program of their legal protections.
