A federal judge on Monday night halted the termination of protections that have enabled approximately 350,000 Haitians to reside in the United States, delivering another legal setback to President Donald Trump’s immigration policies, albeit possibly a temporary one. U.S. District Judge Ana Reyes in Washington granted a request to delay the termination of Temporary Protected Status (TPS) for Haitians while a lawsuit challenging it moves forward. The termination, scheduled for the following day, was deemed null and void by the judge. In an 83-page opinion, Reyes indicated that the plaintiffs were likely to succeed in the case, suggesting that Homeland Security Secretary Kristi Noem’s decision to end TPS may have been influenced by racial bias.
The ruling offers temporary relief to Haitians, but the next legal steps remain uncertain. Department of Homeland Security (DHS) spokesperson Tricia McLaughlin criticized the ruling as “lawless activism,” highlighting that Haiti’s TPS was initially granted after an earthquake over 15 years ago and was not intended as a long-term amnesty program. The judge, appointed by former President Joe Biden, emphasized that while the DHS secretary has substantial policy-making authority, it is not unlimited and consultation with other agencies on conditions in Haiti is required.
Temporary Protected Status is granted by the homeland security secretary when home countries are deemed unsafe due to natural disasters, political instability, or other hazards. Although it allows TPS holders to live and work in the U.S., it does not offer a direct path to citizenship. Haiti’s TPS status was first activated in 2010 following a devastating earthquake and has been extended multiple times. The nation continues to grapple with rampant gang violence and faces challenges with upcoming elections.
The ruling also criticized Noem for not consulting with relevant officials before making the termination decision. The judge highlighted the plaintiffs’ diverse backgrounds, including a neuroscientist, a software engineer, a nurse, a laboratory assistant, and a college student, refuting derogatory comments made by President Trump during his campaign. The court acknowledged reports of threats and discrimination against Haitian migrants in Ohio, emphasizing the need for a more humane approach to immigration policy.
The Trump administration’s efforts to end temporary protections, leading to increased deportations, have faced legal challenges. In addition to Haitian migrants, protections for individuals from Venezuela, Honduras, Nicaragua, Nepal, Ukraine, Afghanistan, and Cameroon have also been terminated, prompting ongoing legal battles.