A federal judge ruled the Trump administration could not cut short the protection for migrants from Haiti, which has been under a state of emergency since March 2024.
U.S. District Judge Brian Cogan ruled that the Department of Homeland Security (DHS) violated the law in its rush to strip deportation protections and work permits from over half a million people.
Per CNN, the ruling comes after DHS, under Secretary Kristi Noem, rescinded former President Joe Biden’s 18-month extension of Haiti’s TPS designation earlier this year. Originally extended through February 3, 2026, the Trump administration sought to cut the designation short, first setting a new end date of August 3, then pushing its effective date to September 2 last week.
The ruling came after nine Haitian TPS (temporary protected status) holders and advocacy groups filed a lawsuit in March, arguing that the sudden change upended lives and forced families to prepare for separation earlier than expected.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Cogan wrote, “her partial vacatur must be set aside as unlawful under the (Administrative Procedure Act.)”
Cogan noted in his ruling that the “plaintiffs’ injuries are actual and imminent.”
“If the partial vacatur remains in effect until the final resolution of this case, plaintiffs will lose their right to live and work in the United States based on what the Court has already found was an unlawful action,” Cogan said.
DHS spokesperson Tricia McLaughlin said in a statement that the “ruling delays justice and seeks to kneecap the president’s constitutionally vested powers under Article II. Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto asylum program, yet that’s how previous administrations have used it for decades.”
On June 27, Congresswoman Frederica Wilson released the following statement on the termination of TPS for Haitians:
“Deporting Haitians back to Haiti is a kiss of death. How can the Department of Homeland Security say it’s safe to return to Haiti, while the State Department is still warning Americans not to travel there?
“Haiti is not safe! It’s riddled with gang violence and political turmoil. The poorest country in the Western hemisphere cannot absorb deportees. This news is insanity on steroids, and it is heartbreaking to my community! I urge this administration to reverse their DRASTIC decision on TPS for Haitians. We cannot send anymore people back to Haiti. This ruling is hateful, inhumane, and heartless!”