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A federal judge has blocked the Trump administration's attempt to end temporary protected status for Haitian migrants earlier than scheduled.
Earlier this year, Department of Homeland Security Secretary Kristi Noem rescinded President Joe Biden's 18-month extension of Haiti's temporary protected status (TPS) designation, which offered deportation protections and work permits for over 500,000 Haitian migrants through February 3, 2026. The Trump administration aimed to terminate the designation earlier than scheduled, initially setting an end date of August 3 before later pushing it to September 2.
U.S. District Judge Brian Cogan ruled Tuesday (July 1) that DHS violated the law in its early termination attempt, per CNN. Cogan said Noem failed to follow the timeline and procedures mandated by Congress, including a review of Haiti's current conditions, before ending TPS.
“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.)”
The ruling came after nine Haitian TPS 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.
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.
Cogan ordered the Trump administration to keep Haiti’s TPS designation in place until at least February 2026, unless it is lawfully terminated. However, the ruling doesn't stop DHS from ending the designation in the future if it complies with statutory requirements.
In a statement, DHS spokesperson Tricia McLaughlin said the “ruling delays justice and seeks to kneecap he 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.”
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