A federal judge in New York blocked the Trump administration’s attempt to end temporary deportation protections and work permits for approximately 521,000 Haitian immigrants before the scheduled expiration of their Temporary Protected Status (TPS). U.S. District Judge Brian Cogan, in Brooklyn, ruled on Tuesday that Homeland Security Secretary Kristi Noem failed to follow Congress-mandated instructions and timelines when attempting to prematurely end the TPS designation.
In February, the Department of Homeland Security (DHS) rescinded Democratic President Joe Biden's extension of TPS for Haitians, initially set to expire on February 3, 2026, and instead aimed to end the protections by August 3. DHS later pushed this termination date back to September 2. Judge Cogan, however, described Noem’s actions as "unlawful," highlighting her lack of statutory or inherent authority to partially vacate Haiti’s TPS designation. He concluded that Haitian plaintiffs were likely to succeed on the merits of their case.
Judge Cogan, appointed by Republican President George W. Bush, emphasized in his ruling that the harm caused to Haitians by prematurely losing their ability to live and work legally in the United States significantly outweighed any potential harm to the U.S. government. Despite the ruling, DHS remains able to enforce immigration laws and terminate TPS in accordance with congressional guidelines.
Tricia McLaughlin, a DHS spokesperson, criticized the decision, claiming it "delays justice" and undermines presidential powers. The government is expected to appeal the decision.
The lawsuit was filed by nine Haitian TPS holders, an association of churches, and a chapter of the Service Employees International Union (SEIU) on March 14. Plaintiffs accused Noem of failing to adequately review current conditions in Haiti before attempting to end TPS protections. Haiti continues to face severe gang violence, affecting more than a million residents, many of whom are children, despite a UN-backed security initiative launched last year.
Manny Pastreich, president of SEIU Local 32BJ, welcomed the ruling as an "important step," though he acknowledged the broader legal battle remains ongoing.
TPS protections for Haiti were originally granted following a devastating earthquake in 2010. Noem has aligned closely with President Trump's immigration policy stance, having also sought to end TPS protections for Venezuelan, Afghan, and Cameroonian immigrants. In May, the U.S. Supreme Court allowed the termination of TPS for approximately 350,000 Venezuelans, potentially setting a precedent for other TPS-related cases.
Additionally, the Haitian plaintiffs alleged racial bias motivated the decision to terminate their TPS, citing President Trump’s controversial remarks during a September 2024 debate with Democratic candidate Kamala Harris, accusing Haitian immigrants in Ohio of consuming pets, a comment widely condemned as inflammatory and racially charged.
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