A federal judge on July 1 blocked the Department of Homeland Security (DHS) from ending Temporary Protected Status (TSP) for hundreds of thousands of Haitian immigrants before the program’s scheduled expiration date.
TPS is a designation that allows individuals from countries affected by armed conflict, natural disasters, or other extraordinary events the ability to remain in the United States.
The Biden administration previously extended Haiti’s TPS designation until Feb. 3, 2026, citing gang violence, political unrest, and natural disasters, according to court filings.
Homeland Security Secretary Kristi Noem reversed the decision in February, saying current conditions in Haiti no longer warranted the designation. Noem initially said Haiti’s TPS designation would end in August but later revised the expiration date to Sept. 2.
In a 23-page order issued July 1, U.S. District Judge Brian Cogan ruled the move was unlawful, stating that Noem lacks either “statutory or inherent authority” to partially vacate a country’s TPS designation.
The ruling came in response to a lawsuit filed by nine Haitian TPS holders, the Haitian Evangelical Clergy Association, and the Service Employees International Union-Local 32BJ, which alleged that Noem did not conduct a required review of conditions in Haiti before shortening the duration of the TPS designation.
Cogan said the plaintiffs are already experiencing harm, noting that Noem’s decision to end the TPS designation is forcing them to prepare to leave the United States five months earlier than expected.
“When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period,” the judge stated. “Plaintiffs have enrolled in schools, taken jobs, and begun courses of medical treatment in the United States in reliance on Haiti’s TPS designation lasting until at least February 3, 2026.”
Cogan also stated in his ruling that he found the injuries experienced by the plaintiffs “far outweigh any harm to the Government from a postponement.”
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