Judge blocks Trump's early termination of temporary protections for Haitian immigrants
The ruling Friday from U.S. District Judge Brian Cogan preserves, for now, the Biden administration's 2024 extension of the protections, known as 'temporary protected status,' for up to 500,000 Haitians living in the United States.
Cogan's 23-page decision is the latest legal development in the administration's efforts to roll back TPS designations and other immigration programs that allow immigrants from countries facing humanitarian crises to live and work here legally. In a separate case, the Supreme Court in May lifted a lower-court ruling and allowed the administration to revoke a Biden-era TPS designation for about 350,000 Venezuelans.
Cogan's decision came just four days after Secretary of Homeland Security Kristi Noem announced that the TPS designation for Haitians would expire effective on Sept. 2. Under the Biden administration's extension, the designation was scheduled to expire on Feb. 3, 2026.
Cogan, an appointee of President George W. Bush, held that Noem's termination was unlawful because the government ignored provisions in the TPS statute that seek to provide early notice to recipients, including barring termination until a previous extension expires.
The judge noted that Haitian TPS recipients have enrolled in schools, taken jobs and began medical treatment in reliance on the U.S. government's previous representations about the duration of the protections.
'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,' Cogan wrote.
'Secretary Noem cannot reconsider Haiti's TPS designation in a way that takes effect before February 3, 2026,' the judge added.
TPS designations are based on conditions in a particular country, including whether there is armed conflict, civil strife or widespread human rights violations. Noem said the 'environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home.' The State Department, meanwhile, advises Americans to 'not travel to Haiti due to kidnapping, crime, civil unrest, and limited health care.'
The Trump administration has sought to revoke immigration parole programs and protected status for more than a million people from countries including Haiti, Cuba, Nicaragua, Venezuela, Cameroon and Afghanistan.
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