Trump's mass deportation plans for Haitian migrants hit with setback
But U.S. District Judge Brian Cogan (pictured) said that Department of Homeland Security (DHS) Secretary Kristi Noem went against the timeline set forth by Congress to reconsider the designation for migrants from the Caribbean island. 'Secretary Noem does not have statutory or inherent authority to partially vacate a country's TPS designation,' Cogan wrote in his Tuesday decision.
He said that her actions to end the status were 'unlawful.' The federal government, however, can still freely enforce immigration laws and terminate TPS. The ruling came down the same day that Trump and Noem were in the Florida Everglades with Gov. Ron DeSantis to visit the new immigration detention center dubbed 'Alligator Alcatraz.'
The facility is designed to hold up to 5,000 migrants and supports the administration's mass deportation agenda. DHS said days before Cogan's ruling that the decision to end the TPS for Haitians ensures it is only a temporary status and not a tool used to circumvent the traditional route to gain citizenship or other documentation to live and work in the U.S.
They claim it restores integrity of the U.S. immigration system and legal pathways. 'The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,' a spokesperson said on Friday. 'We encourage these individuals to take advantage of the Department's resources in returning to Haiti, which can be arranged through the CBP Home app. Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible.'
The Immigration Act of 1990 created TPS with the intention of allowing residents of foreign countries to seek refuge in the U.S. while their home nations were facing war, natural disasters, political uprisings or other unsafe conditions. The program is able to be extended in 18-month increments.
Haitians were first granted TPS by the U.S. in 2011 after two hurricanes rocked the poor island nation. In 2013 and 2015 the status was extended for 18-month periods each time. At the end of the 2015 decision to continue TPS, in 2017 it was extended for six more months with a termination of July 22, 2019. But that easy delayed by lawsuits.
In May 2021 the TPS status was redesignated for 18 months due to the ongoing political crisis in Haiti along with human rights abuses and economic challenges. On December 5, 2022 it was extended again. The previous administration extended it on June 28, 2024 to expire on February 3, 2026 for any Haitians living in the U.S. as of June 3, 2024. But Noem amended this on February 20, 2025 an d set it to expire in August.
Cogan claims that she cannot redesignate the expiration outside the 18-month extension period laid out by Congress. Cogan wrote in his decision that Haitians' interest in living and working in America 'far outweigh' potential harm to the U.S. government. It's unclear whether that's a sound legal justification for ruling against the federal-level decision to end TPS for Haitians and remove migrants living in the U.S. without permanent status.
Noem originally decided to revoke TPS from these migrants after reviewing a U.S. Citizenship and Immigration Services (USCIS) report showing that Haiti no longer met the statutory requirements that grant foreign residents the ability to obtain this protection status. Haitians living in the U.S. under TPS are encouraged by DHS to use the CBP Home app to secure a complimentary ticket for a departure flight home to their island along with a $1,000 exit bonus for those who voluntarily leave.
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