Federal judge blocks Trump administration's early termination of temporary protected status for Haitian migrants
The ruling comes after DHS, under Secretary Kristi Noem, rescinded former President Joe Biden's 18-month extension of Haiti's TPS designation earlier this year. Originally extended through February 3, 2026, the Trump administration sought to cut the designation short, first setting a new end date of August 3, then pushing its effective date to September 2 last week.
In a decision issued Tuesday, US District Judge Brian Cogan said Noem failed to follow the timeline and procedures mandated by Congress, including a review of current conditions in Haiti 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.)'
He added that 'plaintiffs' injuries are actual and imminent. They cannot be remedied by an award of money damages. 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.'
CNN has reached out to DHS for comment.
The lawsuit, filed in March by nine Haitian TPS holders and advocacy groups including the Haitian Evangelical Clergy Association and Service Employees International Union 32BJ, argued that the sudden rollback upended lives and forced families to prepare for deportation far earlier than expected.
Cogan, a George W. Bush appointee, said the plaintiffs are likely to succeed on the merits and ordered the government to keep Haiti's TPS designation in place until at least February 2026, unless it is lawfully terminated. The ruling does not prevent DHS from ending the designation in the future—so long as it complies with statutory requirements.
A related case, Haitian Americans United Inc. v. Trump, is also underway in federal court in Massachusetts, raising similar claims.
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