Federal Judge Blocks Trump-Era Attempt to End Deportation Protections for Over 500,000 Haitian Immigrants

A protester holding a sign urging for the renewal of protected status for Haitians

A federal judge has blocked the Trump administration’s attempt to prematurely terminate Temporary Protected Status (TPS) and work permits for approximately 521,000 Haitian immigrants, ruling the move unlawful and in violation of congressional procedure.

U.S. District Judge Brian Cogan, presiding in Brooklyn, ruled that Homeland Security Secretary Kristi Noem failed to comply with the timeline and statutory instructions mandated by Congress when she rescinded Democratic President Joe Biden’s extension of TPS for Haitians. That extension was intended to run through February 3, 2026.

In February, the Department of Homeland Security announced the termination of TPS for Haitians by August 3, later pushing the expiration date to September 2. However, Judge Cogan stated that Noem had no legal authority to partially revoke a country’s TPS designation, declaring her actions unlawful.

“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” the judge wrote. “Plaintiffs are likely to (and, indeed, do) succeed on the merits.” He further emphasized that the interests of Haitian TPS holders in maintaining their lawful presence in the United States “far outweigh” any claimed harm to the federal government, which still retains its ability to enforce immigration law as prescribed by Congress.

The lawsuit challenging the termination was filed on March 14 by nine Haitian TPS holders, a church association, and a chapter of the Service Employees International Union (SEIU), alleging that Noem had failed to conduct a mandatory review of current conditions in Haiti. The country remains gripped by gang violence and widespread displacement, with over 1 million people—more than half of them children—currently homeless.

TPS was initially granted to Haitians following the devastating 2010 earthquake and extended under several administrations. Critics of the early termination say the program was never meant to serve as a permanent solution but must still be subject to legal process.

The Department of Homeland Security defended its decision, asserting that TPS was never intended to act as a substitute for asylum. Homeland Security spokesperson Tricia McLaughlin condemned the ruling as an overreach of judicial authority, calling it an attempt to undermine the president’s constitutional powers. She added that the administration expects a higher court to overturn the decision.

The ruling comes amid a broader crackdown on both legal and illegal immigration by Republican presidential candidate Donald Trump. Trump’s administration previously attempted to terminate TPS for several countries, but those efforts were largely blocked by federal courts during his first term.

Secretary Noem, a key Trump ally on immigration policy, has also sought to end TPS protections for approximately 350,000 Venezuelans, along with thousands of Afghans and Cameroonians. In May, the U.S. Supreme Court allowed the termination of TPS for Venezuelans, signaling that other terminations may proceed if properly executed.

In addition to procedural violations, Haitian plaintiffs argued that the early cancellation of their TPS status was partly driven by racial animus, violating their constitutional right to equal protection under the law. Controversy over anti-immigrant rhetoric intensified after Trump falsely claimed during a 2024 debate that Haitian immigrants in Springfield, Ohio, were “eating pets,” a remark that drew condemnation and incited fear in immigrant communities.

SEIU Local 32BJ President Manny Pastreich welcomed the ruling, calling it an important legal milestone. “While the fight is far from over, this is an important step,” he said.