A federal judge on Tuesday, July 1, 2025, rejected the Trump administration’s attempt to terminate Temporary Protected Status (TPS) and accompanying work permits for approximately 521,000 Haitian nationals before the program’s scheduled expiration.
The Department of Homeland Security (DHS) had previously rescinded President Joe Biden’s extension of TPS for Haiti, which was set to run through February 3, 2026. However, U.S. District Judge Brian Cogan, presiding in Brooklyn, ruled that Homeland Security Secretary Kristi Noem failed to adhere to the statutory procedures and timeline established by Congress when reconsidering the TPS designation.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Judge Cogan wrote in his opinion, deeming her action “unlawful.” He added, “Plaintiffs are likely to (and, indeed, do) succeed on the merits.”
The judge further emphasized that the Haitian immigrants’ interests in maintaining their ability to live and work legally in the U.S. “far outweigh” any potential harm to the federal government. He noted that immigration laws can still be enforced as prescribed by Congress.
The Biden-era extension of TPS for Haiti was initially granted in response to deteriorating conditions in the country, including violence and political instability, following the devastating 2010 earthquake.
A DHS spokesperson, Tricia McLaughlin, criticized the ruling, stating: “This ruling delays justice and seeks to kneecap the President’s constitutionally vested powers. We expect a higher court to vindicate us.” She also argued that TPS was never intended to function as a “de facto” asylum program.
During his first term, former President Donald Trump faced multiple court challenges to his efforts to end TPS protections for various nationalities. Trump has since reiterated immigration enforcement as a central theme of his current campaign.
The lawsuit challenging the DHS action was filed on March 14 by nine Haitian TPS recipients, a coalition of churches, and a chapter of the Service Employees International Union (SEIU). They argued that Secretary Noem did not conduct the legally required assessment of conditions in Haiti before attempting to rescind TPS.
“While the fight is far from over, this is an important step,” said Manny Pastreich, president of SEIU Local 32BJ, whose members include many Haitian TPS holders.
Haiti continues to face extreme instability, with over a million people — more than half of them children — affected by widespread gang violence, despite the deployment of a United Nations-backed security mission last year.
In addition to Haitians, Secretary Noem has also moved to terminate TPS protections for other groups, including roughly 350,000 Venezuelans and individuals from Afghanistan and Cameroon. The U.S. Supreme Court recently upheld the decision to end TPS for Venezuelans, potentially paving the way for additional terminations.
The plaintiffs also alleged that racial animus contributed to the decision to end TPS for Haitians, citing statements made by Trump, including a controversial remark during a September 2024 presidential debate in which he falsely claimed that Haitian immigrants in Springfield, Ohio were “eating pets.”
