Donald Trump A proposal to deport hundreds of thousands of undocumented Haitian migrants has been rejected by a court in New York.
A federal district court judge based in Brooklyn dismissed President Trump’s proposals to End Temporary Protected Status (TPS) for 520,000 Haitian immigrants living in the U.S.
The Temporary Protected Status (TPS) designation was scheduled to end on August 3, with the termination taking effect starting September 2.
However, U.S. District Judge Brian Cogan stated that Department of Homeland Security (DHS) Secretary Kristi Noem acted contrary to the schedule outlined by Congress to review the classification assigned to individuals migrating from the Caribbean island.
"Secretary Noem lacks both statutory and inherent power to partially revoke a nation’s Temporary Protected Status (TPS) designation," Cogan stated in his ruling issued on Tuesday.
He stated that her efforts to terminate the status were "not lawful."
Nevertheless, the federal government retains full authority to enforce immigration regulations and discontinue Temporary Protected Status at will.
The decision was announced on the very day that Trump and Noem joined Governor Ron DeSantis at the Florida Everglades for a tour of the newly established immigration detention facility nicknamed "Alligator Alcatraz."
This center has been built with capacity for accommodating as many as 5,000 immigrants at one time supporting the government’s broader strategy of large-scale deportations.
Days prior to Judge Cogan’s ruling, DHS stated that ending Temporary Protected Status (TPS) for Haitian nationals reinforces that the program provides only temporary relief and should not be seen as an alternative pathway to obtaining permanent residency, citizenship, or other forms of authorization to reside and work legally in the United States.
They assert that it reinstates fairness within America’s immigration framework and lawful processes.
"The environmental conditions in Haiti have improved sufficiently to ensure the safety of returning Haitian nationals," stated a representative on Friday.
We urge these individuals to make use of the Department’s available support for their return to Haiti, which can be coordinated via the CBP Home application. Those who are Haitian citizens may also explore options for obtaining legal status by submitting relevant immigration applications, provided they meet eligibility requirements.
The Immigration Act of 1990 established Temporary Protected Status (TPS) to provide individuals from certain foreign countries the opportunity to live temporarily in the United States when their homelands experienced armed conflict, environmental catastrophes, civil unrest, or other dangerous situations.
The program can be extended in periods of 18 months each.
Haitian nationals initially received Temporary Protected Status (TPS) from the United States in 2011 following severe devastation caused by two hurricanes hitting the impoverished Caribbean country.
In both 2013 and 2015, the status was renewed for 18 months each time. Following the 2015 decision to maintain Temporary Protected Status (TPS), an extension of six additional months was granted in 2017, setting an expiration date of July 22, 2019. However, this deadline was postponed due to ongoing legal challenges.
The Temporary Protected Status (TPS) designation was renewed for an additional 18 months starting in May 2021, as a result of continued instability in Haiti stemming from political turmoil, violations of human rights, and financial difficulties. This protection was further prolonged once more on December 5, 2022.
The prior government had renewed it on June 28, 2024, setting expiration for February 3, 2026, covering all Haitians residing in the United States as of June 3, 2024. However, Noem revised this timeline on February 20, 2025, moving the expiry date forward to August.
Cogan states that she lacks the authority to alter the expiration date beyond the 18-month extension set forth by Congress.
In his ruling, Cogan stated that Haitian immigrants' desire to live and work in the United States significantly surpasses any possible negative impact on the federal government.
It remains uncertain whether that constitutes a valid legal basis for overturning the federal government’s decision to terminate Temporary Protected Status (TPS) for Haitian nationals and deport undocumented immigrants residing in the United States.
Noem initially chose to terminate TPS for these immigrants following an assessment of a USCIS report indicating that Haiti no longer satisfied the legal criteria necessary for granting foreign nationals this form of protected status.
Haitian individuals residing in the United States under Temporary Protected Status (TPS) have been urged by the Department of Homeland Security (DHS) to utilize the CBP One™ mobile application to obtain a free boarding pass for flights returning them to Haiti. Additionally, eligible persons choosing voluntary deportation will receive an incentive payment of $1,000 upon leaving the country.
Read more