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UPDATE: Termination Of Legal Protections For Over 500,000 Haitian Immigrants Blocked By Federal Judge
A federal judge blocked the Trump administration’s effort to terminate temporary protection status (TPS) for over 500,000 Haitian immigrants living in the United States.
TPS designations for the Haitian immigrants would expire on August 3rd, with termination taking effect on September 2nd.
Over 500,000 Haitians Face Deportation After Trump Administration Terminates Legal Protections
“DHS has announced it is terminating Temporary Protected Status (TPS) for more than half a million Haitians in the U.S., arguing that conditions in Haiti have improved enough for them to return home, and allowing the Haitians to remain is contrary to the national interest of the U.S.,” Fox News national correspondent Bill Melugin said last week.
“TPS for these Haitians will expire on 8/3/2025 and the termination will take effect on 9/2/2025, effectively giving the Haitians a little more than 2 months to leave the country or find another form of relief or legal status,” he added.
“This decision restores integrity in our immigration system and ensures that Temporary Protective Status is actually temporary,” a Department of Homeland Security (DHS) spokesperson said.
“The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home. 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 spokesperson added.
BREAKING: DHS has announced it is terminating Temporary Protected Status (TPS) for more than half a million Haitians in the U.S., arguing that conditions in Haiti have improved enough for them to return home, and allowing the Haitians to remain is contrary to the national…
— Bill Melugin (@BillMelugin_) June 27, 2025
U.S. District Judge Brian Cogan in New York rejected the effort in a 23-page decision issued Tuesday.
Judge blocks DHS decision to revoke deportation amnesty for Haitianshttps://t.co/iAGIGRioK5 pic.twitter.com/XzPp6yI4Vn
— The Washington Times (@WashTimes) July 1, 2025
Fox News provided further details:
U.S. District Judge Brian Cogan in Brooklyn rejected those plans on Tuesday, saying Department of Homeland Security (DHS) Secretary Kristi Noem did not follow a timeline and instructions mandated by Congress to reconsider TPS designations for Haitians.
In his decision, Cogan wrote, "Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation." Doing so, he added, made her actions "unlawful."
"Plaintiffs are likely to (and, indeed, do) succeed on the merits," Cogan added.
He went on to say Haitians' interests in living and working in the U.S. "far outweigh" potential harm to the U.S. government.
That being said, the government is still able to freely enforce immigration laws and terminate TPS status as established by Congress.
"The Trump administration has sought to revoke immigration parole programs and protected status for more than a million people from countries including Haiti, Cuba, Nicaragua, Venezuela, Cameroon and Afghanistan," POLITICO noted.
The Supreme Court in May allowed the Trump administration to revoke TPS designation from about 350,000 Venezuelans.
BREAKING: The Supreme Court has allowed the Trump administration to terminate Temporary Protected Status for approximately 350,000 Venezuelans who were protected from deportation and allowed to work in the United States. https://t.co/bo24GkXzIm pic.twitter.com/QvaXHxb1Td
— ABC News (@ABC) May 19, 2025
More from POLITICO:
Cogan’s decision came just four days after Secretary of Homeland Security Kristi Noem announced that the TPS designation for Haitians would expire effective on Sept. 2. Under the Biden administration’s extension, the designation was scheduled to expire on Feb. 3, 2026.
Cogan, an appointee of President George W. Bush, held that Noem’s termination was unlawful because the government ignored provisions in the TPS statute that seek to provide early notice to recipients, including barring termination until a previous extension expires.
The judge noted that Haitian TPS recipients have enrolled in schools, taken jobs and began medical treatment in reliance on the U.S. government’s previous representations about the duration of the protections.
“When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period,” Cogan wrote.
“Secretary Noem cannot reconsider Haiti’s TPS designation in a way that takes effect before February 3, 2026,” the judge added.