2-1 ruling emphasizes severe dangers of return amid gang violence and collapsing rule of law; administration may appeal to Supreme Court
In a major victory for Haitian Temporary Protected Status (TPS) holders, the U.S. Court of Appeals for the District of Columbia Circuit has upheld a lower court’s decision blocking the Trump administration from ending TPS for Haiti.
In a 2-1 ruling issued Friday, the appellate court denied the government’s emergency request to lift U.S. District Judge Ana C. Reyes’s February 2 stay, which had halted the Department of Homeland Security’s (DHS) termination order set to expire February 3.
The majority opinion, written by Judges Florence Pan and Brad Garcia (both Biden appointees), found that returning Ha
itians to their homeland would expose them to “severe dangers,” including widespread gang violence, a “collapsing rule of law,” and inadequate access to essential medical care. The court
stated:
“The government’s failure to meet its burden of demonstrating irreparable harm alone justifies denying emergency relief that would upend the status quo and increase uncertainty while this appeal proceeds.”
The decision rejected the administration’s request to pause Judge Reyes’s order while the appeal moves forward. The appellate court distinguished the Haitian TPS case from similar litigation involving Venezuelans, where the Supreme Court had allowed terminations to proceed.
In dissent, Judge Justin Walker (a Trump appointee) argued the cases were “fraternal, if not identical, twins” and that the majority’s reasoning was inconsistent with prior precedent.
Background & Stakes
DHS Secretary Kristi Noem announced in November 2025 the intention to end TPS for Haiti as part of broader immigration enforcement priorities, arguing conditions in Haiti had improved sufficiently for safe returns. Judge Reyes’s initial ruling found the decision likely arbitrary and capricious under the Administrative Procedure Act, citing DHS’s failure to follow required protocols and the ongoing humanitarian crisis in Haiti.
The stay protects more than 350,000 Haitian TPS holders , many living and working legally in the U.S. for over a decade — from deportation and loss of work authorization while litigation continues. TPS beneficiaries contribute billions to the U.S. economy through labor in healthcare, construction, hospitality, and other sectors.
The administration is expected to seek further review, potentially escalating the case to the U.S. Supreme Court.
Immigrant rights groups and Haitian community leaders have hailed the appellate decision as a critical safeguard, while urging continued advocacy and preparation amid uncertainty.
L’Union Suite will track the appeal’s next steps, any Supreme Court involvement, and updates from DHS/USCIS. Haitian TPS holders should consult accredited immigration attorneys or trusted organizations for personalized guidance.
Solidarity and strength to the Haitian community, protections hold for now, but the fight continues.
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://www.lunionsuite.com/wp-content/uploads/2026/09/809209156_18633930094023307_3630959692441275516_n-512x640.jpg)
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://scontent-yyz1-1.cdninstagram.com/v/t51.82787-15/809209156_18633930094023307_3630959692441275516_n.jpg?stp=dst-jpg_e35_tt6&_nc_cat=108&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=x34GLS09I-MQ7kNvwFqHCNl&_nc_oc=AdowqDCN9YT1Ab6Xr9C2sg7ga-9vqDxpgpSPQVu_SMkTWY4MV-DSZ2lzrsiKmJkeEI4&_nc_zt=23&_nc_ht=scontent-yyz1-1.cdninstagram.com&edm=ANo9K5cEAAAA&_nc_gid=x4jvEQmXU18ETczdhgoO6A&_nc_tpa=Q5bMBQIw2C71D9QY2QRwS8CynOCBRbSkwiTkJvMcpHL-eO6rjLCvt2NC-HknMIfi2dSDrKHvOgrHLKvP&oh=00_AQKtORgB_LskdDZkpzaSf44P44EHp9ny3NyDopfskLBMPQ&oe=6AB0ECDD)
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://scontent-yyz1-1.cdninstagram.com/v/t51.82787-15/788924694_18633930097023307_3043638025784358712_n.jpg?stp=dst-jpg_e35_tt6&_nc_cat=110&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=2C7Wl-aKuL0Q7kNvwF0SU-y&_nc_oc=AdqS67UJ5kM67AfhglIGf79iRqaHlSsnp0FyZd7KoG7qEtb5unEgcDoOFORhGwog7BI&_nc_zt=23&_nc_ht=scontent-yyz1-1.cdninstagram.com&edm=ANo9K5cEAAAA&_nc_gid=x4jvEQmXU18ETczdhgoO6A&_nc_tpa=Q5bMBQIuCA_kheyGyRRrI4q6b0QqbFGvZC9kxkarVdanMJN-GlwMgenDokao3T6Nj9FS5vnUBrkMiTb2&oh=00_AQL_C9qkX0YkSTyJmU2Ts5qT-4tN2pAhsaqjmKQxOFvk8g&oe=6AB0D946)
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://scontent-yyz1-1.cdninstagram.com/v/t51.82787-15/793639979_18633930061023307_6775081790007234048_n.jpg?stp=dst-jpg_e35_tt6&_nc_cat=103&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=959UMb3qNvsQ7kNvwH6rJK5&_nc_oc=AdoHvjiCVJ4RZCft2Zf1MqTKYnS3MeeZCdOl2uaqrtKnTljvUZTVU0tPPq5vVVaaMfI&_nc_zt=23&_nc_ht=scontent-yyz1-1.cdninstagram.com&edm=ANo9K5cEAAAA&_nc_gid=x4jvEQmXU18ETczdhgoO6A&_nc_tpa=Q5bMBQI5rrEbAb5R4ZCVCrPpXaUFuTN-cj2XowrYNWue0PuRF6q9Hyz0_EYDPr7MLufK57ZuiMfanOJu&oh=00_AQKYTYxMTYl6ZKw-kNlDDurEd83WBwILvHuN5xaQZvUPnA&oe=6AB0BA94)
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://scontent-yyz1-1.cdninstagram.com/v/t51.82787-15/809209149_18633930070023307_3587221757907574561_n.jpg?stp=dst-jpg_e35_tt6&_nc_cat=107&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=sYH5oewDRocQ7kNvwFk8Eq8&_nc_oc=Adpwz3K5sapCkiMCDx4LctPqoIenB0Nce8S0xMHw-b-HP0E3OWmHWtHLSPU4-nwMh-c&_nc_zt=23&_nc_ht=scontent-yyz1-1.cdninstagram.com&edm=ANo9K5cEAAAA&_nc_gid=x4jvEQmXU18ETczdhgoO6A&_nc_tpa=Q5bMBQIyrj4X30UU0YlDFBPND78-HdUt0B4_3AZlCvQXD5u0GO35lu9awd0tPCID6CYZHyp5V6ew8Nha&oh=00_AQIgRbyJiP6jW6TAl3QLbKBUYuqPhs8_5p25l300F8dyfw&oe=6AB0E8FE)
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://scontent-yyz1-1.cdninstagram.com/v/t51.82787-15/806298814_18633930079023307_5240743489890819950_n.jpg?stp=dst-jpg_e35_tt6&_nc_cat=110&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=JU6IDP_NkRAQ7kNvwGfn0dr&_nc_oc=AdodvcfcPm44koOpzSTOCErsPDONaFZ_QLfgYMtozzJNRqpTvybWCeMMsYnm2J9cuiU&_nc_zt=23&_nc_ht=scontent-yyz1-1.cdninstagram.com&edm=ANo9K5cEAAAA&_nc_gid=x4jvEQmXU18ETczdhgoO6A&_nc_tpa=Q5bMBQIpVXxX8ZIUmsn7wOYHfAo_213GC0WORYx9PzpGKtzJv4SBGMgSmn4OUUJBjpudFuF61HHcCrK_&oh=00_AQKuoK0NBt9eoBirzZrqoANvChXFKWim7ni9xGnZe9Uhww&oe=6AB0C279)
![Three of the Haitian music industry’s most recognizable names did not roll on Eastern Parkway for this year’s West Indian American Day Parade. The West Indian American Day Carnival Association says T-Vice, Tony Mix and SakPase Nation were barred because they failed to meet carnival rules. The bands tell a different story. T-Vice says it was not refused and chose to stay off the route. Tony Mix publicly announced he would not take part.
The annual parade stepped off Monday, Sept. 7, along Brooklyn’s Eastern Parkway. Days earlier, The Haitian Times reported that WIADCA had kept the three groups off the official lineup. As of that Thursday, five other Haitian groups had been approved to participate. Haitian flags, mas and music were still on the Parkway. The missing piece was the big konpa trucks that usually stop traffic.
Cecile Ford is WIADCA’s board secretary and chair of the Mas Committee. She said organizers had warned the groups that the rules would be enforced.
“We’ve tried to work with them and each year there was a promise… they just take it as a joke,” Ford said. Ford later pointed to overcrowding on trucks as a safety problem.“We have pictures & photos [they] were not compliant with the number of people they have on their trucks, which is a security issue & safety issue,” she said.
WIADCA’s written rules state only bands with a WIADCA permit can enter the parade. Participants must be costumed. Artist trucks, advertising trucks and “T-shirt bands” are excluded. Band leaders are required to put marshals on the route, keep vehicles insured and stay within height and safety limits set with police and the city. Failure to comply can mean removal from the parade.
T-Vice answered Ford by name. The band said it was not refused. T-Vice said the Parkway absence was its own choice, while the carnival association said the group was barred. Tony Mix also spoke with an official announcement circulated that he would not take part in the 2026 Labor Day carnival. SakPase Nation did not respond.
Haitian mas and music was still on the route, including Lespri Ayiti and RAM among groups carrying the Haitian presence.
#lunionsuite #haitianamerican](https://scontent-yyz1-1.cdninstagram.com/v/t51.82787-15/806298829_18633930142023307_1624406619840916561_n.jpg?stp=dst-jpg_e35_tt6&_nc_cat=107&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=sKWnTcy_VlAQ7kNvwGCmhxy&_nc_oc=AdqvFfjX_kn-mTDnUKIP8dtT-baGWOg-iCYo3fFbWLtRf5RE118QJG9tBiT0-lgJU_Q&_nc_zt=23&_nc_ht=scontent-yyz1-1.cdninstagram.com&edm=ANo9K5cEAAAA&_nc_gid=x4jvEQmXU18ETczdhgoO6A&_nc_tpa=Q5bMBQLUxvhZNp6NbcuybV2uyWVXbY0acxM2xlAZYlILaHgMoPEKIMXhtx8ZSd2obhrqDO_m3dN1UA8P&oh=00_AQKLQ3P04DrtTU5Isb65PJFLy98BiJeoYyDXR1gziGXWQg&oe=6AB0C472)
