In a major legal victory for Haitian immigrants and their advocates, a federal judge in the Eastern District of New York has ruled that the Department of Homeland Security’s (DHS) attempt to end Temporary Protected Status (TPS) for Haiti earlier than scheduled was unlawful.
The July 1, 2025 decision in Haitian Evangelical Clergy Association et al. v. Trump et al. ensures that approximately 50,000 Haitian TPS holders can remain and legally work in the United States until at least February 3, 2026.
Temporary Protected Status (TPS) allows people from designated countries to live and work in the U.S. when returning home would be unsafe due to armed conflict, natural disaster, or other extraordinary conditions. Haiti has held TPS since the 2010 earthquake, with extensions granted in response to ongoing gang violence, political instability, and economic collapse.
In July 2024, then-DHS Secretary Alejandro Mayorkas extended Haiti’s TPS designation through February 2026. But on February 24, 2025, newly appointed DHS Secretary Kristi Noem reversed course, announcing a partial rollback of the extension. She shortened the end date to August 3, 2025, and later moved to terminate the program entirely by September 2, 2025.
The rollback sparked an immediate legal challenge. Plaintiffs — a coalition of Haitian community organizations, labor groups, and TPS holders — argued that Noem’s actions violated the Administrative Procedure Act (APA). The APA requires DHS to provide at least 60 days’ notice before altering TPS protections and prohibits early termination of a valid extension. The plaintiffs also emphasized the human cost of the decision: thousands of Haitian TPS holders — many of whom have U.S.-born children, jobs, and deep ties to their communities — were forced to prepare for early deportation, jeopardizing family unity, employment, and access to medical care.
Judge Brian Cogan sided with the plaintiffs, ruling that DHS’s early termination was unlawful and caused immediate harm. He granted partial summary judgment, effectively blocking Noem’s rollback and restoring protections through February 3, 2026. The court stated that upholding TPS would not harm the public, and while DHS retains the authority to end TPS, it must follow proper legal procedures.
This ruling represents a significant relief for Haitian TPS holders as conditions in Haiti continue to deteriorate. While the case underscores the fragility of TPS and the ongoing debate around its future, it offers temporary stability and a renewed opportunity for advocacy.
Haitian TPS holders are now protected from deportation through February 3, 2026.
You can read the full ruling and legal documents via the link in our IG stories and Facebook page. We will continue to monitor and report any further developments affecting TPS policy and immigrant communities.
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