Judge blocks Trump administration from speeding end of protections for Haitians

A federal judge in New York blocked the Trump administration from ending deportation protections for Haitians ahead of the date set under the Biden administration, the latest blow to efforts from Homeland Security Secretary Kristi Noem to end the legal status.

U.S. District Court Judge Brian Cogan ruled Noem could not issue a “partial vacatur” of a decision by her predecessor that gave Haitians Temporary Protected Status (TPS) until February of next year.

In February, Noem signed an order seeking to advance that date, moving to end protections for Haitians this August.

“Plaintiffs’ injuries far outweigh any harm to the Government from a postponement. Without a postponement, plaintiffs face the termination of Haiti’s TPS designation on September 2, 2025 and the subsequent loss of their legal right to live and work in the United States, despite this Court’s finding that Secretary Noem’s partial vacatur of Haiti’s TPS designation was unlawful,” Cogan wrote.

Roughly 350,000 Haitians living in the U.S. have TPS.

Noem has also sought to end TPS protections for other countries such as Venezuela and Afghanistan. The Supreme Court in May agreed to lift a lower court ruling that blocked Noem’s efforts to end TPS for Venezuela.

But amid a series of court rulings questioning the validity of her efforts to vacate designations made under the Biden administration, the Department of Homeland Security (DHS) has begun following the notice and comment rulemaking process required for terminating TPS designations.

That process requires the agency to consider the safety of the country in lifting protections from deportation to those from countries experiencing natural disasters or civil unrest.

Last week, Noem formally moved to end TPS protections for Haitians for this September.

“This decision restores integrity in our immigration system and ensures that Temporary Protective Status is actually temporary,” DHS said in a release, noting that Haiti was first designated for TPS due to a devastating earthquake.

“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.”

However, the State Department still lists Haiti as a “Level 4:Do Not Travel” country due to kidnapping, crime and civil unrest.

Under the Biden administration, DHS cited a wide variety of dangerous conditions in Haiti, including as recently as last year.

“Haiti continues to experience simultaneous economic, security, political, and health crises. Haitian gangs are the primary source of violence and instability in Haiti and pose an increasing threat as they continue to escalate and expand their influence and geographic presence…Since early March 2024, the gangs have also attacked the capital's primary airport and major port terminals, and blocked roads to access the city. An ongoing political impasse has left Haiti without a functioning democratically elected national government and hindered Haiti's ability to respond to the gang-driven violence,” the Biden administration wrote in extending the TPS designation for Haiti.

“At the same time, Haiti struggles through a humanitarian crisis, with many citizens having limited access to safety, healthcare, food, water, and economic opportunity.”