BREAKING: Federal Judge Blocks DHS from ending Temporary Protected Status (TPS) for Haitians

In a stunning turn of events, on Tuesday a federal judge in New York blocked the Trump administration from ending Temporary Protected Status (TPS) benefits for Haitians ahead of schedule, ruling that DHS violated the law in attempting to strip deportations and work permits from over half a million Haitians.

The ruling comes in response to the Department of Homeland Security’s abrupt announcement that it would be terminating Haiti’s TPS designation effective September 2, 2025.

In a decision issued Tuesday, District Court Judge Brian M. Cogan found that accelerating the program’s expiration by at least five months was unlawful and that the government failed to follow required procedures mandated by Congress, such as conducting a review of current conditions in Haiti before ending its TPS designation—a requirement that was not followed in this case.

“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” the judge wrote, “her partial vacatur must be set aside as unlawful under the (Administrative Procedure Act.)”

He agreed with the plaintiffs in the case that they would be exposed to actual and imminent harm without court intervention, including losing their right to live and work in the United States.

Due to the court’s ruling, the government is barred from ending TPS benefits early for Haitians until a final judgment is reached in the case. (Haitian Evangelical Clergy Association et al. v. Trump et al.). The lawsuit was originally filed in March by nine Haitian TPS recipients and advocacy groups including the Haitian Evangelical Clergy Association and Service Employees International Union 32BJ, challenging the government’s decision to suddenly rip families apart with established ties in the United States. A separate lawsuit known as Haitian Americans United Inc. v. Trump, also raises similar claims and is pending litigation in federal court in Massachusetts.

In response to the judge’s ruling, DHS spokesperson Tricia McLaughlin said in a statement that the “ruling delays justice and seeks to kneecap the president’s constitutionally vested powers under Article II. Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto asylum program, yet that’s how previous administrations have used it for decades.”

To read the judge’s ruling, please click here.

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