NEW YORK (BN24) — A federal judge on Tuesday blocked the Trump administration’s effort to prematurely end deportation protections and work permits for an estimated 521,000 Haitian immigrants living in the United States.
The Department of Homeland Security under President Donald Trump had moved in February to cancel Democratic President Joe Biden’s extension of Temporary Protected Status (TPS) for Haitians, which was set to run through February 3, 2026.
But U.S. District Judge Brian Cogan in Brooklyn ruled that Homeland Security Secretary Kristi Noem overstepped her authority by attempting to roll back the program without completing the legally required process.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Cogan wrote. “Plaintiffs are likely to (and, indeed, do) succeed on the merits.”
Cogan, an appointee of Republican President George W. Bush, also concluded that the interests of Haitians who rely on TPS to live and work in the U.S. “far outweigh” any potential harm to the government. He emphasized that while the administration can enforce immigration laws and eventually end TPS, it must follow the procedures and timelines set by Congress.
Trump has made a crackdown on both legal and unauthorized immigration a cornerstone of his second White House term. Noem, a close ally, has advanced that agenda, including attempts to end TPS for roughly 350,000 Venezuelans and thousands of people from Afghanistan and Cameroon.
The U.S. Supreme Court recently allowed the termination of TPS for Venezuelans, raising the possibility that other rollbacks could proceed.
TPS was first granted to Haitians in 2010 after the country’s catastrophic earthquake. In their lawsuit, nine Haitian TPS holders, an association of churches, and a chapter of the Service Employees International Union argued that Noem failed to assess current conditions in Haiti — including rampant gang violence and humanitarian crises — before attempting to cancel protections.
“While the fight is far from over, this is an important step,” said Manny Pastreich, president of SEIU Local 32BJ, whose members include Haitian TPS holders.
The plaintiffs also claimed the administration’s decision was driven by racial prejudice, citing inflammatory remarks Trump has made about Haitian immigrants, including a 2024 campaign debate comment accusing Haitian newcomers in Ohio of “eating pets.”
Homeland Security spokesperson Tricia McLaughlin defended the administration’s actions, saying TPS was never meant to serve as “de facto asylum.” She called the ruling “a delay of justice” and vowed to appeal.
“We expect a higher court to vindicate us,” McLaughlin said.
