Overview:
A federal judge has not yet ruled on the Biden administration’s attempt to end TPS for Haitians. The decision—impacting more than 350,000 immigrants—won’t come until the day before the protections are set to expire.
The fate of more than 350,000 Haitians living in the United States under Temporary Protected Status (TPS) remains undecided as a federal judge said Tuesday she would not make a decision on the issue until Feb. 2—just one day before the protections are scheduled to expire.
The Trump administration’s attempt to end TPS for Haitians is now the subject of a critical legal challenge in the U.S. District Court in Washington, D.C., where Judge Ana C. Reyes is weighing whether the Department of Homeland Security followed proper procedures and fully assessed current conditions in Haiti before moving to terminate the designation.
During the hearing, Reyes questioned whether Homeland Security Secretary Kristi Noem had conducted a thorough review of conditions in Haiti, which has been gripped by political instability and gang violence since the 2021 assassination of President Jovenel Moïse. The judge appeared skeptical of the administration’s reliance on a brief email from a State Department official indicating “no foreign policy concerns” about ending TPS, which she noted was sent just 53 minutes after the request came in on a Friday afternoon.
Haitian nationals must depart by Feb. 3 unless they have another legal status; officials offer cash and airfare for voluntary return
“That response does not address country conditions in Haiti,” Reyes said during the hearing, according to The New York Times.
TPS is a humanitarian program that shields immigrants from deportation if their home countries are experiencing armed conflict, natural disasters or other extraordinary conditions. While it permits legal work and residence in the U.S., it does not provide a path to permanent residency.
Haitians were first granted TPS in 2010 after the devastating earthquake that killed more than 200,000 people. The program has been renewed multiple times since.
Plaintiffs in the lawsuit include a nurse, a doctoral candidate studying Alzheimer’s disease, and other long-term Haitian residents who argue the decision to end TPS was politically motivated and failed to consider Haiti’s deteriorating security and humanitarian conditions. Lawyers representing the group said the administration misrepresented reports from the United Nations, citing only isolated statements of optimism while ignoring broader warnings of displacement, hunger, and violence in Haiti.
“You cannot rely on the article for one thing and not the other,” Reyes said, pointing to the administration’s selective citation of U.N. findings.
If the court does not block the termination, TPS for Haitians will expire on Feb. 3, stripping thousands of legal status and exposing them to deportation. Advocates have warned that such a move could harm U.S. industries that rely on TPS holders in fields like hospitality and senior care, and would devastate Haitian American communities across the country.
Aline Gue, a Haitian community leader who attended the hearing, said the looming expiration “puts our Haitians in a position to be deported to a country where there is documented mass displacement, widespread gender-based violence and no recourse for justice.”
Proceedings have resumed today – day two of the hearing – as legal teams continue to argue over the Trump administration’s attempt to end TPS for Haitian nationals, focusing on the safety, economic conditions and the legal basis for the termination.
Like this:
Loading…
