An activist federal judge has blocked the Trump administration’s move to terminate Temporary Protected Status (TPS) for more than half a million Haitian nationals currently living in the United States.
The ruling dealt a legal blow to the president’s immigration agenda.
The TPS designation for Haitians was set to expire on August 3, with terminations effective September 2.
However, the expiration was halted Tuesday by U.S. District Judge Brian Cogan in Brooklyn.
The judge ruled that Department of Homeland Security (DHS) Secretary Kristi Noem failed to follow the timeline and procedural requirements established by Congress.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Cogan wrote in his decision.
He added that her actions were “unlawful,” concluding that plaintiffs were likely to (and, indeed, do) succeed on the merits.
The judge also determined that the interests of Haitian nationals in continuing to live and work in the U.S. “far outweigh” any potential harm claimed by the federal government.
However, Cogan did note that DHS still retains the legal authority to enforce immigration laws and terminate TPS when done in accordance with the law.
In a statement issued prior to the ruling, DHS defended the administration’s effort to end TPS, arguing it was a necessary move to ensure that temporary protections do not become permanent amnesty.
“The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” a DHS spokesperson said.
“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.”
Secretary Noem, appointed by Trump earlier this year, had moved to revoke Haiti’s TPS designation following a review by U.S. Citizenship and Immigration Services (USCIS).
The review concluded Haiti no longer met the legal requirements for continued protected status.
Sources at DHS told Fox News the department is encouraging Haitian TPS holders to voluntarily return home, offering a complimentary plane ticket and a $1,000 exit bonus through the CBP Home application.
TPS was originally established under the Immigration Act of 1990 to provide temporary refuge to foreign nationals from countries facing war, natural disasters, or extraordinary conditions.
It can be extended in 18-month increments, but does not confer permanent legal status.
President Trump’s move to revoke TPS is part of a broader effort to reverse decades of lenient immigration policy and deliver on campaign promises to restore order at the southern border.
Under former President Joe Biden, the DHS had extended TPS protections to Venezuelans and renewed that designation shortly before leaving office in January 2025.
However, the move was widely criticized by conservatives.
The Biden-era TPS for Venezuelans was set to run through October 2, 2026, and would have covered an estimated 300,000 people.
The Trump administration’s efforts to roll back that designation, and others, are part of a sweeping plan to prioritize border enforcement and deportation of individuals who entered the country under looser immigration policies.
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