A federal judge has blocked the Trump administration’s push to end Temporary Protected Status (TPS) for more than 520,000 Haitian immigrants currently residing in the United States.
The Department of Homeland Security (DHS) had planned to let TPS for Haitians expire on August 3, with terminations to take effect on September 2. However, U.S. District Judge Brian Cogan of Brooklyn halted those efforts on Tuesday, ruling that DHS Secretary Kristi Noem failed to follow the legal procedures and timeline set by Congress when reassessing TPS for Haiti.
In his decision, Judge Cogan wrote that “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” and deemed her actions “unlawful.”
Cogan emphasized that the plaintiffs were not only likely to win their case, but were already succeeding. He noted that the interest of Haitian nationals in remaining and working in the U.S. “far outweighs” any claimed harm to the government.
Despite the ruling, the federal government retains the authority to enforce immigration law and terminate TPS under proper Congressional guidelines.
Prior to the ruling, a DHS spokesperson defended the administration’s move, stating it was intended to underscore that TPS is meant to be a temporary solution and to preserve the integrity of the immigration system.
“The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” the 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.” DHS added that eligible individuals may apply for other immigration benefits.
The decision to revoke TPS for Haitians stemmed from a U.S. Citizenship and Immigration Services (USCIS) report that concluded Haiti no longer met the conditions required for TPS designation. Following that assessment, Secretary Noem announced the end of protections.
Sources within DHS told Fox News that Haitian nationals are being offered free plane tickets and a $1,000 incentive to return home through the CBP Home application.
TPS was originally created under the Immigration Act of 1990, intended to offer temporary refuge to nationals from countries affected by armed conflict, environmental disaster, or other extraordinary and unsafe conditions. Designations are reviewed and extended in 18-month intervals.
The Trump administration has moved aggressively to limit or eliminate TPS designations as part of its broader immigration agenda, aiming to deport migrants who entered the country during President Biden’s term.
In contrast, President Biden granted TPS to Venezuelan nationals in 2021 and renewed it before leaving office in January 2025. That designation was expected to protect around 300,000 Venezuelans through October 2, 2026—until it was later rolled back by the Trump administration.