The Trump administration reacted strongly on Monday to a federal judge’s decision to block a proposal that would have terminated deportation protections for over 350,000 Haitian immigrants residing in the U.S.
District Judge Ana Reyes, appointed by President Joe Biden, decided that Homeland Security Secretary Kristi Noem does not have the authority to revoke the Temporary Protected Status (TPS) for Haitian immigrants. Furthermore, the judge argued that removing these protections or work permits would not be in the public interest.
In a statement, DHS Assistant Secretary Tricia McLaughlin expressed her frustration, stating, “The Supreme Court is here.” She referred to the situation as “lawless activity” and insisted they would be vindicated. McLaughlin noted that TPS for Haiti was established after the earthquake more than 15 years ago, and it was never meant to serve as a permanent amnesty. “When I say temporary, I mean temporary,” she asserted, insisting that “activist judges” should not dictate the final decision from the bench.
Since the 1990s, the TPS program has provided a safety net for immigrants affected by disasters and conflict. It grants them temporary legal status and allows them to work in the U.S. Haiti’s TPS designation was set to expire on Tuesday but is now indefinitely on hold.
Judge Reyes pointed out that there were claims suggesting that Director Noem had already made up her mind about firing decisions due to her biases against non-white immigrants, which seemed quite probable. She noted that Secretary Noem had eliminated TPS for all designated countries that had come across her desk, both the most and least affected. Reyes also remarked that Noem’s assessment of Haiti’s “alarming” situation lacked context against the broader “perfect storm of suffering” detailed in official records.
President Trump had attempted to end TPS for Haitians the previous summer, but a lawsuit delayed the program’s termination. Reyes concluded that federal regulations do not grant Noem “unfettered discretion” over TPS decisions.
“Secretary Noem complains about illegal immigrants straining the immigration enforcement system, and her solution is to suddenly turn over 350,000 legal immigrants into illegal ones,” she criticized. “She raises concerns about strains on the economy, then proposes to reclassify working immigrants who contribute billions in taxes as jobless. She worries about health care strains yet would leave the insured without coverage.”
“Public interest is not part of this equation,” she declared.
The Obama administration originally designated TPS for Haitian immigrants in 2010 after a catastrophic earthquake claimed over 100,000 lives in Haiti. This status has been renewed multiple times, the most recent extension occurring under the Biden administration in 2021.
