A federal judge in Washington has blocked the Trump administration’s effort to end a humanitarian program that permitted approximately 350,000 Haitians to live and work legally in the United States. U.S. District Judge Ana Reyes issued an emergency order on Monday to halt the termination of Temporary Protected Status (TPS) for Haitians while legal challenges are pending.
TPS allows immigrants from countries experiencing unsafe conditions to stay and work in the U.S., although it doesn’t offer a route to citizenship. The designation for Haiti was set to expire on February 3.
In her two-page order, Reyes declared that the termination is “null and void, void and of no legal effect,” ensuring that the recipients’ work ability is maintained, along with protection from arrest and deportation.
Reyes mentioned that the plaintiffs are likely to prevail in court, highlighting the “substantial” concerns over Secretary of Homeland Security Kristi Noem’s decision, which she linked to a perceived hostility towards non-white immigrants.
The TPS designation may be granted if dangerous conditions, such as natural disasters or armed conflicts, exist in the immigrant’s home country. Haiti was first given TPS in 2010 following a catastrophic earthquake but has remained under this status due to ongoing political instability, natural disasters, and increased gang violence. The designation has been renewed several times since then.
Lawyers for Haitians with TPS warned in a court filing last December that, if the termination proceeds, “people will almost certainly die,” citing issues like violence, disease, and food insecurity in Haiti. They also argue that Noem did not accurately evaluate the dangers present in the country and that her decision was influenced by “racial animus.”
The Department of Homeland Security disputed those claims at that time, asserting that conditions in Haiti had improved.
Government attorneys argued that the allegations of racial bias were based on out-of-context statements and noted that Noem provided a “reasonable and superficially sufficient explanation” for terminating TPS. In a notice from November, the Department also mentioned new measures to combat gangs in Haiti and suggested that continuing TPS for Haitians would contradict national interest.
Tricia McLaughlin, a spokeswoman for the Department, remarked that Haiti’s TPS was established in response to an earthquake that happened over 15 years ago. She added, “This was never intended to be a de facto amnesty program, but successive administrations have used it that way for decades.”
