Judge questions government on safety of returns as February 3, 2026 deadline looms for over 100,000 Haitian TPS holders
Washington, D.C. – January 7, 2026 A pivotal hearing unfolded today in the U.S. District Court for the District of Columbia in the class-action lawsuit Miot et al. v. Trump et al., filed on July 30, 2025, by Haitian Temporary Protected Status (TPS) holders, led by plaintiff Fritz Emmanuel Lesly Miot.
The case directly challenges the Trump administration’s November 2025 decision to terminate TPS for Haiti, effective 11:59 p.m. on February 3, 2026 — a move that would strip protections from tens of thousands of Haitians living legally in the United States.
Background: A Long-Protected Designation Under Fire
Haiti’s TPS designation dates back to the catastrophic 2010 earthquake, which killed over 200,000 people, displaced millions, and destroyed critical infrastructure. The designation has been repeatedly extended by both Democratic and Republican administrations due to ongoing crises: political instability, natural disasters, rampant gang violence, cholera outbreaks, and extreme poverty.
During President Trump’s first term, attempts to end Haitian TPS were blocked by federal courts, including in Haitian Evangelical Clergy Ass’n v. Trump, preserving protections through February 3, 2026.
In November 2025, DHS Secretary Kristi Noem published a new Federal Register notice terminating the program, arguing that conditions in Haiti no longer warrant TPS and that continuation is “contrary to U.S. national interests.”
Plaintiffs allege the decision is arbitrary and capricious, ignores overwhelming evidence of Haiti’s humanitarian crisis, and may be tainted by improper considerations in violation of the Administrative Procedure Act.
Today’s Hearing: Safety Concerns Take Center Stage
Presiding over the case, Judge Ana C. Reyes heard oral arguments on key pending motions, including the government’s motion to dismiss and plaintiffs’ requests for preliminary relief — such as a stay to halt the termination while the lawsuit proceeds.
During the proceedings, Judge Reyes pressed government attorneys on the practical and safety implications of mass returns to Haiti. She referenced current State Department travel advisories (Level 4: Do Not Travel) and questioned how deportees could safely arrive by air or survive on the ground amid widespread gang control, kidnappings, and lack of basic services.
No ruling was issued today, and the case remains active. Further briefs, dispositive motions, or appeals are likely in the coming weeks.
Stakes for the Haitian Community
An estimated 100,000+ Haitians currently hold TPS, many living in the U.S. for over a decade, with deep roots in communities across Florida, New York, Massachusetts, and beyond. Termination would expose them to deportation to a country where gangs control much of the capital, over 1.3 million people are displaced, and humanitarian access is severely restricted.
Advocacy groups, including the Haitian Bridge Alliance and the National TPS Alliance, have rallied behind the lawsuit and related litigation, emphasizing that forced returns would be both inhumane and dangerous.
What Comes Next
With the February 3 deadline approaching, the court’s eventual decision could determine whether TPS holders receive a lifeline — through a stay or permanent injunction — or face immediate loss of work authorization and deportation proceedings.
Similar challenges to TPS terminations for other countries (El Salvador, Nicaragua, Sudan) are also pending, making this case part of a broader legal battle over the future of the program.
L’Union Suite will continue to follow developments closely and provide updates as the court schedule progresses. The Haitian community remains vigilant, advocating for compassion and evidence-based policy.
Solidarite ak fòs pou tout moun ki ap lite pou TPS. We stand with you.
