Overview:
A federal judge ruled Friday that the Trump administration’s attempt to terminate Temporary Protected Status (TPS) for Haitians is unlawful, protecting about 500,000 people from potential deportation. The decision follows repeated legal challenges and comes as leaders call for TPS extensions amid Haiti’s security crises.
NEW YORK — Haitian immigrants and their allies are breathing a huge sigh of relief after a federal judge ruled Friday that the Trump administration’s attempt to end Temporary Protected Status (TPS) for Haiti and Venezuela was unlawful. The decision shields about 500,000 Haitians from losing the legal right to live and work in the U.S.
In a ruling that castigated the federal government, U.S. District Judge Edward Chen in California said Department of Homeland Security (DHS) Secretary Kristi Noem acted illegally and with “unprecedented speed” in trying to revoke protections—despite State Department warnings that conditions in Haiti remain so dangerous, Americans are advised not to travel there.
Allies and advocates for immigrants welcomed the decision, saying the decision affirms that Haitians and others cannot be sent back to countries in crisis.
“The administration is plainly lying when they suggest the situation on the ground is anything short of a humanitarian crisis demanding our support,” Senate Majority Leader Chuck Schumer said in a Sept 5 press release.
“We must extend TPS for Haitians until security and stability are restored and Haitians have the opportunity to rebuild their country with our help,” he said.
President Donald Trump had sought to reverse the extension of Haitian TPS and attempted to terminate the designation for Venezuela altogether. In March, his administration said it would revoke temporary legal status for more than half a million migrants from Cuba, Haiti, Nicaragua and Venezuela, warning them to leave before their permits and deportation shields were canceled on April 24. In May, the Supreme Court froze an earlier ruling, allowing the Trump administration to end TPS for Venezuelans—setting the stage for Chen’s decision.
Friday’s ruling follows a separate July 15 order by a U.S. District Court judge in Brooklyn that ruled the program’s termination cannot take effect before Feb. 3, 2026. The 18‑month designation, originally set to expire on Sept. 2, was under threat after the DHS determined in July that Haiti no longer met the criteria for TPS.
Together, the two most recent rulings underscore how central TPS remains for Haitians who have fled political instability, gang violence and economic collapse.
Created by Congress in 1990, the TPS program allows immigrants from countries facing war, natural disasters or other extraordinary conditions to remain in the U.S. temporarily with renewable work permits. Haiti was first designated in 2010 after a devastating earthquake struck and has since seen its status repeatedly extended or challenged in court. With the designation, Haitian nationals already in the U.S. can live and work legally.
The Department of Homeland Security said it will appeal Chen’s ruling, calling TPS a program that has been “abused, exploited and politicized.”
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