The Trump administration appears to be standing firm on its initial decision to end Temporary Protected Status (TPS) for Haitian immigrants as of August 3.
In a letter submitted to the judge handling the case, the U.S. Department of Justice informed on Monday that the Department of Homeland Security (DHS) has already made a decision regarding TPS for Haiti, but is not legally required to publish it immediately in the Federal Register.
In the letter addressed to Judge Brian M. Cogan of the U.S. District Court for the Eastern District of New York, government attorneys argued that the plaintiffs’ complaint should be dismissed for lack of jurisdiction, and that DHS Secretary Kristi Noem has fulfilled all legal obligations under the TPS statute.
“Plaintiffs complain that Secretary Noem has not published her determination regarding TPS for Haiti. However, they confuse the requirement to make a timely decision with the requirement to publish that decision,” the letter reads.
Although the Department of Homeland Security has not disclosed the outcome of its internal review, the letter indicates that the federal government is still committed to its original decision to end TPS for Haitians in about a month.
According to the government’s interpretation, the law only requires that the Secretary make a determination at least 60 days before the current TPS designation or extension period ends — in this case, by August 3, 2025.
“The Secretary made her determination regarding TPS for Haiti on or before June 4, 2025, which is 60 days before the end of the current extension period,” the DOJ stated on behalf of DHS.
Quoting 8 U.S.C. § 1254a(b)(3)(A), the government acknowledged that while a timely decision is mandatory, the actual publication may occur later, as long as it is deemed “timely.” The law does not specify an exact deadline for publication in the Federal Register.
Furthermore, the DOJ clarified that if the decision is to terminate Haiti’s TPS designation, the termination would not take effect until at least 60 days after the publication date, or at the end of the current extension period — whichever is later.
“If the Secretary decides to terminate TPS… the termination does not take effect until at least 60 days after the notice is published,” the letter states. It did not reveal the content of Secretary Kristi Noem’s decision — whether it involves an extension or a termination — but the government maintains that the legal timeline has been fully respected.
This legal clarification comes amid mounting pressure from Haitian advocacy groups who criticize the DHS for creating confusion and uncertainty for tens of thousands of Haitians currently living in the United States under TPS.
The Department of Homeland Security has indicated it plans to publish the decision before the August 3 deadline.
The case, Haitian Evangelical Clergy Assn. et al. v. Donald J. Trump, continues in federal court as plaintiffs seek greater transparency and judicial oversight of DHS’s handling of the TPS process.
A hearing is scheduled for Wednesday, June 25, in a New York courtroom.
Although the judge in charge has signaled a possible ruling in favor of the plaintiffs — potentially requiring a six-month extension — it remains highly likely that the Supreme Court will overturn such a decision quickly, as it did in the Venezuelan TPS case, where conservative justices ultimately gave President Trump the green light to end protections and proceed with deportations.
