A pivotal hearing on Temporary Protected Status (TPS) for Haitian nationals was held Tuesday before a federal court in Washington, presided over by Judge Ana C. Reyes. For more than two hours, the judge closely questioned representatives of the U.S. government about the basis for the decision not to renew the humanitarian protection, repeatedly voicing dissatisfaction with the explanations provided.
The hearing began at 10:29 a.m. with a review of the procedural principles and rules governing the proceedings. At the outset, the government requested permission to introduce additional documents into the record at a later stage, a request agreed to by both parties.
Conditions in Haiti at the Center of the Debate
Very quickly, Judge Reyes steered the discussion to a central issue: the security and humanitarian situation in Haiti, a decisive factor in whether TPS should be maintained or withdrawn. The government argued that the Secretary of Homeland Security has the discretionary authority to determine whether a country continues to meet the statutory criteria for TPS designation.
The judge then pressed the administration on the methodology used to assess current conditions in Haiti. She asked which agencies the Department of Homeland Security (DHS) had consulted before concluding that the country no longer warranted an extension of TPS. Government counsel replied that the State Department had been consulted as part of the process.
The exchange soon grew more critical. Judge Reyes expressed frustration with the way the government was presenting its case and demanded the production of the official “administrative records” underlying the decision. The government’s representative acknowledged that they were not prepared to provide those documents during the hearing.
An Imminent Judicial Deadline
Judge Reyes indicated that she must issue a decision by February 2, noting that additional time could potentially be granted to the government but emphasizing that the schedule remained extremely tight. At the administration’s request, the court then granted a brief recess.
When proceedings resumed, the focus again turned to conditions in Haiti, described as the most contested issue of the hearing. The judge posed a direct and pointed question to the government: do U.S. authorities believe it is safe today for Haitians to return to their country?
In response, the government argued that there was “no foreign policy concern” preventing Haitian nationals from returning to Haiti. Judge Reyes found the answer unsatisfactory, criticizing the administration for offering no concrete details or substantive explanation of the realities on the ground.
After more than two hours of exchanges, Judge Reyes ordered another pause, announcing that the hearing would resume at 11:45 a.m.
Repeated References to United Nations Reports
During the second phase of the hearing, the judge continued her rigorous questioning of government representatives, this time explicitly relying on reports from the United Nations. She recalled that a recent UN report described Haiti as facing the worst security situation in its history, and she underscored the UN Secretary-General’s conclusions that the country does not meet the conditions necessary to absorb a large-scale return of its nationals.
Judge Reyes also questioned the government about the violence perpetrated by armed gangs, asking why a country supposedly capable of receiving its returning citizens would require a dedicated force to suppress such groups. She pressed the point further with a blunt question: does a truly safe country need such a force?
On several occasions, the judge asked whether DHS had consulted the U.S. Embassy in Haiti or the United Nations, which regularly publishes detailed assessments of the country’s crisis. Government counsel said they were not aware of any such consultations.
At this stage, the hearing has not yet concluded. After several hours of intense exchanges and persistent questioning focused on Haiti’s security and humanitarian conditions, Judge Ana C. Reyes announced a temporary suspension of the proceedings. The hearing is expected to resume at a later time, as the court continues its thorough review of the record ahead of a decision anticipated in the coming weeks.
