A federal judge in New York has blocked the early termination of Haiti’s Temporary Protected Status (TPS), ruling that the Department of Homeland Security (DHS) exceeded its legal authority by shortening the designation period.
The lawsuit was brought by several Haitian TPS beneficiaries and advocacy groups, including the Haitian Evangelical Clergy Association and SEIU Local 32BJ. They challenged Homeland Security Secretary Kristi Noem’s February 2025 decision to move Haiti’s TPS expiration date from February 3, 2026, to August 3, 2025. DHS later announced a one-month extension to September 2, 2025, in an effort to comply with the legal requirement of a 60-day notice period for ending TPS.
According to the plaintiffs, the abrupt change violated federal law, disrupted lives, and placed thousands of families at immediate risk.
Established by Congress in 1990, TPS grants temporary legal status and work authorization to nationals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions. Haiti has held TPS designation since 2010, following a devastating earthquake, with multiple extensions due to gang violence, political instability, and ongoing humanitarian crises.
Court’s Reasoning
Federal Judge Brian M. Cogan ruled in favor of the plaintiffs, finding that the Secretary’s “partial vacatur” of TPS violated the federal statute, which lays out clear procedures and timelines for ending such designations. While the Secretary does hold the authority to terminate TPS, Judge Cogan stressed that the decision must follow the legally required process, including a thorough review of country conditions and a minimum 60-day advance notice.
“The statute provides a specific procedure for reconsidering a TPS designation,” Judge Cogan wrote. “This bars Secretary Noem from using alternative procedures—or none at all.”
The court also rejected the government’s claim that the decision was immune from judicial review, citing longstanding legal precedent affirming that courts can assess whether federal agencies followed lawful procedures.
Suspension of the Early Termination
In addition to granting partial summary judgment to the plaintiffs, the judge issued a suspension order under 5 U.S.C. § 705. This effectively nullifies the earlier termination date and restores Haiti’s TPS validity through February 3, 2026, while legal proceedings continue.
The plaintiffs argued that the premature end of the program would not give them sufficient time to plan their departure, make arrangements for their U.S.-born children, or prepare to return to a country plagued by escalating gang violence, collapsing infrastructure, and a humanitarian crisis in its health system.
Impact on Haitian Immigrants
The ruling is a major victory for Haitian TPS holders and immigrant rights organizations, many of whom feared being forced to return to Haiti under dangerous conditions.
With more than 500,000 Haitians currently protected under TPS in the United States, the decision offers critical relief to thousands of families.
The court’s decision also raises broader questions about executive power and immigration policy, especially under the new administration of President Donald J. Trump, whose hardline stance on immigration remains a subject of intense national debate.
While the judge granted significant relief, some constitutional claims—specifically those related to due process and equal protection—remain unresolved. The court has ordered the plaintiffs to show cause within 14 days as to why those claims should not be dismissed as moot.
As the case proceeds, Haitian communities and their advocates are urging the Trump administration to reaffirm long-term protections for TPS beneficiaries, and are calling on Congress to pursue permanent legislative solutions for individuals who have resided in the U.S. for many years under this temporary status.
