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A federal judge shot down the Trump administration’s efforts to end temporary protection status (TPS) for over 520,000 Haitian immigrants currently living in the U.S.
The TPS designations for Haitians were expected to expire on Aug. 3 with termination to become effective on Sept. 2.
U.S. District Judge Brian Cogan in Brooklyn rejected those plans on Tuesday, saying Department of Homeland Security (DHS) Secretary Kristi Noem did not follow a timeline and instructions mandated by Congress to reconsider TPS designations for Haitians.
In his decision, Cogan wrote, “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation.” Doing so, he added, made her actions “unlawful.”
“Plaintiffs are likely to (and, indeed, do) succeed on the merits,” Cogan added.
He went on to say Haitians’ interests in living and working in the U.S. “far outweigh” potential harm to the U.S. government.
That being said, the government is still able to freely enforce immigration laws and terminate TPS status as established by Congress.
Fox News Digital reached out to DHS for comment on the matter, but did not hear back by the time of publication.
A DHS spokesperson said Friday – before Cogan ruled on the matter – that the decision to end TPS ensures the status is in fact only temporary but also restores the integrity of the U.S. immigration system.
“The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” the spokesperson said. “We encourage these individuals to take advantage of the Department’s resources in returning to Haiti, which can be arranged through the CBP Home app. Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible.”
Noem originally made the decision to revoke TPS status from Haitians after reviewing a U.S. Citizenship and Immigration Services (USCIS) report showing the island nation no longer met the statutory requirements that grant foreign residents the ability to obtain TPS.
Sources at DHS have told Fox News that they are encouraging Haitians living in the U.S. with TPS to use the CBP Home application to secure a safe departure home by offering a complimentary plane ticket and a $1,000 exit bonus.
Congress created TPS as part of the Immigration Act of 1990, with the intention of allowing residents of countries who have faced war, disasters or other unsafe and extraordinary conditions, to find refuge in the U.S. The program has the ability to be extended in increments of 18-month periods.
The Trump administration has been pressing to roll back TPS designations to fulfill a campaign promise to strengthen the border and deport many illegal immigrants who crossed the border under former President Joe Biden’s administration.
Biden gave Venezuelans TPS status in 2021, then renewed that designation before the end of his term in January 2025.
The newest designation will run from April 3, 2025, to Oct. 2, 2026. It is estimated the protection would have applied to about 300,000 Venezuelan nationals, before the Trump administration rolled back the decision.
Fox News Digital’s Preston Mizell and Reuters contributed to this report.
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