Trump administration blocked from ending Temporary Protected Status for Haitians

A federal judge in Washington has blocked the Trump administration from closing down a humanitarian program that allowed around 350,000 Haitians to live and work legally in the U.S., according to reports.

U.S. District Judge Ana Reyes granted an emergency request Monday to pause the termination of Temporary Protected Status (TPS) for Haitians while a lawsuit challenging the decision goes ahead, the Associated Press reported.

TPS allows eligible immigrants from countries facing unsafe conditions to stay in the U.S. and get work authorization, though it does not provide a path to citizenship. The Haitian designation was set to expire Feb. 3.

In a two-page order, Reyes said the termination would be “null, void, and of no legal effect” during the stay, preserving recipients’ ability to work and shielding them from arrest and removal.

FEDERAL COURT RULES NOEM TERMINATING TEMPORARY PROTECTED STATUS FOR VENEZUELANS IN US WAS ILLEGAL

U.S. District Judge Ana Reyes in Washington granted a request to pause the termination of temporary protected status for Haitians. (AP Photo/Lynne Sladky)

The judge also said the plaintiffs were likely to succeed on the merits of their case and found it “substantially likely” that Homeland Security Secretary Kristi Noem had preordained the decision because of “hostility to nonwhite immigrants.”

TPS can be granted by the Homeland Security secretary when conditions in a foreign country are deemed unsafe because of natural disasters, armed conflict or other extraordinary circumstances.

Haiti first received the designation in 2010 after a catastrophic earthquake and has remained under TPS because of political instability, natural disasters and surging gang violence. 

The designation has been extended several times.

FEDERAL JUDGE HALTS TRUMP TPS POLICY, ACCUSES DHS OF MAKING MIGRANTS ‘ATONE FOR THEIR RACE’

Kristi Noem, secretary of the Department of Homeland Security, is seen during an assumption of command ceremony at the U.S. Coast Guard headquarters in Washington, D.C., on Thursday, Jan. 15, 2026.   (Luke Johnson/Bloomberg via Getty Images)

“If the termination stands, people will almost certainly die,” attorneys representing Haitian TPS holders had warned in a December court filing. They cited violence, disease and food insecurity in Haiti.

The lawsuit also alleges that Noem failed to properly assess whether the country is still unsafe and that the decision was motivated by “racial animus.”

At the time, the Department of Homeland Security disputed those claims and said conditions in Haiti had improved.

TRUMP CUTS FAMILY REUNIFICATION PROGRAMS FOR SEVEN COUNTRIES CITING FRAUD AND SECURITY CONCERNS

Violence in Haiti continues as gangs wreak havoc in Port-au-Prince March 2024.  Photo by Project Dynamo (Project Dynamo)

Government attorneys argued that allegations of racial bias relied on statements taken out of context and insisted Noem provided “reasoned, facially sufficient explanations” for ending the protections.

A DHS notice issued in November had also pointed to the authorization of a new force to combat gangs and determined that continued TPS for Haitians was against the national interest.

Department of Homeland Security spokesperson Tricia McLaughlin said that “Haiti’s TPS was granted following an earthquake that took place over 15 years ago.”

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“It was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades,” McLaughlin said in a statement.

Fox News Digital has reached out to the Department of Homeland Security for comment.