A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled Friday that the Trump administration cannot immediately move forward with plans to terminate Temporary Protected Status for more than 350,000 Haitian nationals living in the United States.
The 2–1 decision rejected a request from the U.S. Department of Homeland Security to pause a February ruling that blocked the agency from ending the program while legal challenges continue. The case centers on the administration’s attempt to revoke Haiti’s designation under the Temporary Protected Status program, which allows certain migrants to live and work legally in the United States while conditions in their home country remain unsafe.
Temporary Protected Status, commonly known as TPS, is a humanitarian program created by Congress that shields eligible migrants from deportation and grants temporary work authorization. The designation is typically issued to nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions that make returning unsafe.
The dispute stems from a decision by Homeland Security Secretary Kristi Noem to move toward ending TPS coverage for Haitians as part of the Trump administration’s broader immigration enforcement agenda. Administration officials have argued that the program was intended to provide short-term humanitarian relief and should not function as what they describe as a “de facto amnesty.”
The administration sought to halt a ruling issued Feb. 2 by U.S. District Judge Ana Reyes, who blocked the effort to terminate the protections while the case proceeds through the courts. The lawsuit was brought by Haitian migrants challenging the government’s decision to end their legal status.
In her ruling, Reyes concluded that the administration’s move to revoke the protections likely violated the procedures governing TPS terminations and raised concerns under the Fifth Amendment’s guarantee of equal protection.
On appeal, the administration argued that the U.S. Supreme Court had previously allowed the government to terminate TPS protections for Venezuelan nationals, suggesting the current case should be treated similarly.
However, appellate judges Florence Pan and Brad Garcia, both appointed by former President Joe Biden, said the circumstances surrounding Haiti differ significantly. In their opinion, they noted that individuals returned to the country could face severe dangers due to worsening instability and the breakdown of public institutions.
Judge Justin Walker, appointed by President Donald Trump, dissented from the decision. Walker argued that the Haitian case closely resembles the earlier litigation involving Venezuelan TPS protections and said the majority’s reasoning was inconsistent with prior rulings.
The Department of Homeland Security did not immediately respond to requests for comment following the appellate decision.
Haitian nationals were first granted Temporary Protected Status in 2010 after a devastating earthquake struck the country. The designation has been extended multiple times by successive administrations.
The most recent extension occurred in July 2024, when federal officials cited Haiti’s ongoing economic instability, political turmoil, gang violence, and humanitarian challenges as reasons to continue allowing Haitian migrants to remain temporarily in the United States.
The legal battle over the protections is expected to continue as the administration pursues its appeal while the lower court case moves forward.
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