Federal judge blocks Trump administration's early termination of TPS for Haitians

A federal judge in New York has blocked the Trump administration's attempt to temporary protected status (TPS) early for hundreds of thousands of Haitian immigrants living in the U.S. The policy, which had already been implemented by Homeland Security Secretary Kristi Noem for immigrants from other countries like Venezuela, will not apply to Haitians for now.

The 23-page ruling, issued by federal judge Brian Cogan, maintains — at least for now — the extension of Temporary Protected Status (TPS) for Haitian nationals that was approved by the Biden administration in 2024. According to the judge, the measure, which protects approximately 500,000 people from deportation, is set to remain in effect until February 3, 2026.

Judge Cogan’s decision represents, for now, a setback for President Donald Trump, who has pledged on the campaign trail to take a hard line on illegal immigration. Critics argue that targeting TPS effectively undermines legal immigration, since it impacts foreign nationals who entered the country legally. However, the Trump administration contends that the Biden administration distorted the program by expanding it too broadly.

Even so, the Department of Homeland Security’s recent effort to end TPS for Haitians ahead of schedule has faced criticism. The move was justified by Secretary Noem, who claimed that socio-political and humanitarian conditions in Haiti had improved. However, the U.S. State Department still maintains a “Do Not Travel” advisory for the country, citing widespread insecurity, kidnappings, and social unrest.

In his 23-page ruling, Judge Cogan—who was appointed by former Republican President George W. Bush—concluded that the early termination of TPS was unlawful, as it violated the procedures outlined in the TPS statute.

According to the federal judge, authorities may not revoke TPS protections before the current extension expires, nor can they disregard the legal obligation to provide beneficiaries with sufficient notice to allow them to plan and adjust their lives accordingly.

“When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period,” the judge wrote. He noted that hundreds of thousands of Haitians covered by TPS have built their lives in the United States—accessing jobs, education, and healthcare—thanks to the protection it provides.

"Secretary Noem cannot reconsider Haiti’s TPS designation in a way that takes effect before February 3, 2026," Cogan added.

The case—and the federal judge’s reversal—comes amid a broader push by the Trump administration to roll back immigration protections for nationals from countries such as Haiti, Venezuela, Cuba, Nicaragua, Cameroon, and Afghanistan. Most recently, in May, the Supreme Court allowed the White House to revoke a similar TPS designation that had protected approximately 350,000 Venezuelans.

This case could set a precedent for similar cases, including the one involving Haitian nationals.

In fact, while Judge Cogan’s ruling offers temporary relief for the Haitian community, the future of the TPS program remains highly uncertain. It will likely be determined either by the courts or, if not, through new political decisions in Washington.