A federal judge has halted Secretary of Homeland Security Kristi Noem’s attempt to prematurely terminate Temporary Protected Status (TPS) for Haitian nationals, ruling that the move violated established legal procedures.
U.S. District Judge Brian M. Cogan, of the Eastern District of New York, issued the decision just days after Noem announced plans to cut short Haiti’s TPS designation, which was originally set to expire in February 2026. The Department of Homeland Security (DHS) had planned to move that deadline up to September 2025, asserting that Haiti was now safe for return.
Judge Cogan rejected the move, stating that DHS had failed to follow the proper timeline and statutory process laid out by Congress for ending TPS protections.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Cogan wrote in his ruling. “Her partial vacatur must be set aside as unlawful under the Administrative Procedure Act.”
TPS is a humanitarian immigration program that allows individuals from countries facing extraordinary crises—such as armed conflict, natural disasters, or political instability—to temporarily live and work in the United States. Haiti was first granted TPS following the devastating 2010 earthquake, and the designation has been extended multiple times since.
The Biden administration last renewed Haiti’s TPS status through February 3, 2026. However, earlier this year, Secretary Noem reversed that extension and announced plans to end protections early, calling the country “safe for return.” The decision immediately drew legal challenges from immigrant rights groups and Haitian advocacy organizations.
In his ruling, Cogan affirmed that while DHS retains the authority to terminate TPS, it must do so through the procedures outlined by Congress. He did not issue an injunction but made clear that any future attempt to end TPS must comply with the law.
DHS estimates that over 520,000 Haitian nationals currently residing in the U.S. are eligible for TPS protections—a dramatic increase from the 57,000 covered in 2011.
Responding to the court’s decision, DHS spokesperson Tricia McLaughlin criticized the ruling.
“This ruling delays justice and seeks to kneecap the president’s constitutionally vested powers,” she said in a statement to Reuters. “We expect a higher court to vindicate us.”
Secretary Noem previously took similar action in January, when she rescinded TPS protections for Venezuelan nationals extended under President Biden.
The ruling is a significant setback for the Trump administration’s broader effort to reduce the use of humanitarian immigration programs, which critics argue have been wrongly treated as alternatives to the traditional asylum system.
