A US federal judge in the Eastern District of New York on Monday blocked an attempt by President Donald Trump’s administration to end Temporary Protected Status (TPS) for Haitians five months earlier than scheduled.
The court decision affects an estimated 521,000 Haitians who have received TPS protections allowing them to live and work legally in the US. Haitian TPS recipients will retain legal status and work authorization at least through February 2026, pending further litigation. Many expect the administration to appeal.
US District Judge Brian M. Cogan ruled that abruptly ending TPS mid-designation violates statutory notice requirements and undermines beneficiaries’ reliance interests. He wrote, “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.”
Judge Cogan further elaborated that rescinding protections without proper procedural safeguards is potentially unlawful, sustaining the plaintiff’s claims that the Trump administration’s TPS expiration order was “arbitrary and capricious” and in violation of the due process and equal protection clauses.
The US Department of Homeland Security (DHS) established TPS under the Immigration Act of 1990 and allows nationals from countries facing armed conflict, environmental disasters or other extraordinary conditions to live and work temporarily in the US. The program does not provide a pathway to permanent citizenship, requiring renewals through the executive branch every 6-18 months.
TPS began covering Haitians in 2010 following a devastating earthquake and has since been repeatedly extended. The Biden administration had previously extended TPS through at least February 3, 2026, citing Haiti’s deteriorating conditions, including gang violence, political instability, and lingering effects from the earthquake. However, DHS Secretary Kristi Noem’s plan to revoke Haiti’s TPS designation was scheduled to be effective September 2, 2025. Judge Cogan’s 23-page preliminary injunction halted this..
The 2025 lawsuit challenging the Trump administration’s decision to end TPS early for Haitians was brought by Service Employees International Union (SEIU) Local 32BJ and several impacted individuals. The union welcomed the ruling, with President Manny Pastreich vowing continued advocacy for Haitian communities. In a statement, Pastreich promised, “We will keep fighting for the rights of our members and all immigrants against the Trump Administration – in the streets, in the workplace, and in the courts as well. And when we fight, we win.”
Assistant Secretary for Public Affairs Tricia McLaughlin stated that previous administrations regarded TPS for Haitians as a “de facto asylum program.” McLaughlin asserted, “The Trump administration is restoring integrity to our immigration system to keep our homeland and its people safe, and we expect a higher court to vindicate us in this. We have the law, the facts, and common sense on our side.”
Armed gang violence in the Caribbean country has forced approximately 1.3 million people from their homes, amid worsening instability and limited response capacity from both national authorities and the international community, according to a 2025 report by the United Nations’ International Organization for Migration. Since December, the number of displaced individuals has risen by 24 percent, with around 11 percent of the country’s nearly 12 million residents now uprooted, the report stated.
