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A federal judge shot down the Trump administration’s efforts to end temporary protection status (TPS) for more than 520,000 Haitian immigrants currently living in the United States
The Haitian TPS designation is expected to expire on August 3rd, and has ended its effectiveness on September 2nd.
Brooklyn US District Judge Brian Kogan rejected those plans Tuesday, and Homeland Security Secretary Christie Noem said he failed to follow the timeline and directions required by Congress to reconsider the TPS designation for Haitians.
In his decision, Kogan wrote, “Commander Noem has no statutory or inherent authority to partially vacate the country’s TPS designation.” Doing so added that it made her actions “illegal.”
Trump administrators end temporary protection status for Haitian immigrants currently in the US
Haitian immigrants approved the cheers of humanitarian parole on August 30, 2022, as they were on a bus to take migrants to the US at the Senda de Vida Shelter in Reinosa, Mexico. (Michael Negro/Getty Images)
“Plaintiffs are likely to succeed in the merits (and in fact they do),” Kogan added.
He went on to say that Haitians’ interests in living and working in the United States “far more than the potential harm to the US government.”
That being said, the government still has the freedom to enforce immigration laws and end the TPS status established by Congress.
Fox News Digital reached out to DHS to comment on the issue, but received no response by the time of publication.
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A DHS spokesperson said Friday that the decision to terminate the TPS would not only be in fact temporary, but would restore the integrity of the US immigration system.
“The environmental situation in Haiti has improved enough to make it safe for Haitians to return home,” the spokesman said. “These individuals encourage sector resources to be used when returning to Haiti, which can be arranged through the CBP Home App. Haitian citizens, if they are qualified, can pursue legal status through other immigration benefits requests.”
Noem originally decided to revoke TPS status from Haitians after reviewing the US Citizens Immigration Service (USCIS) report, which shows that island nations no longer meet the legal requirements that allow them to obtain TPS.
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Haitian immigrants will cross the US-Mexico border of Rio Grande, seen from Ciudad Acuna in Coahuira, Mexico on September 20, 2021 (Paul Ratje/AFP via Getty Images)
A source from DHS tells Fox News that it is encouraging Haitians living in the US to use the TPS to ensure a safe departure home by offering free plane tickets and a $1,000 exit bonus.
Congress created the TPS as part of the 1990 Immigration Act. The program has the ability to be extended in an incremental 18 months to evacuate to the United States with the aim of allowing residents of countries facing war, disaster, or other unsafe and extraordinary conditions.
The Trump administration is pressing for the rollback of its TPS designation to fulfill its campaign promise to strengthen borders and strengthen the borders of many illegal immigrants who cross the border under former President Joe Biden.
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Biden gave Venezuelan TPS status in 2021 and renewed the designation in January 2025 before the end of his term.
The latest designation will take place between April 3, 2025 and October 2, 2026. It is estimated that protections will apply to around 300,000 Venezuelans before the Trump administration repeats its decision.
Preston Mizell and Reuters from Fox News Digital contributed to this report.
Greg Wehner is a news reporter for Fox News Digital.
Story tips and ideas can be sent to greg.wehner @fox.com and Twitter @gregwehner.
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