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Judge Targets Kristi Noem in Unhinged Decision Blocking Haitian Migrant Policy Change
Tipsheet

Federal Judge Blocks Trump’s Plan to Deport 500,000 Haitians — Here’s Why

AP Photo/Evan Vucci

A federal judge on Tuesday blocked the Trump administration’s plan to revoke temporary legal status for over 500,000 Haitians residing in the United States.

Judge Brian M. Cogan with the US District Court for the Eastern District of New York ruled in favor of Haitian migrants who were previously granted Temporary Protected Status (TPS) under the Biden administration. 

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Cogan ruled that Homeland Security Secretary Kristi Noem’s plan to cut short the TPS extension from February 3, 2026, to August 3, 2025, exceeded her authority while violating the Administrative Procedure Act (APA). The APA has been instrumental in left-wing legal challenges to President Donald Trump’s policies.

The court held that Noem’s move caused ongoing harm because the plaintiffs’ “reliance on Haiti’s TPS designation lasting until at least February 3, 2026, has been destroyed,” according to Cogan’s ruling. He pointed out that because of DHS new policy, the plaintiffs were forced to “start planning now if they have any hope of managing and surviving a possible return to Haiti.”

The judge further noted that those affected “have enrolled in schools, taken jobs, and begun courses of medical treatment in reliance on Hait’s TPS designation” and argued that “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.”

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Cogan noted that while the Supreme Court ruled against nationwide injunctions, it does not apply to his ruling, which applies to the individuals affected by DHS’ change in policy. He also asserted that Secretary Noem did not have the authority to make this decision. 

The federal government designated Haiti for TPS in 2010 after a massive earthquake hit the nation, causing widespread devastation. The program allows people from other countries to reside in the United States on a temporary basis if it is dangerous for them to return to their home countries due to ongoing armed conflicts, natural disasters, or other conditions. 

DHS announced the termination of legal status for Haitian migrants on Friday. The White House explained that conditions in Haiti have improved enough for these individuals to return to their country. 

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“The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” said a DHS spokesperson. “We encourage these individuals to take advantage of the Department’s resources in returning to Haiti, which can be arranged through the CBP Home app. Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible.”

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