President Donald Trump secured a significant immigration victory, following a decision by the Supreme Court regarding Temporary Protected Status (TPS) for Haitians. A federal judge recognized that the court order blocking the administration from ending TPS for hundreds of thousands of Haitians is no longer applicable.
This development is the result of a prolonged legal battle over the Biden administration’s decision to expand Haiti’s TPS designation. Trump, running for reelection, criticized this expansion, attributing the increase of Haitian migrants in places like Springfield, Ohio, to these policies. Residents expressed concerns about traffic, public services, and social tensions.
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U.S. District Judge Ana Reyes stated that her previous order hindering the Department of Homeland Security’s (DHS) termination of Haiti’s TPS is no longer effective after the Supreme Court’s decision and the D.C. Circuit’s mandate. The remaining lawsuit focuses on whether racial bias was involved in ending the TPS designation.
The Supreme Court ruled that judicial review of non-constitutional decisions to end TPS is prohibited, making the plaintiffs’ equal protection case unlikely to succeed. This reversed lower court rulings, sending the case back for further proceedings.
DHS’s General Counsel, James Percival, emphasized that Haiti’s TPS protections ended when the Supreme Court issued its mandate on July 27. Judge Reyes’ order recognized this conclusion.
Haiti was originally granted TPS after the 2010 earthquake, with the designation lasting through several administrations. The Biden administration had expanded protections for Haitians in the U.S.
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Following a review of conditions in Haiti, former DHS Secretary Kristi Noem concluded the country no longer warranted TPS. The termination decision led to the legal case that reached the Supreme Court.
After the ruling, DHS announced the termination of Haiti’s TPS as of July 27. Employment authorization documents related to TPS were invalidated, and employers were told to reverify the work status of those affected.
The State Department continues to advise against traveling to Haiti, citing widespread violence and unrest.
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