Federal Judge Rules in Favor of Haitians on Temporary Protected Status

This week, U.S. District Judge Brian M. Cogan of New York ruled in favor of Haitian’s temporary protected status in the United States. The ruling comes in the wake of Trump’s new immigration policy aiming to remove the highest number of immigrants in U.S. history. 

In order to fulfill his campaign promise, Trump has created legal pathways to delegitimize the citizenship and legal status of many immigrants. According to the American Immigration Council, Temporary Protected Status ensures the safety of over one million people from countries like Nepal, Ethiopia, Venezuela, Ukraine, Haiti, and more. 

The choice to remove Haitians from the TPS list doesn’t come as a complete shock. This February, Kristi Noem chose not to extend TPS for Haitians, giving recipients until September 2nd to make alternate plans. In the notice provided by the Department of Homeland Security, the agency argues that “after reviewing country conditions and consulting with appropriate U.S. Government agencies”, Haiti “no longer continues to meet the conditions for designation for TPS” which include ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane), an epidemic, or other extraordinary and temporary conditions.

Cogan’s ruling found that Secretary Noem acted outside of her authority by cutting TPS short, “six months from the 18-month TPS extension that the prior Biden administration had granted to Haitian nationals” according to the Miami Herald. Cogan also mentioned that  “Plaintiffs have also shown they will suffer irreparable injury without postponement” of the current TPS end date.

Cogans ruling comes after the Supreme Court decision preventing lower court rulings from applying nationwide after major pushback against Donald Trump’s attack on birthright citizenship. In this case, Cogan did not issue a nationwide injunction. Instead, he followed the legal precedent set forth earlier by the Supreme Court ruling around Venezuelans on TPS which “indicated that individuals with pending applications for other immigration benefits could challenge the government if authorities try to cancel their work permits or remove them from the country in the meantime.” By failing to submit changes 60 days prior to August 3rd, the two organizations suing were able to provide a compelling case for violation of due process and racial discrimination. 

For now, many Haitians are breathing a sigh of relief. A concrete timeline allows for community members to plan their next move in the face of uncertainty.

---

Do you have news to share? If so, send
Hy-Lo News your story ideas by clicking here.