Kristi Noem blocked from ending temporary protected status for Haitians

The temporary protected status (TPS) for Haitians in the United States is in the limelight once again. A federal judge has blocked the Trump administration’s bid to end temporary deportation protections and work permits for Haitian immigrants before the program’s scheduled expiration date. The judge added that the Department of Homeland Security, in the rush to strip deportation protections and work permits, violated the law. Homeland Security Secretary, Kristi Noem is attempting to end legal status for approximately 521,000 Haitian immigrants. The department had earlier revoked Joe Biden’s 18-month extension of temporary protected status (TPS) for Haitians through 3 February. The program was to end on 3 August, but it was extended till 2 September last week.

Meanwhile, the US district judge Brian Cogan in Brooklyn said that Noem did not follow procedures and a timeline mandated by Congress to reconsider the TPS designation for Haitians. “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation”, and this makes her actions "unlawful," Cogan wrote. "Her partial vacatur must be set aside as unlawful under the (Administrative Procedure Act.)...Plaintiffs are likely to (and, indeed, do) succeed on the merits."

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Lawsuit by nine Haitian TPS holders

A lawsuit was filed in March by nine Haitian TPS holders and advocacy groups, including the Haitian Evangelical Clergy Association and Service Employees International Union 32BJ, against the rollback. It argued that the sudden revocation of the rule jolted the lives of Haitians who were forced to prepare for deportation far earlier than expected.

Cogan added that Haitians' interests in being able to live and work in the United States "far outweigh" potential harm to the US government. He said that the Trump administration remains free to enforce immigration laws and terminate TPS status as prescribed by Congress. Notably, Republican President Donald Trump has cracked the whip on legal and illegal immigration during his second White House term.

Reactions to the ruling on Haitians TPS

In a statement, Homeland Security spokesperson Tricia McLaughlin said Haiti's TPS designation was granted following the 2010 earthquake in that country, and was never intended as a "de facto" asylum program. "This ruling delays justice and seeks to kneecap the President's constitutionally vested powers," she said. "We expect a higher court to vindicate us."

Manny Pastreich, president of SEIU Local 32BJ, whose members include Haitian TPS holders, said in a statement. "While the fight is far from over, this is an important step."