Judge says DHS can't end protected status for Haitian migrants this year

SCOTUS: Trump tin cancel TPS for Venezuelans

Supreme Court allows Trump to cancel impermanent protected presumption for Venezuelan migrants 02:47

The Trump medication cannot chopped disconnected ineligible presumption and enactment permits for hundreds of thousands of Haitian migrants this fall, a national justice ruled precocious Tuesday.

The ruling by Brooklyn-based U.S. District Judge Brian Cogan, who was nominated by erstwhile President George W. Bush successful 2006, prevents Homeland Security Secretary Kristi Noem from pursuing done connected a plan to revoke impermanent protected status, oregon TPS, of Haitians surviving successful the U.S. nether the programme connected Sept. 3, a fewer months earlier their presumption was acceptable to expire nether a Biden-era deadline.

Nearly 350,000 radical from Haiti are currently enrolled successful the TPS program, which allows migrants to stay successful the U.S. if their location state is unsafe owed to warfare oregon earthy disaster. The national authorities archetypal granted TPS designation to Haiti successful 2010, and the Biden medication extended it for Haitian migrants until February 2026.

DHS announced Friday that benefits volition alternatively extremity successful September, and unless migrants suffice for immoderate different signifier of ineligible status, they volition suffer their close to enactment and whitethorn look deportation.

In his ruling Tuesday, Hogan sided with a radical of Haitian migrants who sued implicit the extremity to TPS for the Caribbean nation. The justice wrote that Noem "does not person statutory oregon inherent authorization to partially vacate a country's TPS designation."

Hogan said the DHS caput "cannot reconsider Haiti's TPS designation successful a mode that takes effect earlier February 3, 2026, the expiration of the astir caller erstwhile extension."

"Plaintiffs person enrolled successful schools, taken jobs, and begun courses of aesculapian attraction successful the United States successful reliance connected Haiti's TPS designation lasting until astatine slightest February 3, 2026," Hogan wrote successful the 23-page ruling.

DHS argued past week that TPS is intended to beryllium temporary, and the "environmental concern successful Haiti has improved capable that it is harmless for Haitian citizens to instrumentality home." But advocates warn Haiti is wracked by persistent pack unit and wellness problems.

The Trump medication has pushed to upwind down TPS for respective different countries, including Venezuela and Afghanistan. The Supreme Court allowed the administration to extremity TPS for Venezuelan migrants successful a precocious May decision, reversing a little tribunal ruling.

CBS News has reached retired to the White House and DHS for comment