Their intervention is the only reason a federal court has blocked Kristi Noem’s efforts to terminate Temporary Protected Status (TPS). This ruling prevents approximately 521,000 Haitian immigrants from having their status revoked. US District Judge Brian Cogan found that Noem’s actions were unconstitutional. She had ignored her own department’s obligations required by Congress to review the conditions for countries with TPS.
On March 14, just nine Haitian TPS holders, their church association, and a chapter of the Service Employees International Union were enough to file suit. They sued Noem for ending their protections before she had the legal grounds to do so. Cogan, a judge on the bench appointed by George W. Bush, excoriated Noem for not investigating the situation in Haiti. He claimed that in making her decision, she failed to do the required cost benefit analysis.
Cogan then emphasized how sobering the outlook is. Most importantly, he argued, Haitians are much less likely to want to immigrate and harm the interests of the US government. He remarked, “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation.” This ruling highlights the legal burdens on officials who try to roll back protections gained for at-risk groups.
The Trump administration had already tried to terminate TPS protections for all different nationalities, including Haitians. Earlier this year, the Department of Homeland Security rescinded President Joe Biden’s extension of TPS for Haitians, reflecting ongoing tensions surrounding immigration policy. Donald Trump has long used immigration as a scapegoat and cornerstone of his political agenda.
Reacting to the ruling, Tricia McLaughlin, a spokesperson for Homeland Security, called the decision overreach. She stated, “This ruling delays justice and seeks to kneecap the President’s constitutionally vested powers.” Her comments underscore the hyperpartisan fight over immigration policy and executive power that has consumed Washington.
On May 19, the US Supreme Court ruled to terminate Temporary Protected Status (TPS) for Venezuelans. As a result, this ruling has generated new waves of apprehension about the prospects for other communities that hope to achieve similar protections. The plaintiffs allege that Noem’s actions were motivated in part by racial animus. This, they claim, constitutes a violation of their constitutional rights to equal protection.
Even years later, the case remains highly discussed. More importantly, it demonstrates the illogic and absurdities of our immigration policy in the United States. As discussions evolve, many remain focused on how these rulings will impact Haitian immigrants and their ability to live and work safely within the country.