Federal judge blocks DHS from canceling temporary protection status for Haitians

A federal judge blocked the Department of Homeland Security from canceling temporary protection status for Haitians.

DHS on Friday announced the termination of temporary protected status (TPS) for Haitians, which was expected to expire on Aug. 3, with termination to take effect Sept. 2. More than 500,000 Haitians currently have TPS.

TPS allows foreigners to receive temporary relief from removal and work authorization in the U.S. when they cannot safely return to their native country because of war, natural disasters, or other extraordinary and temporary conditions.

U.S. District Judge Brian Cogan for the Eastern District of New York, appointed by former President George W. Bush, ruled Tuesday that Homeland Security Secretary Kristi Noem didn't follow the timeline and instructions required by Congress to reconsider TPS designations for Haitians.

"Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation," Cogan wrote in his decision. Therefore, he said, her actions were "unlawful."

"Plaintiffs are likely to (and, indeed, do) succeed on the merits," Cogan added.

The Haitian Evangelical Clergy Association, a labor union, and several individuals sued the Trump administration over the TPS revocation.

The judge also said that Haitians' interests in living and working in the U.S. "far outweigh" potential harm to the U.S. government in postponing the TPS removal. However, the government may still enforce immigration laws and terminate TPS status as established by Congress, he added.