A federal judge rejected the Trump administration's removal of temporary protection status for 520,000 Haitians, Fox News reported. The judge ruled Tuesday that President Donald Trump's Department of Homeland Security Secretary, Kristi Noem, did not comply with Congress's recommendations for phasing out the protections.
On Friday, a DHS spokesperson said ending the temporary protection status of these migrants is necessary to preserve the immigration system. If the status allows them to stay even after the status is no longer necessary due to improving conditions, it becomes a de facto amnesty
"The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home. We encourage these individuals to take advantage of the Department’s resources in returning to Haiti, which can be arranged through the CBP Home app," the spokesperson said last Friday before the judge's decision.
"Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible," the spokesperson added. However, Tuesday's decision by U.S. District Judge Brian Cogan in Brooklyn negates that move.
Noem sought to have the designation stripped before Aug. 3 with a final effective date of Sept. 2. However, Cogan decided that "Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation."
He said that her move was "unlawful" because of this, as she shortened the length of time for the designation to apply. "Plaintiffs are likely to (and, indeed, do) succeed on the merits," Cogan said in his decision.
It was also Cogan's opinion that allowing Haitians to stay past the time it's necessary will "far outweigh" any downsides for the U.S. He was worried that these people's lives have become too enmeshed in the U.S. for them to make an unexpected return to their homeland.
"When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period. Plaintiffs have enrolled in schools, taken jobs, and begun courses of medical treatment in the United States in reliance on Haiti’s TPS designation lasting until at least February 3, 2026," the judge said, according to the Epoch Times.
Meanwhile, the Trump administration is trying to close as many immigration loopholes as possible as promised during the campaign. With conditions improving in Haiti, it seems the program has outlived its useful life, and Noem moved to do something about it.
Despite what the judge said, Noem believes extending TPS for Haitians, especially in light of changing circumstances, is not in America's best interests. "DHS records indicate that there are Haitian nationals who are TPS recipients who have been the subject of administrative investigations for fraud, public safety, and national security," a notice from the DHS stated.
"These issues underscore a conflict with the national interest of the United States," it added. TPS was created as part of the Immigration Act of 1990 as a way to allow citizens from certain nations facing hardships, including disasters, war, or other unsafe conditions, to take refuge in the U.S.
The status is typically granted in 18-month stretches but can be extended. Haiti has faced numerous setbacks in recent years, including natural disasters, political unrest, and widespread crime, that has allowed for it to fall under TPS.
However, with those conditions waning, the Department of Homeland Security believes TPS no longer applies to Haiti and has offered $1,000 and a complimentary plane ticket home. The judge struck that option down in a move which has surely angered Trump as he pushes for a more secure border.
There's no reason the U.S. should be responsible for the entire world's population in need. There are many Americans who are also in need and could benefit from aid and resources while Democrats give handouts to people from all corners of the world.
