Judge blocks early termination of TPS for Haiti
A federal judge blocked the Trump administration from early ending TPS for Haiti
A federal judge in New York has blocked the Trump administration's attempt to strip Temporary Protected Status (TPS) from Haitians who have fled instability in their country.
The ruling issued Friday by U.S. District Judge Brian Cogan preserves, for now, the Biden administration's extension of TPS for Haiti, which covers to some 500,000 Haitians living in the United States.
Judge Cogan ruled in his ruling as “illegal” the decision of the Secretary of the Department of Homeland Security, Kristin Noem, to annul the extension of the Temporary Protected Status (TPS) for Haiti, which represents a barrier for the White House, which ended the immigration protection.
Last February, Noem modified the 18-month extension for the TPS that favors more than half a million Haitians granted by the Joe Biden Administration (2021-2025), which expired on February 3, 2026.
The secretary reduced the benefit to twelve months and imposed an expiration date of August 3, 2025, which allowed her to announce the end of the protection last Friday.
But Judge Brian Cogan said in his ruling that Noem “does not have the legal authority” to “partially annul” the designation of TPS from a country.
The judge indicated that tens of thousands of Haitians have come to depend on TPS, which grants them work authorization and protects them from deportation, so withdrawing the benefit before that date (February 2026) "represents a significant harm" that the court has the power to correct.
The ruling by Cogan, appointed by former President George W. Bush (2001-2009) to the district of New York, restores hope for thousands of Haitian immigrants protected by immigration protection, who last Friday received a severe blow when Noem announced its end.
The government had given the beneficiaries until September 2 to apply for another immigration benefit or self-deport.
The decision in the lawsuit filed by nine affected Haitians would benefit other immigrants from that country protected by TPS, according to Judge Cogan, citing his authority to halt agency actions under the Administrative Procedure Act.
The interpretation comes after the Supreme Court ruled last week against universal injunctions, which with its ruling protects others affected beyond the original plaintiffs.
In the case of Haiti, nearly 521,000 citizens of that country were protected by the injunction, after the Biden administration extended the benefit in July 2024 through 2026.
TPS is a protection granted to citizens of a certain country who have migrated to the United States due to a natural disaster or armed conflict, and allows them to live and work in the country until such time as the government deems it safe for them to return.
Haiti has been designated for TPS several times due to various crises, including the devastating 2010 earthquake and the current instability.
The Trump administration has sought to revoke immigration parole programs and Temporary Protected Status for more than 1 million people from countries including Haiti, Cuba, Nicaragua, Venezuela, Cameroon, and Afghanistan.

