A federal judge has cleared the path for the U.S. to end Temporary Protected Status (TPS) for an estimated 330,000 to 350,000 Haitians living in the United States, a move that constitutes a significant immigration victory for former President Donald Trump. U.S. District Judge Ana Reyes stated in an order that her previous injunction blocking the termination of Haiti’s TPS designation is “no longer in effect” following a Supreme Court ruling.
The Supreme Court, in its decision in Mullin v. Doe, held that the TPS statute bars judicial review of non-constitutional decisions to terminate TPS designations. The court found that plaintiffs’ equal protection challenge was unlikely to succeed and reversed lower court rulings, remanding the case for further proceedings.
While the underlying lawsuit arguing the administration acted with unconstitutional racial animus in terminating the designation will continue, the administration is no longer legally barred by the injunction from proceeding with the termination. Department of Homeland Security General Counsel James Percival clarified that the TPS protections effectively expired on July 27, when the Supreme Court’s mandate was issued, and that Reyes’ order merely acknowledged this legal reality.
Trump had made the termination of expanded TPS protections for Haitians a key campaign promise. The issue became a focal point in the 2024 election, with Trump and his running mate, JD Vance, attributing an influx of Haitian migrants into Springfield, Ohio, to the Biden administration's TPS policies. The controversy gained national attention, with Trump referencing claims of migrants harming local wildlife and pets.
Haiti was first granted TPS following a devastating earthquake in 2010, and the designation had been extended through multiple administrations for 16 years. The Biden administration subsequently expanded and extended these protections for Haitians already residing in the U.S.
Former DHS Secretary Kristi Noem had determined that Haiti no longer met the statutory requirements for TPS, arguing the program had surpassed its intended temporary scope. This decision initiated the legal challenge that ultimately led to the Supreme Court case.
Following the Supreme Court's ruling and the subsequent mandate on July 27, DHS announced the termination of Haiti’s TPS designation. The department stated that Employment Authorization Documents issued under the designation were no longer valid and instructed employers to reverify the work authorization of affected employees.
The State Department currently maintains a Level 4 “Do Not Travel” advisory for Haiti due to widespread gang violence, kidnappings, and civil unrest.