A federal judge has acknowledged that a court order preventing the termination of Temporary Protected Status (TPS) for Haitians is no longer in effect, a development that allows the Biden administration to end the designation for an estimated 330,000 to 350,000 individuals. The decision by U.S. District Judge Ana Reyes follows the Supreme Court's ruling in Mullin v. Doe.
In her order, Judge Reyes stated that her previous injunction was "no longer in effect" due to the Supreme Court's decision and the subsequent mandate from the D.C. Circuit. While the underlying lawsuit challenging the termination on grounds of unconstitutional racial animus will continue, the administration is no longer legally barred from ending TPS for Haitians.
The Supreme Court ruled in June that the TPS statute prevents judicial review of non-constitutional decisions to terminate TPS designations. The Court also found that the plaintiffs' equal protection challenge was unlikely to succeed, reversing lower court decisions and remanding the case.
DHS General Counsel James Percival clarified that the TPS designation for Haiti effectively ended on July 27, when the Supreme Court's mandate was issued. Reyes' order, he explained, simply acknowledged this legal reality.
Haiti was first granted TPS following a devastating earthquake in 2010. The designation remained active for 16 years across multiple administrations. The Biden administration later expanded and extended these protections.
Former DHS Secretary Kristi Noem had determined that Haiti no longer met the statutory requirements for TPS, citing conditions in the country. The administration's decision to terminate the designation argued that the program had exceeded its intended temporary purpose, triggering the legal challenge that proceeded to the Supreme Court.
Following the Supreme Court's ruling, DHS announced the termination of Haiti's TPS designation was effective July 27, invalidating associated employment authorization documents and instructing employers to reverify the work authorization of affected employees. The State Department currently advises against travel to Haiti due to widespread gang violence, kidnappings, and civil unrest.