SPRINGFIELD, Ohio (AP) — A federal judge on Monday blocked the Trump administration from ending temporary protections that have allowed roughly 350,000 Haitians to live and work in the U.S.
U.S. District Judge Ana Reyes in Washington granted to pause the termination of temporary protected status for Haitians while a lawsuit challenging it proceeds. The TPS designation for people from the Caribbean island country was scheduled to end on Feb. 3.
“During the stay, the Termination shall be null, void, and of no legal effect,” the judge said in her two-page order.
Temporary Protected Status can be granted by the Homeland Security secretary if conditions in home countries are deemed unsafe for return due to a natural disaster, political instability or other dangers. While it grants TPS holders the right to live and work in the U.S., it does not provide a legal pathway to citizenship.
The Trump administration has aggressively sought to remove the protection, making more people eligible for deportation. The moves are part of the administration’s wider, mass deportation effort.
In addition to the migrants from Haiti, Homeland Security Secretary Kristi Noem has terminated protections for about 600,000 Venezuelans, 60,000 people from Honduras, Nicaragua and Nepal, more than 160,000 Ukrainians and thousands of people from Afghanistan and Cameroon. Some have pending lawsuits in federal courts.
Haiti’s TPS status was initially activated in 2010 after a catastrophic earthquake and has been extended multiple times. The country is racked by gang violence that has displaced hundreds of thousands of people.
“If the termination stands, people will almost certainly die,” attorneys for Haitian TPS holders wrote in a court filing in December. “Some will likely be killed, others will likely die from disease, and yet others will likely starve to death.”
They say the decision to end Haiti’s status was motivated by racial animus, and Noem failed to consider whether there was an ongoing armed conflict that would pose a “serious threat” to personal safety, as required by law.
The Department of Homeland Security said conditions in Haiti had improved. In a court filing in December, attorneys for the administration said the plaintiffs’ claims of racial animus were based on statements “taken out of context, often from other speakers and from years ago, and without direct links to the Secretary’s determinations.”
“Rather, Secretary Noem provided reasoned, facially sufficient explanations for her determinations.” they said.
A government notice in November announcing the termination said there had been some positive developments for Haiti, including authorization of a new, multinational force to combat gangs. Noem determined allowing Haitians to remain in the U.S. was against the national interest, the notice said.
