A federal judge appointed by former President Joe Biden has temporarily halted the Trump administration’s move to end Temporary Protected Status (TPS) for Haitian migrants implemented 15 years ago after a large earthquake devastated the island.
U.S. District Judge Ana Reyes ruled that Homeland Security Secretary Kristi Noem is “substantially likely” to have decided to terminate Haiti’s TPS designation “because of hostility to nonwhite immigrants.” The decision blocks the administration from revoking the protections while the case proceeds.
The Department of Homeland Security strongly condemned the ruling and signaled it would appeal. “This is naked, lawless activism that we will take to a higher court and be vindicated on,” DHS said in a statement to Fox News. “Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades. Temporary means temporary and the final word will not be from an activist judge legislating from the bench.”
In her opinion, Reyes opened with an expansive historical reference, citing George Washington’s belief that “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions,” arguing that this principle later became embedded in U.S. law through the creation of TPS.
Reyes also highlighted examples of Haitian migrants involved in the case, pointing to their professional backgrounds and education levels to counter claims that the administration was targeting criminals. She wrote that “Haitian immigrants are overwhelmingly law-abiding, with incarceration rates lower than those of native-born Americans.”
The judge concluded that continuing Haiti’s TPS designation posed no harm while the issue is resolved and argued that Noem lacked factual and legal support for ending the program. Reyes noted that instead, Noem relied on social media commentary and even included an X post from the secretary within her ruling.
Reyes’ decision is not an isolated case in judicial activism. In December, Biden-appointed Judge Angel Kelley similarly blocked DHS from revoking Temporary Protected Status for migrants from South Sudan.