In a big relief to Haitians, a federal judge on Monday (February 2, 2026) blocked the end of protections that have allowed roughly 350,000 Haitians to live in the US. The decision has dealt President Donald Trump's immigration agenda another legal setback. The relief, however, is temporary.
US District Judge Ana Reyes in Washington granted a request to pause the termination of Temporary Protected Status (TPS) for Haitians while a lawsuit challenging it proceeds. The termination, which was set for Tuesday, “shall be null, void, and of no legal effect,” she wrote, as reported by news agency AP.
“We can breathe for a little bit,” said Rose-Thamar Joseph, the operations director of the Haitian Support Center in Springfield, Ohio, as quoted by AP.
In an 83-page opinion, Reyes said that plaintiffs were likely to prevail on the merits of the case and that she found it “substantially likely” that Homeland Security Secretary Kristi Noem preordained her termination decision because of “hostility to nonwhite immigrants.”
DHS denounces ruling
Department of Homeland Security spokesperson Tricia McLaughlin denounced the ruling as “lawless activism.”
“Haiti's TPS was granted following an earthquake that took place over 15 years ago," she said in a statement, as quoted by AP. “It was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades,” the statement added. DHS also said that Haiti has improved, but community leaders say it's still unsafe.
The judge, an appointee of President Joe Biden, said Noem did not have “unbounded discretion” and was required to consult with other agencies on conditions in Haiti. According to AP, the ruling cited Noem's own words three days after announcing an end to Haitian protections, calling for a travel ban from Haiti and “every damn country that has been flooding our nation with killers, leeches, and entitlement junkies.”
What is TPS? Here’s how a country’s citizens get this immigration status
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there, according to the American Immigration Council.
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, according to AP. It is pertinent to note that while it grants TPS holders the right to live and work in the US, it does not provide a legal pathway to citizenship.
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.
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.
‘People will die’: Attorneys for Haitian TPS holders vs. DHS
“If the termination stands, people will almost certainly die,” attorneys for Haitian TPS holders wrote in a court filing in December 2025, as quoted by AP. “Some will likely be killed, others will likely die from disease, and yet others will likely starve to death,” the court filing further stated.
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.
DHS said conditions in Haiti had improved. In a court filing in December 2025, 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 2025 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.
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“We can breathe for a little bit,” said Rose-Thamar Joseph, the operations director of the Haitian Support Center in Springfield, Ohio, as quoted by AP.
In an 83-page opinion, Reyes said that plaintiffs were likely to prevail on the merits of the case and that she found it “substantially likely” that Homeland Security Secretary Kristi Noem preordained her termination decision because of “hostility to nonwhite immigrants.”
DHS denounces ruling
Department of Homeland Security spokesperson Tricia McLaughlin denounced the ruling as “lawless activism.”
“Haiti's TPS was granted following an earthquake that took place over 15 years ago," she said in a statement, as quoted by AP. “It was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades,” the statement added. DHS also said that Haiti has improved, but community leaders say it's still unsafe.
The judge, an appointee of President Joe Biden, said Noem did not have “unbounded discretion” and was required to consult with other agencies on conditions in Haiti. According to AP, the ruling cited Noem's own words three days after announcing an end to Haitian protections, calling for a travel ban from Haiti and “every damn country that has been flooding our nation with killers, leeches, and entitlement junkies.”
What is TPS? Here’s how a country’s citizens get this immigration status
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there, according to the American Immigration Council.
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, according to AP. It is pertinent to note that while it grants TPS holders the right to live and work in the US, it does not provide a legal pathway to citizenship.
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.
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.
‘People will die’: Attorneys for Haitian TPS holders vs. DHS
“If the termination stands, people will almost certainly die,” attorneys for Haitian TPS holders wrote in a court filing in December 2025, as quoted by AP. “Some will likely be killed, others will likely die from disease, and yet others will likely starve to death,” the court filing further stated.
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.
DHS said conditions in Haiti had improved. In a court filing in December 2025, 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 2025 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.
