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Appeals Court Keeps TPS for Haitians as Trump Seeks Supreme Court Review

The ruling preserves work authorization during the case, with the administration preparing a high court challenge to DHS authority.

Overview

  • A 2-1 D.C. Circuit panel refused to stay a Feb. 2 order blocking the termination of Temporary Protected Status for more than 350,000 Haitians.
  • Judges Florence Pan and Brad Garcia cited exposure to violence, a collapsing rule of law, and lack of critical medical care if people were returned; Judge Justin Walker dissented.
  • U.S. District Judge Ana C. Reyes previously found the November move by DHS Secretary Kristi Noem likely violated TPS procedures and equal protection guarantees.
  • Solicitor General D. John Sauer told the Supreme Court he will appeal and sought a broad ruling to let the government more quickly end protections for migrants from multiple countries, including Haiti and Syria.
  • The decision shields roughly 45,000 Haitian TPS holders in Massachusetts as local leaders praise the outcome, while DHS argues conditions have improved and rejects claims of racial animus.