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Judge Halts Trump Move to End TPS for Haitians, Preserves Protections During Lawsuit

The stay keeps work authorization intact for Haitian TPS holders while the court reviews the legality of the termination.

Protesters gather during a candlelight vigil, and interfaith prayer at Fort Lauderdale-Hollywood International Airport as airport workers and faith leaders rally calling on the federal government to extend temporary protected status for Haiti on Jan. 28, 2026. (Al Diaz/Miami Herald/TNS)
Rev. Reginald Silencieux, right, leads a worship service at the First Haitian Evangelical Church of Springfield, Sunday, Feb. 1, 2026, in Springfield, Ohio. (AP Photo/Luis Andres Henao)
Ana Reyes, nominee for district court judge in Washington, testifies before the Senate Judiciary Committee on Capitol Hill in Washington, D.C., U.S., June 22, 2022. If confirmed Reyes would become the first Hispanic woman and openly LGBTQ person to serve as a district court judge in Washington. REUTERS/Sarah Silbiger
Yronel Cabrerra walks with protesters during a candlelight vigil and interfaith prayer at Fort Lauderdale-Hollywood International Airport on Jan. 28, 2026, as airport workers and faith leaders rally calling on the federal government to extend Temporary Protected Status for Haitians.

Overview

  • U.S. District Judge Ana C. Reyes issued a stay declaring the TPS termination for Haitians “null, void, and of no legal effect,” pausing the move scheduled to take effect Feb. 3.
  • Reyes’s 83-page opinion said plaintiffs are likely to prevail, finding it substantially likely DHS Secretary Kristi Noem preordained the decision out of hostility toward nonwhite immigrants.
  • The judge said Noem lacks “unbounded discretion,” faulted her for failing to consult required agencies, and criticized reliance on rhetoric posted on X instead of the administrative record.
  • The decision preserves work permits and deportation protections for roughly 350,000 Haitians nationwide, including large communities in places such as Massachusetts and Springfield, Ohio.
  • DHS denounced the ruling as “lawless activism,” argued TPS was never meant as de facto amnesty, asserted conditions in Haiti have improved, and signaled plans to appeal.