Appeals Court Blocks Trump Administration’s Effort to Finish TPS for Haitians

A divided U.S. Appeals court has refused to allow the Trump administration to revoke Temporary Protected Status (TPS) for more than 350,000 Haitians, preventing their deportation to a country facing significant gang violence and instability. The decision, handed down late Friday, blocks the Department of Homeland Security (DHS) from ending Haiti’s TPS designation.

Background of the Case

Temporary Protected Status is a humanitarian program that allows eligible migrants to live and operate in the U.S. While shielding them from deportation. The Trump administration, under then-Secretary Kristi Noem, sought to end TPS for a dozen countries as part of a broader immigration crackdown, arguing the program was not intended as a pathway to permanent residency [1].

Court Ruling and Dissent

The 2-1 panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a February ruling by U.S. District Judge Ana Reyes, which had initially blocked the DHS from ending Haiti’s TPS. Judge Reyes found that Noem’s November move to terminate the protections likely violated TPS termination procedures and the Fifth Amendment’s guarantee of equal protection under the law.

Judges Florence Pan and Brad Garcia, both appointed by President Biden, distinguished the case from previous Supreme Court rulings allowing the administration to end TPS for Venezuelans, citing the dire conditions in Haiti. They argued that returning Haitians would abandon them “vulnerable to violence amid a ‘collapsing rule of law’ and lack access to life-sustaining medical care.”

Judge Justin Walker, a Trump appointee, dissented, stating the case was legally similar to the Venezuelan TPS litigation.

Administration Response

A DHS spokesperson stated the administration will appeal the decision to the U.S. Supreme Court, asserting that “Temporary means temporary, and the final word will not be from activist judges legislating from the bench.”

History of Haiti’s TPS Designation

Haitians were first granted TPS in 2010 following a devastating earthquake. The designation has been repeatedly renewed, most recently by the Biden administration in July 2024, citing Haiti’s “simultaneous economic, security, political, and health crises” driven by gang violence and a lack of a functioning government [2].

Recent Developments and Legal Challenges

The Trump administration’s attempts to end TPS for Haiti have faced ongoing legal challenges. In February 2025, a federal judge ruled against the administration’s efforts to end the program for roughly 350,000 Haitians [3]. Secretary Noem also rescinded the extension of Haiti’s TPS in February 2025 [4].