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President Donald Trump on Wednesday notched a major immigration victory after a federal judge acknowledged that the court order blocking the administration from ending temporary protected status (TPS) for hundreds of thousands of Haitians is no longer in effect after the Supreme Court’s ruling in Mullin v. Doe.
The ruling marks the culmination of a yearslong legal battle over the Biden administration’s expansion of Haiti’s TPS designation and delivers a significant immigration victory for Trump, who repeatedly campaigned on ending the Biden administration’s expanded TPS protections for Haitians.
The issue became a centerpiece of the 2024 election after Trump and running mate JD Vance blamed the Biden administration’s Haiti TPS policies for the influx of Haitian migrants into Springfield, Ohio, where residents raised concerns about traffic safety, strained public services and cultural clashes.
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A federal judge acknowledged that the court order blocking the Trump administration from ending temporary protected status for hundreds of thousands of Haitians is no longer in effect. (Joseph Prezioso/AFP via Getty Images, File)
The controversy later exploded onto the national stage after Trump referenced residents’ claims that migrants were taking ducks and geese from parks and eating household pets.
The White House did not respond to Digital’s request for comment by publication time.
U.S. District Judge Ana Reyes wrote Wednesday that her earlier order staying the Department of Homeland Security’s (DHS) termination of Haiti’s TPS designation “is no longer in effect” after the Supreme Court’s decision and the D.C. Circuit’s subsequent mandate.
While the underlying lawsuit will continue, the administration is no longer barred by the injunction from moving forward with ending TPS protections for an estimated 330,000 to 350,000 Haitians living in the U.S.
The remaining litigation centers on whether the administration acted with unconstitutional racial animus in terminating the designation.
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The Supreme Court ruling in Mullin v. Doe ended TPS for Haitian migrants. (Kevin Carter/Getty Images, File)
The Supreme Court ruled in June that the TPS statute bars judicial review of the administration’s non-constitutional decisions to terminate TPS designations and found the plaintiffs’ equal protection challenge was unlikely to succeed. The court reversed the lower courts and remanded the case for further proceedings.
DHS General Counsel James Percival pushed back on reports suggesting Wednesday’s order itself ended Haiti’s TPS designation, arguing the protections effectively expired when the Supreme Court’s mandate was issued July 27 and that Reyes’ order merely acknowledged that legal reality.
“Haiti TPS ended when the Supreme Court mandate issued on July 27,” Percival wrote on X. “I will give Judge Reyes kudos though for taking the L with grace and not doing something bonkers like many of her colleagues.”
Haiti first received TPS after the country’s devastating 2010 earthquake, but the designation remained in place for 16 years through multiple administrations. The Biden administration later expanded and extended protections for hundreds of thousands of Haitians already living in the U.S.
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Temporary protected status for Haitian immigrants was lifted late last month. (Lynne Sladky/AP Photo, File)
After reviewing conditions in Haiti, former DHS Secretary Kristi Noem determined the country no longer met the statutory requirements for TPS and announced the administration’s decision to terminate the designation, arguing the humanitarian program had been extended well beyond its intended temporary purpose. The move triggered the legal challenge that ultimately reached the Supreme Court.
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After the SCOTUS decision, the DHS announced Haiti’s TPS designation would be terminated, effective July 27, and that employment authorization documents issued under the designation were no longer valid. The department instructed employers to reverify the work authorization of affected employees.
The State Department maintains a Level 4 “Do Not Travel” advisory for Haiti because of widespread gang violence, kidnappings and civil unrest.
Digital’s Danielle Wallace and Michael Lee contributed to this report.
