The federal judge blocks the attempt of Trump’s administrator to end the TPS for 520,000 Haitians

A federal judge has shot down the Trump administration’s efforts to end the temporary protection status (TPS) for more than 520,000 Haitian immigrants currently living in the United States

TPS designations for Haitians were to expire on August 3 with an end to enter into force on September 2.

US District Judge Brian Cogan in Brooklyn rejected these plans on Tuesday, saying that the secretary of the Ministry of Internal Security (DHS), Kristi Noem, had not followed a calendar and the instructions mandated by the Congress to reconsider TPS designations for Haitians.

In his decision, Cogan wrote: “Secretary Noem does not have the statutory or inherent authority to partially leave the designation of the TPS of a country.” This, he added, has made its actions “illegal”.

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A Haitian migrant approved for acclaiming humanitarian parole while embarking on a bus taking migrants to the United States to the Senda refuge in Vida on August 30, 2022, in Reynosa, Mexico. (Michael Nigro / Getty Images)

“Applicants are likely to succeed (and, in fact, to succeed) on the merits,” added Cogan.

He continued by saying the interests of Haitians to live and work in the United States “by far” the potential damage to the United States government.

That said, the government is still able to freely apply immigration laws and end the status of TPS, as established by the congress.

Fox News Digital contacted the DHS to comment on the question, but did not hear say at the time of publication.

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A DHS spokesperson said on Friday – before Cogan rules on the issue – that the decision to put an end to the TPS guarantees that the status is in fact only temporary but also restores the integrity of the American immigration system.

“The environmental situation in Haiti has improved enough for him to be sure for Haitian citizens to return home,” said the spokesperson. “We encourage these people to take advantage of the department’s resources to return to Haiti, which can be organized through the Home CBP application. Haitian nationals can pursue legal status through other requests for immigration services, if they are eligible.”

Noem initially made the decision to revoke the status of TPS of Haitians after having examined an American report on the citizenship and immigration services (USCIS) showing that the island nation no longer satisfied the legal requirements which grant foreign residents the ability to obtain TP.

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Haitian migrants cross the American-Mexican border on the Rio Grande, as on September 20, 2021. (Paul Ratje / AFP via Getty Images)

Sources at DHS told Fox News that they encourage Haitians living in the United States with TPS to use the CBP house request to guarantee a safe departure house by offering a free plane ticket and a $ 1 $ 1 exit bonus.

The Congress created the TPS within the framework of the 1990 Immigration Act, with the intention of allowing residents of countries that have faced war, disasters or other dangerous and extraordinary conditions, to find refuge in the United States, the program has the capacity to be extended by an increase of 18 months.

The Trump administration was put pressure to reduce TPS designations to keep a campaign promise to strengthen the border and expel many illegal immigrants who crossed the border under the administration of former president Joe Biden.

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Biden gave the status of TPS of the Venezuelans in 2021, then renewed this designation before the end of his mandate in January 2025.

The last designation will take place from April 3, 2025 to October 2, 2026. It is estimated that protection would have applied to around 300,000 Venezuelan nationals, before the Trump administration returned the decision.

Preston Mizell and Reuters of Fox News Digital contributed to this report.