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From Fox News: A federal judge shot down the Trump administration’s efforts to end temporary protection status (TPS) for over 520,000 Haitian immigrants currently living in the U.S.
The TPS designations for Haitians were expected to expire on Aug. 3 with termination to become effective on Sept. 2.
U.S. District Judge Brian Cogan in Brooklyn rejected those plans on Tuesday, saying Department of Homeland Security (DHS) Secretary Kristi Noem did not follow a timeline and instructions mandated by Congress to reconsider TPS designations for Haitians.
Cogan’s decision is the latest legal development in the administration’s efforts to roll back TPS designations and other immigration programs.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” Cogan wrote in his decision. He called her actions “unlawful.”
“Secretary Noem cannot reconsider Haiti’s TPS designation in a way that takes effect before February 3, 2026,” the judge added.
“Plaintiffs are likely to (and, indeed, do) succeed on the merits,” Cogan added.
He further emphasized that Haitians’ desire to live and work in the U.S. “overweighs” any potential harm to the U.S. government.
“When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period,” Cogan wrote.
The report notes that the government has the authority to enforce immigration laws and terminate Temporary Protected Status (TPS) status, as established by Congress.
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