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US Supreme Court will hear case on end of legal protections for 350,000 Haitians

16 March 2026 at 21:51
The U.S. Supreme Court on Oct. 29, 2024. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court on Oct. 29, 2024. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court Monday said it will hear oral arguments in April in two cases brought by immigrants hailing from Syria and Haiti after the Trump administration tried to end their temporary protections, initially granted because their countries had been deemed too dangerous for return. 

Monday’s order consolidates two cases, one brought on behalf of 6,000 Syrians with Temporary Protected Status and another from 350,000 Haitians. 

The justices also declined to grant the Trump administration’s request to stay a lower court order that prevented the end of TPS for those two countries, meaning that protections from deportation will remain for now for those immigrants. 

The justices will hear arguments for the cases in the last week of April, with final briefs due by April 20. A specific date has not yet been set.

Congress created TPS to allow immigrants from countries dealing with war, natural disasters, political violence or other instabilities to remain and work in the United States on a temporary basis, ranging from six months to 18 months. 

The TPS holders who sued the Trump administration have argued that their countries’ conditions were not considered when the Department of Homeland Security determined their protections should end. 

The Trump administration has sought to cancel legal protections for immigrants, so far revoking TPS status for 13 of the 17 countries that were designated at the start of President Donald Trump’s second term. 

Those 13 countries are Afghanistan, Cameroon, Ethiopia, Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Syria, Venezuela and Yemen.  

The four remaining countries with TPS expiring this year without an extension are El Salvador, Lebanon, Sudan and Ukraine.

Temporary legal status allowed for now for 350,000 Haitians as judge blasts Kristi Noem

3 February 2026 at 02:45
Pedestrians walk through the streets of the Little Haiti neighborhood on June 06, 2025 in Miami, Florida. (Photo by Joe Raedle/Getty Images)

Pedestrians walk through the streets of the Little Haiti neighborhood on June 06, 2025 in Miami, Florida. (Photo by Joe Raedle/Getty Images)

WASHINGTON — A federal judge late Monday blocked the termination of temporary protections for roughly 350,000 Haitians from taking effect, a move that prevents the Trump administration from acting to deport them as litigation continues. 

In a searing 83-page order, District of Columbia federal Judge Ana C. Reyes found that Homeland Security Secretary Kristi Noem does not have “unbounded discretion” to terminate Temporary Protected Status for Haiti and rejected the Trump administration’s arguments that ending the status is  in the public interest. 

“Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight,” Reyes wrote. “She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. This approach is many things—in the public interest is not one of them.”

The decision came the day before hundreds of thousands of Haitians were at risk of losing their work permits and deportation protections, opening them up to removal. 

The Trump administration has moved to strip the legal status of immigrants, as many as 1.5 million, by ending the TPS designation and revoking humanitarian protections initially granted under the Biden administration. So far, Noem has ended TPS for 12 countries.  

Other judges found Noem overreached

Reyes said the Trump administration would face no harm by allowing TPS recipients from Haiti to keep their legal status while they challenge Noem’s move to end their status. 

Last year, Noem initially tried to remove extended protections for TPS holders from Haiti granted under the Biden administration, which meant protections would end by August. But several judges found that move from Noem an overreach of her authority. 

TPS is usually granted for 18 months to nationals who hail from a country deemed too dangerous to return to due to violence and instability. 

In her order, Reyes cited contradictions by the Trump administration in its attempts to end TPS for Haiti. She pointed to Noem’s argument that conditions in Haiti have improved, but at the same time the State Department has a “do not travel” advisory for Haiti because of violence. 

There has been escalating gang violence in Haiti since the assassination of the country’s president in 2021. 

“There is an old adage among lawyers. If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table,” Reyes wrote. “Secretary Noem, the record to-date shows, does not have the facts on her side—or at least has ignored them. Does not have the law on her side—or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter).”

Reyes was nominated by former President Joe Biden.

‘Hostility to nonwhite immigrants’

Reyes added that one of the arguments from the plaintiffs – Haitian TPS recipients – that Noem “preordained her termination decision and did so because of hostility to nonwhite immigrants,” is likely substantial.   

Reyes also pointed to the 2024 presidential campaign, where President Donald Trump and Vice President JD Vance spread false rumors claiming Haitians in Springfield, Ohio, ate residents’ pets. 

In her order, she said Trump referred to those Haitians with TPS as being in the country without legal authorization, despite their legal status, and recalled how the president vowed to revoke “Haiti’s TPS designation and send ‘them back to their country.’”

There are five Haitian TPS recipients who are plaintiffs in the case. They argued that Noem violated the Administrative Procedure Act, the process of how agencies issue regulations, by ending TPS for Haiti. 

Those recipients include Fritz Emmanuel Lesly Miot, who is a neuroscientist researching Alzheimer’s disease who has had TPS since 2011; Rudolph Civil, a software engineer at a national bank who was granted TPS in 2010; Marlene Gail Noble, a laboratory assistant in a toxicology department who’s been a TPS recipient since 2024; Marica Merline Laguerre, an economics major at Hunter College and a TPS holder since 2010; and Vilbrun Dorsainvil, a full-time registered nurse and TPS holder since 2021.

A reprieve

This is not the first time the Trump administration has tried to end the TPS designation for Haiti, but the courts blocked those attempts in 2018.

Monday’s decision came as a brief relief for immigrants and advocates in Springfield, Ohio. 

“This 11th hour reprieve is, of course, welcome,” Ohio Immigrant Alliance Executive Director Lynn Tramonte said in a statement. “But people can’t live their lives like this, pegging their families’ futures to a court case. The least this country can do is honor their strength and contributions by giving them a permanent home.” 

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