A federal judge in Brooklyn just slammed the brakes on the Trump administration’s bid to yank Temporary Protected Status (TPS) from over 520,000 Haitian immigrants. The ruling keeps these migrants legally in the U.S., defying a key campaign promise to tighten borders. It’s a courtroom curveball that’s got conservatives grumbling and progressives cheering.
Fox News reported that Judge Brian Cogan’s decision on Tuesday ensures Haitians under TPS can stay and work in the U.S. past the program’s planned expiration.
The Trump administration aimed to end TPS designations, citing improved conditions in Haiti, but Cogan ruled the move didn’t follow congressional rules.
In one sentence: Cogan blocked the termination of TPS for Haitians, arguing DHS Secretary Kristi Noem overstepped her authority, keeping over half a million migrants in legal limbo.
TPS, created by Congress in 1990, shields migrants from countries hit by war, disasters, or extreme instability. Haiti’s designation, set to lapse on August 3 with termination effective September 2, was extended in 18-month increments until now. The program’s a lifeline, but conservatives argue it’s been stretched beyond its original intent.
Cogan’s ruling zeroed in on Noem’s failure to stick to Congress’s timeline for reviewing TPS. “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” he declared. That’s a polite way of saying the DHS got caught with its legal pants down.
Noem leaned on a USCIS report claiming Haiti’s environment had stabilized enough for citizens to return.
Cogan wasn’t buying it, stating, “Plaintiffs are likely to (and, indeed, do) succeed on the merits.” Sounds like a judicial mic drop, but it leaves taxpayers footing the bill for extended protections.
The Trump team’s push to end TPS was pure red-meat politics for the MAGA base. Rolling back Biden-era immigration policies, like the 2021 TPS grant to Venezuelans, was part of the plan. But Cogan’s pen just reminded everyone that campaign promises don’t trump legal procedure.
DHS didn’t just sit on its hands—it offered Haitians a curious exit strategy. A spokesperson said, “We encourage these individuals to take advantage of the Department’s resources in returning to Haiti, which can be arranged through the CBP Home app.”
A free plane ticket and $1,000 to leave sounds generous until you realize it’s a one-way trip to a country still reeling from chaos.
The same spokesperson claimed, “The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home.” Tell that to the Haitian migrants photographed wading across the Rio Grande in September 2021, risking everything for a shot at safety. Cogan’s ruling suggests the “improved” Haiti narrative might be more spin than substance.
DHS sources pushed the CBP Home app as a way for Haitians to “pursue lawful status” elsewhere. But let’s be real: an app can’t fix a broken immigration system or erase the fear of deportation. The government still holds the power to enforce immigration laws, but this ruling ties its hands for now.
The Trump administration’s TPS rollback wasn’t just about Haiti. Biden’s TPS for 300,000 Venezuelans, set to run from April 2025 to October 2026, was also in the crosshairs until Trump reversed it. This tug-of-war over TPS shows how immigration policy ping-pongs between administrations, leaving migrants as pawns.
Back in August 2022, a Haitian migrant on humanitarian parole was snapped boarding a bus in Reynosa, Mexico. That image, like the 2021 Rio Grande crossings, paints a stark picture of desperation. While progressives celebrate Cogan’s ruling, conservatives see it as another judicial overreach blocking border security.
Fox News Digital reached out to DHS for comment, but got crickets. That silence speaks volumes—either they’re scrambling for a response or hoping this blows over. Meanwhile, Haitian communities in the U.S. breathe a sigh of relief, but for how long?
Cogan’s decision doesn’t end the TPS debate; it just kicks the can down the road. The government can still terminate TPS if it follows Congress’s rules, but that’s a big “if” in today’s polarized climate. Conservatives argue TPS has morphed into a backdoor amnesty, while empathy for migrants’ plights fuels the other side.
For now, over 520,000 Haitians can keep their jobs and homes in the U.S. But with the administration’s border security rhetoric in high gear, expect appeals and new strategies to surface. This ruling’s a speed bump, not a roadblock, for Trump’s immigration agenda.
