Federal judge blocks Trump’s immigration policy for Haitians in another outrageous power move

The Trump administration’s attempt to hasten the expiration of Biden-era deportation protections for Haitian nationals allegedly fleeing persecution has been blocked by a federal judge.

During former President Joe Biden’s presidency, his administration granted temporary protected status (TPS) to 500,000 Haitian nationals and set an expiration date of Feb. 3, 2026, citing the gang violence and political unrest in Haiti.

Then last Friday, current Homeland Security Secretary Kristi Noem announced a rollback of the expiration date to Sept. 2 of this year, citing improved conditions in the island nation.

The decision sparked outrage from Democrats:

‘Pocahontas’ singing a different tune on Haiti https://t.co/DEcjYzJ2hY

— BPR (@BIZPACReview) June 30, 2025

“The environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” a Department of Homeland Security (DHS) spokesperson said in a statement defending the decision.

“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. Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible,” the statement continued.

Four days later, U.S. District Judge Brian Cogan struck down Noem’s decision and restored the original Feb. 3, 2026, expiration date on the grounds that her termination of the program was unlawful.

“Cogan, an appointee of President George W. Bush, held that Noem’s termination was unlawful because the government ignored provisions in the TPS statute that seek to provide early notice to recipients, including barring termination until a previous extension expires,” according to Politico.

The judge further noted that many Haitians who’ve benefited from TPS have already accepted jobs or enrolled in school with the assumption that they’re safe to do so until early 2026.

“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,” the judge wrote.

Cogan’s ruling was celebrated by Manny Pastreich, the president of the Service Employees International Union Local 32BJ, which was responsible for filing a suit challenging Noem’s decision.

“We will keep fighting to make sure this decision is upheld,” he said in a statement to the Associated Press. “We will keep fighting for the rights of our members and all immigrants against the Trump Administration – in the streets, in the workplace, and in the courts as well. And when we fight, we win.”

The union is heavily involved in immigration matters:

“I’m just as much an American as the next person who lives here”

Sandra from @32BJSEIU makes it clear why she’s on the Justice Journey for #SolidaritySummer pic.twitter.com/HR5mOZbYsr

— Fight for a Union (@FightForAUnion) June 30, 2025

Prior to Cogan’s decision, one Haitian-American businessman living in Ohio described the Trump administration’s revocation of TPS as a “death sentence” in a statement to The Columbus Dispatch.

“It’s still unstable,” businessman Jean Manuel said of the conditions in present-day Haiti. “Every neighborhood has a gang, every neighborhood is controlled by a gang member. They’re vicious: burning buildings, killing kids, cleaning out neighborhoods, that’s the kind of life they’re going to, they’re going to a death sentence.”

Manuel did appear to have a point. As an example of why, consider that even the Trump State Department warns against travelling (let alone relocating to) Haiti “due to kidnapping, crime, civil unrest, and limited health care.”

In addition, just last week, the State Department issued a notice to U.S. citizens to “depart Haiti as soon as possible” or “be prepared to shelter in place for an extended time period.”

“Armed gangs control the streets and ports of the capital city, and public order there has all but collapsed,” Deputy Secretary of State Christopher Landau said last week. “While Haiti descends into chaos, the unfolding humanitarian, security, and governance crisis reverberates across the region.”

The Miami Herald has also confirmed the horrifying conditions on the ground in Haiti.

“With at least one in 10 Haitians in the Caribbean country displaced by deadly gang violence, anyone deported risks returning to a place where they have no home to go to because their neighborhoods have been overtaken by armed criminal groups, who are now in control of up to 90% of Port-au-Prince, and spreading to neighboring areas,” the Herald notes.

“They extract tolls for use of the capital’s main highways and roads, and the violence has displaced around 1.3 million people, according to estimates by the United Nations’ International Organization of Migration,” the reporting continues.