Haitians TPS Protections Stay Alive Thanks To Federal Judge
by Sharelle B. McNair
February 3, 2026
US District Court Judge Ana Reyes of the District of Columbia granted the victory just one day before the set expiration date due to a request from five Haitian TPS holders.
More than 350,000 Haitians under Temporary Protected Status will be able to continue to live and work in the US — for now — after a federal judge blocked the Trump administration from terminating protections on Feb. 3, CNN reports.
US District Court Judge Ana Reyes of the District of Columbia granted the victory just one day before the set expiration date at the request of five Haitian TPS holders, who sought to temporarily block the termination so the process could go through the court system.
The plaintiffs in question are challenging the Department of Homeland Security’s termination, under Secretary Kristi Noem’s leadership, in a lawsuit, arguing that the agency failed to conduct the necessary and proper review of whether it was safe to return to Haiti before deciding to end protections.
The litigation also labels the agency’s decision as part of President Donald Trump’s “racial, ethnic, and national-origin animus toward Haitians.” In a post on X, Noem referred to immigrants, including those of Haitian descent, as “killers, leeches, or entitlement junkies.”
In her ruling, Reyes slammed the narrative and seemingly sided with the protected Haitians, citing Trump’s numerous derogatory comments about them. “Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely,” the judge wrote.
“President Trump has referred to Haiti as a ‘shithole country,’ suggesting Haitians ‘probably have AIDS,’ and complained that Haitian immigration is ‘like a death wish for our country.’ He has also promoted the false conspiracy theory that Haitian immigrants were ‘eating the pets of the people’ in Springfield, Ohio.”
Reyes also claimed Noem “ignored Congress’s requirement that she ‘review the conditions’ in Haiti only ‘after’ consulting ‘with appropriate agencies.’” Attorneys representing the plaintiffs agreed. “If the termination stands, people will almost certainly die,” attorneys said in the December court filing, citing increased violence, disease, and food insecurity, according to Fox News.
However, at the time, DHS claimed conditions in Haiti improved.
Following the new ruling, DHS spokesperson Tricia McLaughlin posted on X that the agency will appeal to the Supreme Court, labeling the ruling “lawless activism.”
“Supreme Court, here we come. This is lawless activism, and we will be vindicated on it. Haiti’s TPS was granted following an earthquake that took place over 15 years ago; it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades,” she said.
“Temporary means temporary, and the final word will not be from an activist judge legislating from the bench.”
In the interim, advocates are praising the ruling, adding it to a list of victories after Noem sought to terminate protections in 2025, only to be blocked by a federal judge.
“It is also in all of our interests to keep families together and have people continue to work with dignity and build their lives here. We are the backbone of entire industries,” said Executive Director of Haitian Women for Haitian Refugees Aline Gue in a statement.
“We are raising U.S. citizen children, caring for the elderly, working in hospitals and schools, and organizing for the rights of all refugees, migrants, and asylum seekers.”
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