TPS for Haiti: Termination Paused

The Trump Administration's termination of Temporary Protected Status (TPS) for Haiti had been stayed pending judicial review. The case is Lesly Miot v. Trump, Case No. 1:25-cv-02471 (D.D.C. filed July 30, 2025).

Here's a taste of Judge Ana C. Reyes' decision:

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. 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).

She concludes:

Kristi Noem has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants. Secretary Noem, however, is constrained by both our Constitution and the APA to apply faithfully the facts to the law in implementing the TPS program. The record to-date shows she has yet to do that.

Haiti TPS beneficiaries will keep their TPS protections and benefits (i.e., employment authorization and protection from removal and detention) while the stay remains in place.

DHS has already publicly stated that it will seek emergency review before the U.S. Supreme Court in accord with what the Administration did with TPS for Venezuela.