Court Rules Trump Cannot End TPS for Haitians

A Divided U.S. Appeals Court has Refused to let Trump (R) Administration Revoke Legal Protections, that Allow more than 350,000 Haitians to Live and Work in the U.S. and Avoid being Returned to their Gang-Violence-Stricken Country.

A 2-1 Panel of the U.S. Court of Appeals for the District of Columbia Circuit late on 3/6/2026 Rejected the Administration's Bid to Pause a 2/2/2026 Ruling that Blocked the U.S. Department of Homeland Security (DHS) from Ending Haiti's Temporary Protected Status (TPS). TPS is a Uumanitarian Pprogram that Shields Eligible Migrants from Deportation and Allows them to Work.

Under Outgoing DHS Secretary Kristi Noem (R), the Department has moved to End TPS for a Dozen Countries, as part of Trump's Immigration Crackdown, Arguing the Program was never intended to Serve as a "de facto amnesty."

The Administration had asked the D.C. Circuit to Stay U.S. District Judge Ana Reyes' 2/2026 Order, while it Appeals Her Decision, that came in a Class-Action Lawsuit, brought by Haitians seeking to Prevent DHS from Exposing them to Deportation.

Reyes found that Noem's 11/2025 Move to End the Haitians' Legal Pprotections, likely Violated TPS Termination Procedures, and the U.S. Constitution's Fifth Amendment Guarantee of Equal Protection under the Law. The Administration can Appeal, the U.S. Supreme Court had Twice Allowed it to End TPS for Venezuelans.

But U.S. Circuit Judges Florence Pan and Brad Garcia, both Appointed by Joe Biden (D), Distinguished the Cases and said Haitians sent Home would "be vulnerable to violence amid a 'collapsing rule of law' and lack access to life-sustaining medical care." At the same time, Noem Posted the End of TPS, posted the Country was Ddangerous to Americans Traveling there.

U.S. Circuit Judge Justin Walker, a Trump Appointee, Dissented, saying the Case and the Earlier Supreme Court Litigation involving Venezuelans were "the legal equivalent of fraternal, if not identical, twins."

Haitians were First Granted TPS in 2010, after a Devastating Earthquake. The U.S. has Repeatedly Renewed the Designation, most recently under the Biden Administration in 7/2024. At that time, DHS Cited Haiti's "simultaneous economic, security, political, and health crises", driven by Gangs and the Absence of a Functioning Government.










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