A Federal Judge of New York ruled as “illegal” the decision of the Secretary of the United States National Security Department, Kristi Noem, to cancel the extension of the temporal protection status (TPS), which is a barrier to the White House, which ended the migration protection last week.
Noem modified last February the 18-month extension for the TPS that favors more than half a million Haitians granted by the administration of Joe Biden (2021-2025), which culminated on February 3, 2026.
The secretary reduced the benefit for twelve months and imposed as expiration date on August 3, 2025, which allowed him to announce the end of protection last Friday.
But this Tuesday Judge Brian Cogan said in his ruling that Noem “has no legal authority” to “partially cancel” the designation of a country’s TPS.
The judge indicated that tens of thousands of Haitians have come to depend on the TPS, which gives them work permission and protects them from deportation, so withdrawing the benefit before that date (February 2026) “represents significant damage” that the court has the power to correct.
The Cogan ruling, appointed by former president George W. Bush (2001-2009) for the New York district, hope for thousands of Haitian immigrants protected by migratory protection returned, who last Friday received a hard blow when Noem announced their end.
The Executive had given the beneficiaries a term until September 2 to apply to another migratory benefit or self -portion.
The decision in the lawsuit filed by nine affected Haitians would favor other immigrants from that country protected by the TPS, said the judge cogans citing his power to stop the actions of the agencies under the Law of Administrative Procedure.
The interpretation comes after the Supreme Court was pronounced last week against universal judicial mandates that protect others affected beyond the original plaintiffs.
In the case of Haiti, about 521,000 citizens of that country were protected by the protection, after the Biden government expanded in July 2024 the benefit until 2026.
The TPS is an amparo that is granted to the citizens of a certain country that have migrated to the United States by a natural disaster or an armed conflict, and allows them to live and work in the country to date that the US government considers that they can return safely.
Haiti has been designated for TPS several times due to various crises, including the devastating earthquake of 2010 and current instability.
Fear of losing everything
Recently, when the suspension of the temporary protection status (TPS) for Haiti, announced by the Trump administration, several of the Haitian affected who live and work in the US, expressed their fear of losing everything achieved in years of work and sacrifice.
“Today, millions of lives, dreams and sacrifices of those who simply seek a better life are destroyed by the racism that has been rooted, instead of humanity,” said one of the beneficiaries of the program, under condition of anonymity in a statement of the Coalition of Immigrants of Florida (FLIC), the state with the greatest concentration of immigrants in that community.
«This decision means that I will not only lose the legal protection that TPS gives me, but also my livelihood and the sense of belonging that my mother and I work both to build in this country. Although he is no longer with us, everything we fight for will be taken away, ”he added.
Another affected by the suspension of the humanitarian program, who also did not want to reveal his identity, warned that the order of the US government would destabilize more than half a million lives that have an important impact on American society.
«These are the hands that cure them, feed them, educate their children and serve their communities. Revocating Haitian TPS is not a policy, it is a human and economic sabotage. You can’t call essential people when it benefits them and then discard them when not, ”he said.
