Judge delays Trump admin timeline for ending TPS for Haitians, but they still face deportation

A federal judge ruled July 1 that the Trump administration can't end Temporary Protected Status for Haitians six months earlier than previously announced. 

U.S. District Court Judge Brian Cogan in New York ruled that Homeland Security Secretary Kristi Noem cannot move up the date of Haiti's TPS expiration before Feb. 3, 2026, a date set by the Biden administration.

"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," wrote Cogan, an appointee of former President George W. Bush.

Cogan's ruling comes days after the Trump administration announced it would end TPS for Haitians on Sept. 2. About 500,000 Haitians, some of whom have been in the United States for at least a decade, face deportation without the TPS protection.

The protective status is for people from certain countries experiencing war, environmental disasters and epidemics. In Haiti's case, that happened after a 2010 earthquake. The designation has been renewed multiple times, including during the Biden administration for security reasons.  Many Haitians with TPS live in Florida, New York and Massachusetts.

People with Temporary Protected Status are protected from deportation and are allowed to legally live and work in the U.S. for six- to 18-month periods. Temporary Protected Status beneficiaries must be in the U.S. at the time of their home country's designation.

A Homeland Security statement said the change would ensure that Temporary Protected Status is temporary. The statement also said it is safe for Haitian citizens to return to their country.

However, Brian Concannon, executive director of the Institute for Justice & Democracy in Haiti, based in Massachusetts, said he "can't come up with a single metric by which Haiti has improved over the past year." He cited the large number of displaced people, increasing violence and a deteriorating economic situation. 

Ending TPS for Haitians aligns with Trump's campaign promise. On the campaign trail, Trump spread the falsehood that Haitians in Springfield, Ohio, were stealing and eating people's pets. 

Homeland Security encouraged Haitians with TPS to arrange their own departure, but also said eligible Haitians may pursue lawful status through other methods. Immigration lawyers have told Haitians they might be eligible for other relief, such as asylum.

Noem issued a February notice vacating a Biden administration order that redesignated Haiti's protection for 18 months, which had allowed beneficiaries to remain in the U.S. through Feb. 3, 2026. Noem's notice meant protections expire Aug. 3.

Homeland Security spokesperson Tricia McLaughlin said Cogan's ruling "delays justice and seeks to kneecap" Trump's constitutional powers.

"Haiti's TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto asylum program, yet that's how previous administrations have used it for decades," McLaughlin said.

Haiti is experiencing crime and civil unrest

When asked for evidence that conditions have improved in Haiti, White House and Homeland Security spokespersons focused on how Haiti recovered from the 2010 earthquake, which led to the initial TPS designation. The responses did not address crime and gangs.

"Temporary Protected Status is, by definition, temporary, and is committed to the discretion of the DHS Secretary," Abigail Jackson, a White House spokesperson, told PolitiFact. "The 2010 earthquake no longer poses a risk to Haitians."

A Homeland Security spokesperson said Noem consulted interagency partners and concluded that Haiti can accommodate returning nationals with rebuilt infrastructure. 

Kate Ramsey, University of Miami emeritus professor of Caribbean studies, said the administration's statement that "Haitians can return home in safety" is "completely false." Ramsey pointed to a June 30 Miami Herald article quoting United Nations chief António Guterres describing current conditions in Haiti, where he said armed gangs are spreading violence.  

Homeland Security's announcement about Haiti's safety conflicts with other Trump administration actions. 

The State Department's travel advisory for Haiti, updated most recently in September 2024, cautions Americans not to travel to the country "due to kidnapping, crime, civil unrest, and limited health care." U.S. government workers in Haiti are subject to curfew and restrictions, including not using public transportation. 

The Trump administration in June banned travel to the United States for nationals of certain foreign countries. That list of countries included Haiti.

Trump said the list was decided based on considerations including "the large-scale presence of terrorists, failure to cooperate on visa security, inability to verify travelers' identities, inadequate record keeping of criminal histories, and persistently high rates of illegal visa overstays." 

A June 24 security alert by the U.S. Embassy in Haiti warned U.S. citizens not to travel to Haiti and to leave as soon as possible.

Nathalye Cotrino, senior researcher in the Americas division for international research and advocacy research Human Rights Watch, told PolitiFact that conditions in Haiti have worsened since her organization released a 2024 report on Haiti. 

Violence in Haiti, primarily driven by gangs, has displaced 1.3 million people, a 24% increase since December 2024, according to the International Organization for Migration, an organization within the U.N. In the first six months of 2025, an estimated 2,700 people in Haiti were killed and over 316 were kidnapped, according to information verified by the U.N. Human Rights Office. 

Cotrino also said that in recent months Haiti has seen the emergence of militant self-defense groups, which have carried out operations with police and led violent protests in the country. These groups often clash with gangs, leading to more violence. 

Haiti also is at high risk of extreme weather, ranking third on the 2021 Climate Index for countries facing the most severe weather events from 2000 to 2019. Unpredictable climate combined with ongoing violence has contributed to 5.7 million people facing "acute hunger," according to the World Food Programme, nearly half of Haiti's population of 11.9 million. 

Cotrino said the U.N., among other international humanitarian groups, have attempted to bring aid and support to the suffering population, but the teams often lack the staff and resources to meet the growing need. 

"They are going to be returned to a country that is falling apart," Cotrino said, referring to Haitians who face deportation. "They could die due to violence, or they could die due to hunger." 

Trump failed to end TPS for Haitians during his first term

During his first term, the Trump administration tried to end TPS for Haitians but was blocked by courts and the case was not resolved by the time Trump left office in January 2021. 

In May 2021, the Biden administration redesignated Haiti's Temporary Protected Status, citing security concerns, civil rights unrest and "crippling poverty." 

We will check the status of this promise as Feb. 3 approaches or as a result of future litigation.

For now, we rate it In the Works.

RELATED: 'They're eating the pets:' Trump, Vance earn PolitiFact's Lie of the Year for claims about Haitians

RELATED: MAGA-Meter: Trump's second-term promises