Judge Ana Reyes of the federal district court in Washington issued an indefinite injunction on 2/2, halting the plan to terminate Temporary Protected Status (TPS) for immigrants from Haiti.

Judge Reyes' order specifies that the federal government may not revoke the legal residency status or work permits of Haitians currently benefiting from TPS, nor may it arrest or deport them.

The injunction from Judge Reyes is considered a last-minute reprieve for approximately 350,000 Haitian immigrants who received deportation protection by registering for TPS under previous administrations. Secretary of Homeland Security Kristi Noem had initially planned to revoke this privilege for Haitian immigrants starting 3/2.

The prayer service on 1/2 by the Haitian community at Springfield Church, Ohio. *AP*

In the accompanying opinion with the court order, Judge Reyes stated that Secretary Noem's decision was arbitrary and capricious, violating the Administrative Procedure Act (APA). The judge noted that Noem failed to thoroughly consider the imminent threat to immigrants if they were deported to Haiti, an island nation still engulfed in gang violence and political instability.

The judge also suggested that Noem's decision was "partially racially motivated," citing derogatory statements that Noem and President Donald Trump had previously directed at Haiti and immigrants from certain countries.

"According to the First Amendment on freedom of speech, Ms. Noem has the right to call immigrants murderers, freeloaders, welfare addicts, or any other words she wishes to use," Judge Reyes wrote. "However, Secretary Noem remains bound by the Constitution and the APA, which require her to present full legal evidence for actions related to the TPS program. All facts to date indicate she has not met this requirement."

US Secretary of Homeland Security Kristi Noem testifies before the House Homeland Security Committee in Washington on 11/12/2025. *AFP*

Tricia McLaughlin, spokesperson for the US Department of Homeland Security, stated that the administration might ask the US Supreme Court to intervene. She called Judge Reyes' order "politically motivated" and expressed confidence that the government would be vindicated by the Supreme Court.

McLaughlin argued that the TPS mechanism was opened for immigrants from Haiti after the earthquake 15 years ago, and was not intended to be an "amnesty" program to permanently prevent their deportation.

TPS was established by the US Congress in 1990. Since then, both Democratic and Republican administrations have used this policy to provide temporary legal protection for foreign nationals from countries experiencing armed conflict, environmental disaster, or other emergency situations that make repatriation unsafe.

The Donald Trump administration is pushing to dismantle most TPS programs, raising the risk of deportation for hundreds of thousands of immigrants from Afghanistan, Cameroon, Ethiopia, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Syria, and Venezuela. President Trump claims that this program attracts illegal immigration, is being abused, and has been extended for too long.

Thanh Danh (via CBS)