At stake first of all were the lives of about 353,000 Haitians living legally in the United States since the catastrophic Haitian earthquake of 2010, whom the termination of that status would render undocumented overnight. The impact on their lives would also affect their families, friends, and employers. Also at stake, though, is Trump administration officials’ rejection of both facts and the rule of law on which the United States was founded in order to advance their white nationalist ideology.
As Judge Reyes explains, Congress established Temporary Protective Status in 1990 to change previously haphazard executive decisions about whether to receive immigrants from disaster-stricken countries that left recipients unclear about their immigration status. In its place, Congress created “a system of temporary status that was predictable, dependable, and insulated from electoral politics.” It established criteria and a process for designating a country under TPS, accepting applications for immigration under TPS, and reviewing that designation periodically to determine if that designation should be extended. The system leaves to the Secretary of Homeland Security the power to evaluate those extensions.
And yet, the judge explains, Secretary Noem ignored the process and the criteria, instead relying on ideology. On December 1, 2025, Noem posted: “I just met with the President. I am recommending a full travel ban on every damn country that’s been flooding our nation with killers, leeches, and entitlement junkies. Our forefathers built this nation on blood, sweat, and the unyielding love of freedom—not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS. WE DON’T WANT THEM. NOT ONE.”
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