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Federal judge blocks Trump administration plan to remove protected status for Haitians in US
A federal judge in Washington DC on Monday blocked the
Trump administration from stripping Temporary Protected Status from up to 350,000 Haitians, which allows them to legally live and work in the United States during the turmoil in their homeland.
Judge Ana Reyes issued
a temporary stay that prevents the homeland security secretary, Kristi Noem, from implementing her decision to remove the status, known as TPS, on Tuesday.
Reyes began her decision by putting the status into historical context. “On December 2, 1783, then-Commander-in-Chief George Washington penned: ‘America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions,’” the judge wrote. “More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program.”
Reyes notes that Noem, in announcing her decision on X (formerly known as Twitter), referred to those seeking refuge in the US as “killers, leeches, or entitlement junkies.”
She then notes that the plaintiffs who asked her to block the order, five Haitian TPS holders, “are not, it emerges, ‘killers, leeches, or entitlement junkies.’”
“They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease…; Rudolph Civil, a software engineer at a national bank…; Marlene Gail Noble, a laboratory assistant in a toxicology department…; Marica Merline Laguerre, a college economics major…; and Vilbrun Dorsainvil, a full-time registered nurse”, the judge added. “They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA)… and the Fifth Amendment of the U.S. Constitution.”
At the end of her decision, Reys wrote:
Kristi Noem has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants. Secretary Noem, however, is constrained by both our Constitution and the APA to apply faithfully the facts to the law in implementing the TPS program. The record to-date shows she has yet to do that.
There has been
widespread speculation that, if TPS is removed from Haitians, the Trump administration could move to quickly deport Haitians from Springfield, Ohio, the immigrant community Donald Trump
falsely accused, in a 2024 debate, of eating the dogs and cats of longtime residents.