2026-02-03
DEVELOPMENT 1
ANALYTICAL BODY
US District Judge Ana C Reyes issued an 87 page temporary injunction February 2 blocking the
Trump administration from terminating Temporary Protected Status for more than 350000
Haitians. The ruling prevents deportations that were scheduled to begin February 3 2026 and
preserves work authorization for affected individuals while the case undergoes full litigation.
Judge Reyes found that Department of Homeland Security Secretary Kristi Noem violated due
process requirements and the Fifth Amendment equal protection clause when deciding to
terminate TPS.
The court determined that Secretary Noem preordained her termination decision based on
hostility to nonwhite immigrants rather than conducting the required assessment of whether
conditions in Haiti permit safe return. Judge Reyes cited Secretary of State Marco Rubio publicly
acknowledging Haiti faces immediate security challenges while simultaneously the administration
moved forward with deportation plans. The judge rejected the administration national interest
argument as fundamentally flawed noting it focused on Haitians outside the US or residing
February 03, 2026
illegally while overlooking that current TPS holders are legally present with valid status.
Judge Reyes directly addressed President Trump derogatory statements about Haiti writing that
no one rationally could defend such statements. The court found substantial likelihood that racial
animus influenced the termination decision. The November 28 2025 Federal Register notice from
Secretary Noem claimed termination was required because TPS continuation was contrary to
national interest even if extraordinary and temporary conditions existed in Haiti. This reasoning
contradicted the statutory framework requiring assessment of country conditions rather than
immigration policy preferences.
The immediate effect preserves legal status work authorization and remittance capacity for
350000 TPS holders. Immigration and Customs Enforcement operations planned for Springfield
Ohio Charleroi Pennsylvania San Diego and New York City are on hold. Haiti Libre reported the
Trump administration will appeal to the Supreme Court following this ruling and an earlier July
2025 Brooklyn federal court decision that also blocked attempted TPS termination. The 4.1 billion
dollars in annual remittances representing 18.43 percent of Haiti projected 2026 Gross National
Disposable Income remains protected in the short term.