Haitian-American lawmaker welcomes decision on TPS for Haitians

A Haitian-American lawmaker has welcomed a U.S. federal judge’s ruling blocking President Donald Trump’s attempt to end Temporary Protected Status (TPS) for over 520,000 Haitian immigrants living in the United States.

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Judge Brian M. Cogan of the U.S. District Court in Brooklyn ruled on Tuesday that the Trump administration’s effort to suddenly rescind TPS for Haitians—many of whom have lived in the U.S. for more than a decade—was unlawful. His decision upholds the Biden administration’s extension of TPS for Haitians until at least February 3, 2026.

New York State Assemblywoman Rodneyse Bichotte Hermelyn, the first Haitian-American elected to the New York State Legislature from New York City, praised the ruling.

“I commend the federal court’s decision to block the Trump administration from prematurely and cruelly ending Temporary Protected Status for Haitian nationals,” she told the Caribbean Media Corporation (CMC). “I applaud SEIU 32BJ, who led the lawsuit, and all legal advocates for standing up for justice, including our State Attorney General Letitia James.”

32BJ of the Service Employees International Union (SEIU), the largest property service workers’ union in the United States, filed the lawsuit against the Trump administration, calling its attempt to undo the Biden-era designation a “blatant” effort to expose hundreds of thousands of long-term residents to deportation.

Assemblywoman Bichotte Hermelyn said the decision “upholds our constitutional values; recognizing the horrific realities in Haiti, while defending the legal rights of Haitians who built new lives here, and have called the U.S. home for over a decade.”

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“This pivotal ruling affirms the fundamental legal principle that our government cannot arbitrarily upend the lives of immigrants, who have built their families, careers and communities in this country under the protection of law,” she added.

Bichotte Hermelyn emphasized the deep contributions Haitian TPS recipients have made to the U.S., particularly in New York City, noting their presence in essential sectors such as health care, education, small business, and frontline services.

She criticized the Department of Homeland Security’s (DHS) efforts to end TPS protections months before their lawful expiration, calling it “not only cruel, but also a blatant and targeted violation of TPS designations.”

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“This fight is not over,” she warned. “We must remain vigilant against Republicans’ ongoing efforts to dismantle humanitarian protections through xenophobic mass deportation.”

DHS Secretary Kristi Noem had recently announced the termination of TPS for Haitians, leaving more than 500,000 individuals without work permits and subject to deportation. Under the plan, the temporary parole programme would expire on August 3, with termination taking effect on Tuesday, September 2.

However, Judge Cogan ruled that Secretary Noem “does not have statutory or inherent authority to partially vacate a country’s TPS designation,” calling the attempt unlawful under the Administrative Procedure Act.

“The plaintiffs’ injuries are actual and imminent,” he said, “and they cannot be remedied by an award of money damages.”

“If the partial vacatur remains in effect until the final resolution of this case,” Cogan continued, “plaintiffs will lose their right to live and work in the United States based on what the court has already found was an unlawful action.”

 

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