The Department of Homeland Security (DHS) on Thursday moved to end deportation protections for Haitians in the U.S., likely teeing up legal challenges.
The memo seeks to end temporary protected status (TPS) for Haitians, which allows those unable to return to their country due to unrest or a natural disaster to remain in the U.S. without fear of deportation.
The directive from Homeland Security Secretary Kristi Noem would end the status for some 520,000 Haitians in the U.S.
Much like with an earlier directive that “vacated” TPS for Venezuelans, DHS purported to take the same action with regard to Haitians, blaming the prior administration for renewing the protections in June.
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>The Department of Homeland Security (DHS) on Thursday moved to end deportation protections for Haitians in the U.S., likely teeing up legal challenges.
>The memo seeks to end temporary protected status (TPS) for Haitians, which allows those unable to return to their country due to unrest or a natural disaster to remain in the U.S. without fear of deportation.
>The directive from Homeland Security Secretary Kristi Noem would end the status for some 520,000 Haitians in the U.S.
>Much like with an earlier directive that “vacated” TPS for Venezuelans, DHS purported to take the same action with regard to Haitians, blaming the prior administration for renewing the protections in June.
>“[Former President] Biden and [former Homeland Security Secretary Alejandro] Mayorkas attempted to tie the hands of the Trump administration by extending Haiti’s Temporary Protected Status by 18 months—far longer than justified or necessary,” DHS said in a statement.
>“We are returning integrity to the TPS system, which has been abused and exploited by illegal aliens for decades. President Trump and Secretary Noem are returning TPS to its original status: temporary.”
>DHS pointed to the evolution of TPS for Haitians, which was first ignited in 2010, and about 57,000 registered for TPS the following year.
>Haitians were first designated for TPS following a devastating 7.0 magnitude earthquake.
>However, the status was renewed under the Biden administration amid civil unrest after the assassination of Haitian President Jovenel Moïse in 2021.
>DHS was sued Thursday in two different lawsuits challenging the stripping of TPS protections for Venezuelans.
>The method to strip TPS was the same for both groups, meaning Noem’s actions on Haiti would likely face similar legal challenges.
>“The Secretary’s actions are illegal for multiple reasons. At the outset, DHS has no authority to ‘vacate’ a prior TPS extension. The TPS statute tightly regulates the conditions under which TPS decisions can be made, setting time periods and other procedural rules that must be followed for both extensions and terminations,” the National TPS Alliance wrote in its suit.
>It also said Noem’s decision was based on her view that TPS is illegal, despite the creation of the status under law.
>“Neither their disdain for TPS nor the Secretary’s decision can nullify a statute,” they wrote.
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