In a significant legal development, U.S. District Judge Brian Cogan blocked the Department of Homeland Security's (DHS) attempt to prematurely terminate Temporary Protected Status (TPS) for over 500,000 Haitian nationals residing in the United States. The ruling, issued on July 2, 2025, rejects DHS Secretary Kristi Noem's plan to end the TPS designation months ahead of the timeframe established by Congress, which would have allowed protections to continue until August 3, 2026.
Judge Cogan, appointed by former President George W. Bush and confirmed to the federal bench in 2006, is recognized for his meticulous legal interpretations. In his decision, he stressed that TPS designations are governed by statute and cannot be altered by executive action alone. Cogan's ruling stated that "Secretary Noem lacks the statutory or inherent power to partially vacate TPS designations," rendering her actions unlawful and outside her jurisdiction.
TPS is a humanitarian program designed to protect individuals from deportation when conditions in their home countries, such as war, political upheaval, or natural disasters, pose a danger to their safe return. Haiti has been designated under TPS since 2011 due to a series of devastating hurricanes and continued political unrest.
DHS contended that Haiti's situation has sufficiently improved to justify an early cessation of TPS protections. The agency also promoted voluntary return programs, offering incentives like a $1,000 payment through the Customs and Border Protection Home app for those who chose to return to Haiti voluntarily.
Despite these assertions, Judge Cogan concluded that the advantages afforded to Haitian nationals legally in the U.S. under TPS "far outweigh" the government's interests in terminating the protections ahead of the congressional deadline. This decision arrives amid escalating political tensions over immigration enforcement policies.
Earlier in the week, President Trump, Secretary Noem, and Florida Governor Ron DeSantis toured a new immigration detention center, informally dubbed "Alligator Alcatraz," which is part of the administration's initiative to enhance border security measures.
The legal challenge that resulted in Judge Cogan's ruling was prompted by an attempt to expedite the expiration date of TPS for Haitians, which Congress had extended through February 3, 2026, for individuals present in the U.S. as of June 3, 2024.
Judge Cogan's ruling serves to reinforce the principle that the executive cannot override statutory mandates and underscores the judiciary's role in curbing executive overreach, particularly on contentious matters like immigration policy. The case also highlights the ongoing debate between providing humanitarian relief for vulnerable populations and enforcing strict immigration control.
For now, Haitian nationals covered by TPS can remain in the U.S., living and working without the threat of deportation, at least until the date set by Congress.
