A divided U.S. appeals court has ruled that the Trump administration cannot end legal protections for more than 350,000 Haitians living and working in the United States, citing the potential dangers they would face if returned to their home country. The decision, issued by a 2-1 panel of the U.S. Court of Appeals for the District of Columbia Circuit, rejected the administration’s attempt to pause a February 2 ruling that blocked the U.S. Department of Homeland Security (DHS) from ending Haiti’s Temporary Protected Status (TPS).

Legal Battle Over TPS for Haitians

The court’s decision comes as part of an ongoing legal battle over TPS, a humanitarian program that shields eligible migrants from deportation and allows them to work legally in the U.S. The administration, under outgoing Homeland Security Secretary Kristi Noem, had sought to end TPS for a dozen countries as part of President Donald Trump’s immigration crackdown, arguing the program was never intended to serve as a “de facto amnesty.”

The administration had asked the D.C. Circuit to stay a February 2 order issued by U.S. District Judge Ana Reyes, who ruled that Noem’s November move to end the Haitians’ legal protections likely violated TPS termination procedures and the U.S. Constitution’s Fifth Amendment guarantee of equal protection under the law.

In its appeal, the administration pointed to two previous rulings by the U.S. Supreme Court that allowed it to end TPS for Venezuelans. However, the court’s majority, composed of U.S. Circuit Judges Florence Pan and Brad Garcia—both appointed by Democratic President Joe Biden—distinguished the cases and emphasized the risks Haitians would face if sent back to their home country.

Risks of Returning Haitians to Their Country

Judge Pan and Judge Garcia wrote that Haitians sent home would “be vulnerable to violence amid a ‘collapsing rule of law’ and lack access to life-sustaining medical care.” Their decision highlighted the deteriorating conditions in Haiti, where gang violence and political instability have reached critical levels.

U.S. Circuit Judge Justin Walker, a Trump appointee, dissented, arguing that the case and the earlier Supreme Court litigation involving Venezuelans were “the legal equivalent of fraternal, if not identical, twins.” He contended that the legal reasoning should be the same in both cases.

DHS did not respond to a request for comment on the ruling. However, the decision effectively preserves the TPS status of Haitians, allowing them to continue living and working in the U.S. without the threat of deportation.

History of TPS for Haiti

Haitians were first granted TPS in 2010 following a devastating earthquake that killed over 200,000 people. The U.S. has repeatedly renewed the designation, most recently under the Biden administration in July 2024. At that time, DHS cited Haiti’s “simultaneous economic, security, political, and health crises,” driven by gangs and the absence of a functioning government.

The current protections are set to expire in 2026 unless renewed by the administration. The ruling by the appeals court may influence the Biden administration’s decision on whether to extend the TPS designation for Haitians.

The decision has significant implications for the 350,000 Haitians who rely on TPS to live and work in the U.S. without the fear of deportation. It also sets a precedent for future cases involving TPS terminations for other countries.

Legal analysts suggest that the ruling could shape the broader debate over immigration policy and the use of TPS as a tool for humanitarian relief. The Biden administration is expected to face pressure from both supporters and critics of the program as it considers its next steps.

The case highlights the tension between national immigration enforcement and humanitarian concerns, as well as the role of the judiciary in interpreting the legal framework governing TPS.

The appeals court’s decision highlights the complexity of immigration law and the challenges faced by migrants seeking to remain in the U.S. under humanitarian protections. With the TPS designation for Haiti set to expire in 2026, the ruling may provide temporary relief for thousands of Haitians who depend on the program for stability and security in their lives.