A federal judge on Monday indefinitely postponed the termination of protected immigration status for hundreds of thousands of Haitians in the United States.
The order from U.S. District Judge Ana C. Reyes of the District of Columbia pauses Homeland Security Secretary Kristi Noem’s termination of Temporary Protected Status for Haitians, “pending judicial review.”
“During the stay, the Termination shall be null, void, and of no legal effect,” Reyes wrote. “The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay.”
Reyes also denied the government’s motion to dismiss the case against the termination of TPS without prejudice.
Homeland Security assistant secretary for public affairs Tricia McLaughlin said the Trump administration will appeal to the highest court.
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Trump tried to end TPS for Haitians last summer, but legal challenges forced the administration to set this year’s Feb. 3 deadline.
In her order Monday, Reyes said the government did not provide a reason TPS for Haitians should end “post haste.” While the TPS statute does grant Noem some discretion, Reyes said, it does not grant her “unbounded discretion to make whatever determination she wants, any way she wants.”
“Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight,” Reyes wrote. “She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them.”
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