A federal appeals court late on Friday upheld a lower court’s ruling that the Trump administration had unlawfully terminated Temporary Protected Status for Haiti, giving a reprieve to the hundreds of thousands of Haitians living in the United States.
The 2-to-1 ruling allows the over 350,000 Haitians in the United States covered by T.P.S. to remain shielded from deportation, continue to work legally and maintain their protected status while a lawsuit challenging the termination proceeds in federal court. The latest ruling came from the U.S. Court of Appeals for the D.C. Circuit.
The long-term fate of Haitians with the status is still unclear because the Trump administration is likely to file an emergency appeal with the Supreme Court seeking to rescind the protection while the case is being litigated.
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In the ongoing lawsuit over the protection for Haitians, the government asked an appellate court to stay a Feb. 2 ruling by District Judge Ana C. Reyes that had blocked the program’s termination. Judge Reyes determined that the Trump administration had violated statutory requirements for revoking the status, notably by failing to review on-the-ground conditions in Haiti.
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The legal battle stems from a directive issued by the Department of Homeland Security in late November to end Haiti’s T.P.S. effective Feb. 3. The agency’s secretary at the time, Kristi Noem, said that Haiti no longer faced “extraordinary” conditions and that keeping the designation in place was “contrary to the national interest.”
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