Federal appeals court keeps TPS for Haitians in place | Breaking News

A federal appeals court ruled Friday that more than 350,000 Haitians living in the United States under Temporary Protected Status (TPS) can remain in the country and continue working legally, at least for now,  according to a New York Times report.

The decision handed down late Friday by the U.S. Court of Appeals for the D.C. Circuit upholds a lower court ruling that blocked the Trump administration’s attempt to end the program for Haitians. The ruling means Haitian TPS holders will keep their protection from deportation while a lawsuit challenging the termination moves forward in federal court.

The appeals court ruled 2-1 against the administration’s request to pause the earlier order issued by U.S. District Judge Ana C. Reyes that blocked the government’s attempt to terminate Haiti’s TPS designation, the newspaper reported. In her February ruling, Reyes said the Department of Homeland Security had not properly reviewed conditions in Haiti before moving to end the protection and likely violated federal law in the process. 

Reyes also noted that Haiti continues to face severe security and humanitarian challenges, including gang violence and political instability, conditions that could put returning migrants at risk. Her ruling allowed Haitian TPS holders to remain in the country while the lawsuit continues.

TPS allows people from countries facing war, natural disasters or other major crises to live and work legally in the United States. The program does not provide a path to permanent residency, but it allows people from countries facing extraordinary crises to remain in the United States temporarily and work legally. The Department of Homeland Security reviews each designation periodically to decide whether to extend or end it.

TPS was first granted to Haiti after the devastating 2010 earthquake. Haiti has held the designation for years because of ongoing instability, natural disasters and worsening security conditions.

The legal fight began after the Department of Homeland Security (DHS) announced in November that it planned to end Haiti’s TPS designation, arguing that the country no longer faced “extraordinary” conditions.

The federal appeals court agreed that the government had not shown it would suffer “irreparable harm” if Haitian TPS holders were allowed to stay in the country while the case continues. The judges also said the plaintiffs in the lawsuit were likely to succeed in their arguments.

Attorneys representing Haitian TPS holders welcomed the ruling, saying it allows families to remain safe and continue contributing to their communities.

The long-term future of the program is still uncertain. The Trump administration is expected to ask the U.S. Supreme Court to step in and allow the termination to move forward while the case is being decided.

The post Federal appeals court keeps TPS for Haitians in place | Breaking News appeared first on The Haitian Times.