Federal Government Appeals Judge’s Decision That Blocked Termination of Haitian TPS

The Trump administration is appealing against a federal judge’s ruling earlier this week that said the Department of Homeland Security’s (DHS) order to terminate Temporary Protection Status (TPS) for Haitian nationals in the United States violated federal law.

The Feb. 5 appeal, filed in the Court of Appeals for the District of Columbia Circuit, comes only days after the judge’s ruling on Feb. 2, which prevented the TPS expiration date of Feb. 3 for Haitian immigrants, ultimately affecting the government’s ability to deport them.

In addition to the appeal, Justice Department lawyers also filed a motion asking the judge to lift her stay of the DHS order, requesting a decision from U.S. District Judge Ana Reyes by Monday.

Reyes criticized the Trump administration for its actions regarding the case in recently filed court documents.

“The government took three business days from the court’s decision to file the motion. They now ask the court to rule within one business day and three hours and do so without identifying any basis for this rushed timetable,” the judge wrote on Friday.

Reyes ordered the plaintiffs to respond to the motion by Feb. 11 at noon.

Reyes also said the Trump administration failed to show proof that the court is intruding on government operations.

“This failure is particularly problematic in light of the government’s representations that it was ‘remote conjecture,’ ‘speculation,’ and ‘theoretical’ that it would detain or initiate removal proceedings against Haitian nationals if the termination went into effect,” Reyes wrote.

The judge ordered the government to submit a sworn declaration from a senior DHS employee outlining if any steps for detainment and removal have been taken by the agency in anticipation of the Feb. 3 termination.

If there has been no action or steps taken by DHS, that must be stated as well.

Reyes gave the government a deadline of Feb. 10 at 10 a.m. to submit the declaration. The next hearing is scheduled for Feb. 12.

There is estimated to be more than 300,000 Haitian immigrants in the United States on TPS, according to the National Immigration Forum.

Reyes wrote in her Feb. 2 ruling that Trump has made “several derogatory statements about Haitians and other nonwhite foreigners.”

The judge said this led her to believe there was discriminatory intent behind the order to end TPS for Haitians.

“Supreme Court, here we come. This is lawless activism that we will be vindicated on,” Assistant Secretary of Homeland Security Tricia McLaughlin wrote on social media after the judge’s ruling earlier this week.

“Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades.”

The case was started by several Haitian immigrants in July 2025 who sought to retain their TPS, arguing Homeland Secretary Kristi Noem’s decision to end the status was not made with consideration to the present conditions of Haiti.

“Haiti is a nation in chaos. In the past several years, violent gangs have taken over Haiti, establishing a ‘mafia-like model that is so entrenched the country can barely function without their consent,’” the Haitian plaintiffs argued.

They also claimed revoking TPS would violate the U.S. Constitution’s Fifth Amendment, which states a person’s liberty cannot be deprived by the government without due process.

The Justice Department had argued the administration was justified in revoking TPS for Haitians on the basis of national interest.

DHS wanted to terminate TPS for Haitians in September 2025 but had to reissue the notice of termination to Feb. 3 after a federal judge’s order in a separate case.

The Feb. 3 expiration date was originally set by the Biden administration in July 2024.

Neither the White House nor DHS immediately responded to requests for comment.