FLASH : TPS revocation blocked by the courts, Trump will appeal to the Supreme Court

In a significant legal development on February 2nd, 2026, Federal Judge Ana C. Reyes issued a temporary stay halting the Trump administration’s attempt to terminate Temporary Protected Status (TPS) for over 350,000 Haitian nationals residing in the United States. The ruling represents a major setback for immigration officials seeking to end humanitarian protections granted following Haiti’s devastating 2010 earthquake.

The judicial intervention stems from a class-action lawsuit filed by Haitian immigrants who contended that forced repatriation would expose them to extreme danger. Haiti currently faces a severe humanitarian crisis characterized by widespread gang violence, kidnappings, and limited government control over vast territories, conditions that prompted the United Nations to declare a state of emergency.

In her comprehensive 87-page opinion, Judge Reyes—appointed by former President Joe Biden—determined that Homeland Security Secretary Kristi Noem violated constitutional due process guarantees and equal protection principles under the Fifth Amendment. The ruling notably suggested that Secretary Noem’s decision appeared “substantially likely” motivated by “hostility to nonwhite immigrants,” indicating potential racial bias in the termination process.

Legal representatives from Bryan Cave Leighton Paisner, the firm advocating for the plaintiffs, hailed the decision as recognizing “the grave risks Haitian TPS holders would face if forced to return” while allowing them to “continue their lives, contributing to their communities, and supporting their families” as originally intended by congressional legislation.

The Department of Homeland Security immediately signaled its intention to escalate the matter to the nation’s highest judicial authority. Tricia McLaughlin, DHS spokesperson, declared: “Supreme Court, here we come,” characterizing the ruling as “illegal activism for which we will be vindicated.” This stance aligns with previous administration actions regarding Venezuelan TPS beneficiaries, where the Supreme Court permitted status termination during appellate review.

The temporary reprieve offers uncertain protection for Haitian immigrants, as precedent suggests the Supreme Court may ultimately allow the administration to proceed with TPS termination while legal challenges continue through the judicial system.