In a significant legal development, Federal Judge Ana C. Reyes has expressed substantial skepticism toward the Trump Administration’s decision to terminate Temporary Protected Status (TPS) for Haitian nationals. During the second day of hearings on January 7, 2026, Judge Reyes ordered the government to produce additional documentation to determine whether the administration’s controversial move was “predetermined” rather than based on thorough policy analysis.
The court proceedings revealed sharp judicial criticism of the administration’s selective use of a United Nations report to justify ending protections while simultaneously ignoring the same document’s detailed security concerns regarding Haiti’s stability. “You can’t rely on one article for one thing and not for another,” Judge Reyes emphatically stated during the hearing.
Judge Reyes directly questioned whether Homeland Security Secretary Kristi Noem had conducted a comprehensive analysis of conditions in Haiti and fulfilled her statutory obligation to assess whether circumstances had sufficiently improved to warrant termination of protected status. The administration’s argument rested heavily on a brief email from a State Department official claiming “no foreign policy concerns” about ending TPS—a response sent merely 53 minutes after the initial request on a Friday afternoon.
The judge noted this unusually rapid response indicated insufficient consultation with subject matter experts or proper review procedures. During an extensive 30-minute exchange, government attorney Dhruman Sampat contended that the term “foreign policy” could reasonably encompass ground conditions in Haiti, but Judge Reyes remained unconvinced, stating the response failed to demonstrate whether Haitian TPS holders could safely return to their home country.
While no final ruling has been issued, Judge Reyes indicated she would deliver her decision on suspending the TPS termination by February 2, 2026—just one day before protections for Haitian nationals are scheduled to expire. Legal observers suggest that if Judge Reyes suspends the revocation, the government will likely appeal, potentially setting the stage for Supreme Court consideration of this immigration policy matter.
Background: Judge Ana C. Reyes, nominated by President Biden and confirmed by the Senate in February 2023, made history as the first Latin American woman and first openly LGBTQ+ person to serve as a district judge in Washington, D.C. She brought over two decades of experience from Williams & Connolly LLP, with extensive expertise in international law and representation of asylum seekers.