A last-minute ruling by a federal judge has halted the Department of Homeland Security’s attempt to end Temporary Protected Status (TPS) for approximately 350,000 Haitian nationals. The decision, delivered Monday evening, prevents the designation from expiring as scheduled the following day, offering a critical reprieve to those sheltered under the program.
Judge Ana Reyes issued a scathing opinion, directly challenging the actions of DHS Chief Kristi Noem. She asserted that Noem “does not have the law on her side,” a forceful statement underscoring the judge’s disagreement with the department’s legal justification for terminating TPS.
The case took a particularly sharp turn when Judge Reyes addressed a controversial post made by Secretary Noem on a social media platform. The post, dated December 1, 2025, contained deeply inflammatory language, referring to Haitian migrants and others as “killers, leeches, and entitlement junkies.”
Judge Reyes directly confronted this rhetoric, highlighting the stark contrast between the Secretary’s characterization and the reality of the individuals impacted by the TPS decision. She specifically named five Haitian TPS holders – a neuroscientist researching Alzheimer’s, a software engineer, a laboratory assistant, a college economics major, and a registered nurse – demonstrating their valuable contributions to American society.
In an 83-page opinion, the judge powerfully articulated her reasoning. She invoked a legal adage: “If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table.” She then accused Secretary Noem of doing the latter, resorting to social media attacks instead of legal or factual arguments.
Following the ruling, a DHS spokesperson, Tricia McLaughlin, indicated the administration’s intention to bypass the appellate court and appeal directly to the Supreme Court. She characterized the judge’s decision as “lawless activism” and expressed confidence that the department would ultimately prevail.
McLaughlin further argued that the original TPS designation, granted after the devastating earthquake over fifteen years ago, was never intended as a permanent solution. She maintained that “temporary means temporary” and that the final authority rests not with a judge, but with the executive branch.
The future of TPS for Haitian nationals now hinges on the Supreme Court’s willingness to take up the case, setting the stage for a potentially landmark decision with far-reaching consequences for immigration policy and the lives of hundreds of thousands of people.
