March 31, 2026
A federal appeals court on Friday denied a request from the Trump administration seeking to end Temporary Protected Status (TPS) protections for more than 350,000 Haitians, while upholding the lower court’s decision.
Although the ruling by the D.C. Circuit Court of Appeals, issued by a 2–1 vote, provides temporary relief to beneficiaries, the legal situation has now become more complex.
The Trump administration had requested an emergency stay of a decision by Judge Ana C. Reyes, who had deemed the attempt to terminate TPS “unlawful.”
The appeals court found that the government had not demonstrated it would suffer “irreparable harm” if the protections were maintained, in contrast to Haitians who would face “devastating consequences” if returned to a country plagued by gang violence and the collapse of the rule of law.
However, Solicitor General D. John Sauer has petitioned the Supreme Court in a separate case involving Syrians, asking it to rule on the authority of federal courts in TPS matters.
Such a decision could potentially undermine the legal basis of the Haitians’ case and allow for their removal while the Syrian case is under review.
For now, attorneys representing the Haitian plaintiffs are welcoming the decision. “The government was unable to explain how maintaining the status quo would cause it irreparable harm,” said Ira Kurzban, an immigration attorney in Miami.
