By Vanguard Staff
LOS ANGELES — Newly released documents filed in federal court allege that the Department of Homeland Security falsely claimed it complied with legal requirements when it moved to terminate Temporary Protected Status for more than 350,000 Haitians living legally in the United States, as the U.S. Supreme Court prepares to rule on the future of the program.
The revelations come as the high court considers Miot v. Noem, a case expected to determine whether the Trump administration can proceed with ending TPS protections for Haitians. A decision is anticipated before the end of June.
According to attorneys representing plaintiffs in related litigation, documents released through discovery in NTPSA v. Noem show DHS publicly stated — in both a press release and notices published in the Federal Register — that it had conducted legally required consultations regarding conditions in Haiti, including consultations with the U.S. State Department.
The newly disclosed records indicate that no such consultation occurred.
The plaintiffs in Miot v. Noem filed a motion Thursday asking the Supreme Court to dismiss the government’s petition, relying in part on the newly obtained evidence.
Attorneys involved in the litigation contend that former DHS Secretary Kristi Noem rushed to terminate Haiti’s TPS designation based on what officials characterized as the U.S. “national interest,” rather than conducting the country-condition analysis required under federal law.
“It should matter that former DHS Secretary Noem lied,” said Emi MacLean, an attorney with the ACLU of Northern California representing plaintiffs in NTPSA v. Noem. “The Trump administration violated the law, and then asked the Supreme Court to endorse their illegal actions. The Supreme Court should not be complicit. Checks and balances exist for a reason, and the government’s actions here demonstrate exactly why the government must not be granted unfettered discretion.”
Until now, little information had emerged publicly regarding the decision-making process behind the effort to terminate Haiti’s TPS designation because the Supreme Court agreed to hear the case before lower courts reached final decisions and established an expedited schedule.
A Haitian TPS holder identified in court filings only as A.A. said the government’s actions have deepened uncertainty for people who have built their lives in the United States.
“It makes me sad that the U.S. government is misrepresenting the truth about conditions in Haiti to be able to deport people like me,” A.A. said. “I have been here since I was a kid, and there is no safety or future for me in Haiti right now. My country is in a deeper crisis than ever.”
At issue before the Supreme Court is Noem’s effort to terminate Haiti’s TPS designation shortly after taking office. In February 2025, Noem shortened existing TPS protections and sought to end the designation in July. After litigation blocked that effort, she moved again to terminate the program in November.
Multiple lawsuits followed, and courts have thus far prevented the termination from taking effect.
The documents released through the parallel litigation provide additional details about the process leading to the attempted termination. According to the plaintiffs, career experts recommended an automatic extension of Haiti’s TPS designation, but a political appointee reversed that recommendation late in the process and pushed forward with termination despite deteriorating conditions in Haiti.
Federal law requires the Department of Homeland Security to evaluate conditions in the designated country and consult with the State Department before making TPS determinations. The plaintiffs contend that DHS failed to do so for the July termination effort while publicly asserting that it had complied with those requirements.
“It would be obviously unconscionable to strip 350,000 Haitian migrants of their lawful immigration status based on a lie,” said Jessica Bansal, an attorney with the National Day Laborer Organizing Network representing plaintiffs in NTPSA v. Noem. “What remains to be seen is, who will prevent it. The government says courts have no authority to stop even an illegal TPS termination. If the Supreme Court were to accept that radical position, it will be up to Congress, and the people, to prevent this tragedy.”
Congress established Temporary Protected Status through the Immigration Act of 1990. The program grants protection from deportation and work authorization to individuals from countries experiencing armed conflict, environmental disasters or other extraordinary conditions that make return unsafe.
According to the plaintiffs, more than one million people currently rely on TPS protections because of crises affecting their home countries.
The current allegations also echo findings from legal disputes during Trump’s first administration. Courts reviewing earlier TPS decisions identified irregularities in the decision-making process, and a PBS report found that Trump administration appointees had altered State Department findings related to TPS determinations.
“Haitian TPS holders followed all the rules. Like all TPS holders, they are mothers and fathers, friends and neighbors. Many have lived here lawfully for more than 15 years,” said Jose Palma, coordinator of the National TPS Alliance and lead plaintiff in NTPSA v. Noem. “Their contributions to our economy and culture enrich us all. They deserve better than this.”
The plaintiffs in NTPSA v. Noem are represented by the National Day Laborer Organizing Network, the ACLU Foundations of Northern California and Southern California, Haitian Bridge Alliance and the Miñana Family Center for Immigration Law and Policy at the UCLA School of Law. Ahilan Arulanantham, faculty co-director of the Miñana Center, argued before the Supreme Court in Mullin v. Doe, which was consolidated with Miot v. Noem, and also serves as co-counsel in the ongoing litigation.
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