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A decision by Kristi Noem that the courts have described as arbitrary and capricious

On November 28, 2025, Secretary of Homeland Security Kristi Noem announced the end of TPS status for Haiti, with an expiration date set for February 3, 2026. In a notice published in the Federal Register, Noem asserted that there were no longer “extraordinary and temporary conditions” in Haiti preventing the return of its nationals—a claim that stunned legal experts, NGOs, and even Republican lawmakers. Meanwhile, the U.S. State Department maintained a Level 4 travel warning—“Do Not Travel”—for Haiti and Syria, the two countries whose TPS status was targeted.

On February 2, 2026, on the eve of the expiration, U.S. District Judge Ana C. Reyes of the District of Columbia blocked the administration’s decision in an 83-page opinion. She concluded that Noem’s decision was “arbitrary and capricious, that it violated the Administrative Procedure Act, and—remarkably—that the evidence showed Noem’s decision had been motivated by hostility toward non-white immigrants. The Trump administration immediately appealed.

Emergency Appeal to the Supreme Court: An Exceptional Procedure

On March 11, 2026, U.S. Attorney General John Sauer filed an emergency petition with the Supreme Court to suspend the district court’s injunction. On March 16, the Supreme Court took a rare step: it agreed to hear the case even before the federal appeals court had issued its ruling, a procedure known as certiorari before judgment. Oral arguments took place in April 2026, and a decision is expected by the end of June or early July 2026. The future of 330,000 people hangs on a few votes by judges appointed for life.

Internal documents from the Department of Homeland Security (DHS), recently made public, revealed that “career staff” had advised against terminating Haitian TPS, and that a “political appointee” had overruled their recommendations. These revelations led attorneys for TPS holders to file a motion on June 16, 2026, asking the Supreme Court to dismiss the case for lack of a factual basis—on the grounds that the discovery of this evidence undermines the administration’s arguments.


There is something deeply troubling about the institutional dynamics at play here. A political official who disregards the recommendations of his own experts—experts who believe that Haiti is not in a position to accommodate the forced return of hundreds of thousands of people—and no one within the executive branch sounds the alarm? This is the kind of dysfunction that Trump criticizes in others, and that he himself has institutionalized.

This content was created with the help of AI.

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