Trump DOJ Asks Supreme Court to Lift Haiti TPS Injunction and Take Case Early
The Trump DOJ asked the Supreme Court to lift a D.C. Circuit injunction that has preserved Temporary Protected Status for about 350,000 Haitians and to take the case immediately, with Solicitor General Sauer seeking certiorari before judgment in both the Haiti and a related Syria TPS case. The filing — the administration’s fourth TPS stay request — comes after a divided D.C. Circuit refused to stay the injunction and cites Judge Ana Reyes’ ruling that officials retain First Amendment speech rights but are constrained by the Administrative Procedure Act in TPS decisions; Haitian TPS holders have been invited to file responses.
📌 Key Facts
- Solicitor General Sauer has asked the Supreme Court to lift a lower-court injunction protecting Haitian TPS holders and to take the case early (certiorari before judgment); the filing seeks the same extraordinary step in the Syria TPS case.
- Sauer’s filing frames this as the administration’s fourth TPS stay request and notes that prior Venezuela applications twice resulted in stays, while the Syria application remains pending.
- The request for certiorari before judgment is described as an extraordinary procedural step, and Haitian TPS holders have been invited to file their own responses.
- A divided D.C. Circuit panel refused to stay Judge Ana Reyes’ injunction: two Democratic-appointed judges stressed well-documented harms to Haitians, while Trump appointee Justin Walker dissented, citing executive-power concerns and the ‘temporary’ nature of TPS.
- Judge Ana Reyes’ injunction quotes passages finding that Secretary Noem has a First Amendment right to use inflammatory rhetoric about immigrants but is constitutionally constrained when making TPS decisions under the Administrative Procedure Act.
📊 Relevant Data
Approximately 330,000 Haitians had been approved for Temporary Protected Status (TPS) in the United States as of March 2025.
GOP governor: Trump's push to end TPS for Haitians 'is wrong' — The Hill
The Haitian Refugee Immigration Fairness Act (HRIFA) of 1998 enabled certain Haitian nationals who had filed asylum claims or were paroled into the US before December 31, 1995, to adjust to lawful permanent resident status, facilitating long-term Haitian immigration.
Haitian Refugee Immigrant Fairness Act — Immigration History
The surge in immigration to the US from 2020 to 2025, including from countries like Haiti, increased demand for housing, leading to higher rental costs, property values, and assessed values in affected areas.
Effects of the Surge in Immigration on State and Local Governments’ Budgets — Congressional Budget Office
In a 2024 national survey, 34% of the general US public somewhat or strongly supported allowing more people from Haiti to migrate to the US, while 29% somewhat or strongly opposed it.
First national survey about Haitians finds Americans supportive of immigration from Haiti — The Haitian Times
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- Details Sauer’s Supreme Court filing language that this is the administration’s fourth TPS stay request and that prior Venezuela applications twice resulted in stays, with a Syria application still pending.
- Quotes specific passages from Judge Ana Reyes’ injunction, including her finding that Secretary Noem has a First Amendment right to use inflammatory rhetoric about immigrants but is constitutionally constrained when making TPS decisions under the APA.
- Notes that a divided D.C. Circuit panel refused to stay Reyes’ order, with two Democratic appointees citing well‑documented harms to Haitians and Trump appointee Justin Walker dissenting based on executive‑power concerns and the ‘temporary’ nature of TPS.
- Reports that Solicitor General Sauer is asking the Supreme Court for certiorari before judgment in both the Haiti and Syria TPS cases, an extraordinary procedural step, and that Haitian TPS holders have been invited to file their own responses.