Trump DOJ Asks Supreme Court to Lift Haiti TPS Injunction and Take Case Early
The Trump administration’s Justice Department asked the Supreme Court to lift a federal injunction preserving Temporary Protected Status for roughly 350,000 Haitians and to take the Haiti (and Syria) TPS cases immediately via an extraordinary request for certiorari before judgment, its fourth TPS stay bid after prior Venezuela requests and with one Syria application still pending. A divided D.C. Circuit refused to stay the injunction—two Democratic appointees citing well‑documented harms to Haitians and a Trump‑appointed judge dissenting on executive‑power grounds—while Judge Ana Reyes stressed that DHS Secretary Kristi Noem retains First Amendment rights but is constrained by the Administrative Procedure Act; Haitian TPS holders have been invited to respond, and the move comes amid related efforts to end TPS for other countries such as Somalia, which is set to lapse for about 1,080 people and has prompted litigation alleging racial and national‑origin animus.
📌 Key Facts
- The Trump DOJ, through Solicitor General Sauer, asked the Supreme Court to lift the injunction protecting Haiti TPS and sought certiorari before judgment in both the Haiti and Syria TPS cases — an extraordinary procedural step — marking the administration’s fourth TPS stay request; prior Venezuela applications twice resulted in stays, the Syria request remains pending, and Haitian TPS holders were invited to file responses.
- A divided D.C. Circuit panel refused to stay Judge Ana Reyes’ injunction: two Democratic‑appointed judges cited well‑documented harms to Haitians, while Trump appointee Justin Walker dissented on executive‑power grounds and the ‘temporary’ nature of TPS.
- Judge Ana Reyes’ injunction states that Secretary Kristi Noem has a First Amendment right to use inflammatory rhetoric about immigrants but is constitutionally constrained by the Administrative Procedure Act when making TPS decisions.
- Somalia’s TPS, first designated in 1991 and repeatedly extended, was set to end March 17 under a Trump administration decision made official in January by outgoing DHS Secretary Kristi Noem.
- A court filing says roughly 1,080 Somali TPS recipients would be forced to leave or face immigration enforcement when their protections lapse; after Noem’s ouster, a DHS spokesperson reaffirmed the plan, saying conditions in Somalia no longer justify TPS and framing the move as putting 'Americans first.'
- A federal lawsuit filed in Massachusetts by African Communities Together and the Partnership for the Advancement of New Americans alleges the Somalia TPS termination was motivated by racial and national‑origin animus, citing Trump quotes calling Somalis 'garbage' and 'low IQ people.'
📊 Relevant Data
The primary cause of Somali immigration to the United States was the civil war in Somalia that began in 1991, leading to the designation of Temporary Protected Status (TPS) for Somalis in 1991 under the Immigration Act of 1990, which has been extended multiple times to allow refugees to stay due to ongoing unsafe conditions.
Homeland Security Terminates Somalia's Temporary Protected Status Designation — USCIS
Minnesota's Somali population has grown to approximately 107,000 as of 2024, representing about 2% of the state's total population, with the majority residing in the Twin Cities area due to job opportunities and established community networks.
By the numbers: Minnesota's Somali population, according to census data — KTTC
In Minnesota, 38% of adult Somali immigrants live below the poverty line, compared to 7% of adult natives, with Somalis having a 70% labor force participation rate but lower income levels as recent immigrants.
The Economic and Cultural Impacts of Somali Immigration to Minnesota — Center for Immigration Studies
Somali Minnesotans generate at least $500 million in annual income and contribute about $67 million in state and local taxes, with a higher labor participation rate than the general population.
Somali Minnesotans drive economic growth, pay $67M taxes annually — KSTP
Irish immigration to the United States in the 1800s was primarily driven by the Great Famine of 1845-1852, caused by potato blight, which led to the emigration of over 1.5 million Irish people seeking refuge from starvation and economic hardship, without specific US policies promoting it at the time.
The Potato Famine and Irish Immigration to America — Teach Democracy
In Minnesota, wide racial and ethnic disparities exist in economic well-being, with Black households having a median net worth of $0 compared to $211,000 for White households as of 2026, though specific Somali breakdowns are limited.
2026 Status of Women & Girls in Minnesota Executive Summary — Women's Foundation of Minnesota
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- Details that Somalia’s TPS designation, first granted in 1991 and repeatedly extended, is now set to end March 17 under a Trump administration decision made official in January by outgoing DHS Secretary Kristi Noem.
- Roughly 1,080 Somali TPS recipients would be forced to leave or submit to immigration enforcement when their protection lapses, according to a new court filing.
- A federal lawsuit filed in Massachusetts by African Communities Together and the Partnership for the Advancement of New Americans alleges the termination is motivated by racial and national‑origin animus, citing Trump quotes calling Somalis 'garbage' and 'low IQ people' and saying he did not want them in the country.
- A DHS spokesperson, asked after Noem’s ouster, reaffirmed the plan to end TPS for Somalia and framed the move as putting 'Americans first,' saying conditions in Somalia no longer justify TPS.
- 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.