July 6, 2025
On Tuesday, July 1, 2025, District Court Judge Brian M. Cogan in New York ruled that it was unlawful to expeditiously rescind TPS for Haitian Nationals. In his 23-page opinion, Judge Cogan reasoned that “Plaintiffs are likely to (and, indeed, do) succeed on the merits. Secretary Noem’s partial vacatur was in excess of her authority and was thus unlawful. Plaintiffs have also shown that they will suffer irreparable injury without postponement.” On February 20, 2025, DHS Secretary Noem partially rescinded the extension of the designation of Haiti for Temporary Protected Status (TPS). Judge Cogan ruled that this rescission was unlawful. Judge Cogan explained that “plaintiffs have evinced a reliance interest in Haiti maintaining its TPS designation until February 3, 2026. Plaintiffs have enrolled in schools, taken jobs, and begun courses of medical treatment in the United States in reliance on Haiti’s TPS designation lasting until at least February 3, 2026.” Judge Cogan’s decision has effectively restored the original TPS designation until February 3, 2026. His decision provides relief; however, the government still has time to file an appeal. We will be following this case closely and will continue to post updates.
To discuss what this decision may mean for your case, please contact the attorney at LHSCD working on your case. Alternatively, you may set up a consultation with one of our attorneys by filling out our Consultation Request Form.
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