“During the stay, the Termination shall be null, void, and of no legal effect,” the judge said in her two-page order.
The ruling came in a lawsuit alleging that Homeland Security Secretary Kristi Noem unlawfully decided to terminate Haiti’s TPS even before she took office because she was following President Donald Trump’s orders.
The Trump administration during his first term also tried to terminate Haiti’s TPS designation, but a federal court concluded that the decision was unlawful because it violated the Fifth Amendment’s equal protection guarantees and the Administrative Procedure Act.
When the DHS secretary designates a country for TPS, he or she must conduct a periodic review of that designation to evaluate the conditions and assess whether there are extraordinary and temporary conditions that prevent citizens from returning safely, the lawsuit states.
“If the Secretary determines that the conditions for designation continue to exist, the designation must be extended,” the legal complaint states, while also noting that a designation is automatically extended for at least six months if the Secretary fails to make the mandated termination within a certain time frame.
The lawsuit says, “A decision to terminate TPS must flow from the evidence the Secretary considers; a termination decision that is ‘preordained’ or ‘pretextual’ violates the statue.”
Credit: David Sherman, Video Producer | Jessica Orozco, Reporter
In a statement issued Monday night, BCLP, attorneys for the plaintiffs, said, “The court’s decision to stay the termination of Temporary Protected Status (TPS) for Haitians is a significant victory for our clients and for the thousands of Haitian TPS holders who seek nothing more than the same opportunity pursued by generations of immigrants before them: the chance to live safely, support their families and build a better life in the United States.”
Springfield man is plaintiff
One of the plaintiffs is Springfield resident Vilbrun Dorsainvil, who was a physician in Haiti who relocated to Springfield.
Dorsainvil, who has worked as a registered nurse at a local hospital, supports his 4-year-old daughter and her mother back in Haiti, as well as his mother, his godson and other family members, court documents state.
Dorsainvil fears it would be unsafe for him to return to Haiti because of his and his family’s political affiliations, which in the past resulted in the imprisonment of his brother and other safety threats, court documents state.
In a memorandum opinion about her order, Judge Reyes said Noem ignored statutory requirements approved by Congress that mandate that she reviews the conditions of foreign states like Haiti after consulting with appropriate agencies before making a decision about designation.
Reyes states that the government did not provide any reason why Haiti’s TPS termination must occur “post haste.”
“The statutory design is straightforward: TPS exists because threats to life exist; when the threat persists, so should TPS protection, unless the Secretary articulates a well-reasoned and well-supported national interest to the contrary,” Reyes wrote.
“Just weeping in relief”
Senior Pastor Carl Ruby of Central Christian Church, who has been one of the Haitian community’s biggest advocates, said this is a “major victory,” and he has been calling Haitian families who “have cried and wept in my office out of fear” to inform them of the decision.
He said in some cases, people are “just weeping in relief” and others cheering, while many are doing both. Thousands faced the real possibility of becoming immigrants living here illegally and uncertainty about where they would go.
“I hope that all of those people sleep well tonight,” Ruby said.
Springfield Mayor Rob Rue said in a statement the ruling “provides clarity and stability for families who are already part of our community.”
“It reflects the reality that many individuals are working, pay taxes, raising families and contributing every day to the life of our city,” Rue said. “Economic stability in out community matters because uncertainty can affect businesses, workers and families alike. We respect the judicial process and remain committed to the wellbeing of the people who call our city home.”
Marjory Wentworth, a representative of Springfield G92, a coalition of churches and people of faith committed to immigrant advocacy, said the timing of the ruling could not have been any more perfect, pointing to the faith-fueled day of advocacy in Springfield that was Monday.
She believes “everyone is just breathing a sigh of relief” for a respite while an expected appeal goes on. The federal government has “a lot to prove” to win its case, Wentworth said.
“It’s not like we’re out of the woods, but I just feel like it’s a break,” Wentworth said.
BCLP said the government’s own evidence demonstrated that Haiti remains a very dangerous place where there is rampant gang violence, disease, a nonfunctioning government and political instability.
“This ruling recognizes the grave risks Haitian TPS holders would face if forced to return, and it ensures that they can remain here in the United States – as legislated by Congress - to continue their lives, contributing to their communities, and supporting their families," BCLP said.
The law firm said it is fully prepared to continue the legal fight if the government chooses to appeal, which many observers believe will happen.
This story is developing and will be updated.
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