‘Weeping in relief’: Judge blocks Trump administration from ending protected status for Haitians

“During the stay, the Termination shall be null, void, and of no legal effect,” the judge said in her two-page order.

The ruling postpones the end of TPS for Haiti indefinitely while the case proceeds. The Trump administration could seek to stay the judge’s order in an effort to allow the termination to take effect as the case continues.

DHS Assistant Secretary Tricia McLaughlin vowed Monday evening to take the case to the U.S. Supreme Court.

“This is lawless activism that we will be vindicated on,” McLaughlin posted to her X account following the ruling. “Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades. Temporary means temporary and the final word will not be from an activist judge legislating from the bench.”

The Monday 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.”

“Haitian TPS holders make America greater, better, stronger and more prosperous,” Geoff Pipoly, lead counsel in the Washington case (Miot v. Trump) who was in Springfield Monday at a pro-immigration event, told this news outlet.

“They want nothing more that what my ancestors — and most of our ancestors — wanted: to make a life for themselves and their families in a land of opportunity. Although the government will probably appeal, we are grateful for today’s ruling, which allows our clients to breathe a sigh of relief."

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.

Vilès Dorsainvil, local pastor and Haitian leader — and the Springfield plaintiff’s brother — said the decision “will lower the pressure quite a bit and ease the fear that has been in the community.”

“I’ve been praying for it and I’ve been begging God just to help us with a good ruling,” Dorsainvil said. “The past (few) Sundays I have been preaching on Genesis Chapter 1 where God is able to bring structure to the chaos and I encouraged my congregants to keep heart and keep praying because the same God who says that let there be light and there was light, it’s the same God today ... and he speaks especially when there is this type of trouble.”

Vilès Dorsainvil said he will be pleased to return to his congregation “just to encourage them and tell them that ... God still speaks today.”

Springfield mayor

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 our 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 earlier Monday.

“It’s not like we’re out of the woods, but I just feel like it’s a break,” Wentworth said.