But the federal government has appealed Reyes’ order and memorandum opinion to the DC appellate court. The Trump administration also has requested the district court stay its ruling that blocks the termination from going into effect.
The Trump administration is asking the court to rule on the motion for a stay by noon Monday, because the government says they want to seek appellate review.
Following Reyes’ decision on Monday, DHS Assistant Secretary for Public Affairs Tricia McLaughlin posted on X (formerly Twitter), “Supreme Court, here we come.”
Legal analysis
In a separate but similar case in California that challenged DHS’ termination of TPS for Venezuelans, the Supreme Court issued two orders last year that allowed Venezuela’s termination to take effect during the appeals process even though the lower courts found the federal government illegally cancelled the designation.
The Trump administration appears to be trying to obtain a similar order in this case. The government’s motion for a stay states, “The Supreme Court’s stay orders involved substantially similar issues (the reviewability and lawfulness of a TPS termination), and this court must follow those informative decisions to resolve this substantially similar stay request.”
DHS continues to argue that cancelling TPS for Haiti is in the national interest and there are no “extraordinary and temporary conditions” in Haiti that prevent Haitian nationals from safely returning there. The defendants claim the DHS Secretary’s TPS determinations are not subject to judicial review.
Some lawyers and legal observers told this news outlet that they believe Haiti’s TPS designation could and should be extended for six months, because the DHS secretary did not make a valid determination for cancellation.
However, Ericka Curran, a professor at the University of Dayton School of Law, says the pause on Haiti’s TPS termination could be short-lived if the Supreme Court or an appellate court issues an emergency stay of Reyes’ order.
“The government can seek an emergency stay pending appeal quickly (days/weeks), which is exactly how TPS fights have whipsawed in other cases,” Curran said.
The two orders issued by the Supreme Court last year were made on its emergency docket, also called the “shadow docket,” where the court handles “urgent” requests for relief without full briefings and oral arguments.
Local reaction
All of this creates a lot of uncertainty for TPS holders, because the Supreme Court or the appeals court could reactivate the termination and expose people to detention and deportation risks, especially those with prior removal orders or no other independent status, Curran said.
Springfield Haitian Community Help and Support Center President Vilès Dorsainvil said the appeal was expected and he is continuing to encourage Haitians to be cautious while awaiting a ruling. He compared a potential ruling against the stay to what has happened with Venezuelans.
“I don’t know how that will be, and this is why we think that folks should continue to be cautious because at the end of the day, (the Trump administration) are not giving up,” Dorsainvil said. “We are very concerned about the appeal, actually.”
Many are anxious and some Haitians who lost their jobs with TPS expiring have been called back to work for now, though how long that will last is uncertain, he said. The Haitian support center is continuing to help Haitians with legal services and transportation concerns, he said.
Ohio Immigrant Alliance Director Lynn Tramonte told the News-Sun they were also expecting the appeal but she said it coming the same day the president circulated a video depicting former President Barack Obama and First Lady Michelle Obama as apes “simply reinforces the fact that this decision was purely based on racism and not any reasonable evaluation of whether Haiti can accept people back in their country.”
“The Supreme Court has to rein this in; we cannot be a country that decides people’s rights based on their race and national origin,” Tramonte said. “It’s just not part of what our founding fathers anticipated or asked for.”
Tramonte said the Ohio Immigrant Alliance is heartened by Springfielders across the political spectrum coming together to support the city and its Haitian population. She said Springfield it “the best of the United States, the best of Ohio.”
“Springfield’s asking the right questions: What happens to the kids? What happens to the businesses? What happens to the economic vitality that the added population has brought to our town?” Tramonte said. “It’s really a question to ask JD Vance and Sen. Bernie Moreno: Are you going to defend an Ohio community or are you going to defend a president who is circulating racist tropes about Black leaders?”
An estimated 10,000 to 15,000 people from Haiti live in the Springfield area, and many are TPS holders. Haitian community members say their homeland remains mired in rampant violence, political stability and famine.
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