Reyes’ order prevents thousands of Haitian nationals in Springfield and Clark County from losing their lawful right to live and work in the United States.
The Trump administration appealed Reyes’ order and memorandum opinion to the DC appellate court. The Trump administration also requested the district court stay its ruling that blocks the termination from going into effect.
Following Reyes’ decision on Monday, DHS Assistant Secretary for Public Affairs Tricia McLaughlin posted on X (formerly Twitter), “Supreme Court, here we come.”
Reyes on Friday denied a request from the administration to rule on the motion for a stay by noon Monday. She ordered plaintiffs in the case to respond by noon Wednesday, Feb. 11.
Reyes also instructed DHS to state whether it has any action plans to mobilize Immigration and Customs Enforcement officers to send to areas heavily populated with Haitian TPS holders, including Springfield, if the Feb. 3 termination goes into effect.
“If the government has taken no action in anticipation of the termination, the declarant must state that,” she ordered.
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. They 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.
All of this creates 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.
Local reaction
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.
DIG INTO OUR HAITIAN COVERAGE
Clark County Sheriff’s Office to ‘maintain the peace’ as TPS ends, will not enforce immigration laws
WATCH: Haitian restaurant in Springfield struggles as federal protections near expiration
• What’s coming?: After some initially warned of an anticipated 30-day ICE surge following the end of TPS, school and state officials stressed they have had no direct communication with the feds about potential enforcement actions, but they are preparing for the possibility.
• A community in fear: Reporter Cornelius Frolik traveled the streets of Springfield with a translator and spoke to more than a dozen Haitian people living and working in the Springfield area. Most of them expressed feelings of uncertainty and dread about the TPS cancellation.
• Lawsuits: Area Haitians on TPS are pinning their hopes on a couple of lawsuits that challenge the legality of the federal government’s decision to cancel the TPS designation for Haiti. Here are the details on those lawsuits, including one involving a Springfield man.
• Keket: Our reporters sat down with a local restaurant owner concerned that immigration enforcement fears could close her business. Her compelling personal story is captured in writing and video here.
• Residents prepare: More than 80 people took part in an educational event at Zion Hill Baptist Church in Springfield Thursday evening, learning about their rights and those of their neighbors regardless of immigration status.
• Law enforcement: Local law enforcement officials say they will work to “maintain the peace” amid any ICE surge, but they won’t enforce federal immigration law.
• City leaders: The Springfield City Commission unanimously passed a resolution asking federal immigration agents to follow local rules when conducting enforcement activities.
• Politicians react: Our statehouse reporter Avery Kreemer reached out to politicians who represent Dayton and Springfield at the state and national level about their views on ending TPS and an ICE surge. Read that story here.
• How we got here: We have been reporting on the growth of the Haitian population in Springfield and its effect on the community for years. This story from the archive explains why so many Haitians relocated to Springfield, Ohio.
• Community survey: In addition to reporters interviewing residents on the street, we created an online survey to gather community perspective. I’ll have a summary of responses in an upcoming story.
• Dayton action: Several Dayton restaurants and other businesses closed Friday and hundreds of people gathered in front of U.S. Rep. Mike Turner’s Dayton office as part of the nationwide protest of ICE operations.
• VIDEO: What to know about Haitian immigration in Springfield
• VIDEO: Haitian immigrant community grows in Springfield
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