Obama-appointed judge ruling on immigration 'turns the system on its head,' warns former DHS official
Former acting DHS deputy secretary Ken Cuccinelli weighs in on President Donald Trump being blocked from revoking migrants' legal status on 'The Will Cain Show.'
A federal judge shot down the Trump administration’s efforts to end temporary protection status (TPS) for over 520,000 Haitian immigrants currently living in the U.S.
The TPS designations for Haitians were expected to expire on Aug. 3 with termination to become effective on Sept. 2.
U.S. District Judge Brian Cogan in Brooklyn rejected those plans on Tuesday, saying Department of Homeland Security (DHS) Secretary Kristi Noem did not follow a timeline and instructions mandated by Congress to reconsider TPS designations for Haitians.
In his decision, Cogan wrote, "Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation." Doing so, he added, made her actions "unlawful."
TRUMP ADMIN ENDS TEMPORARY PROTECTED STATUS FOR HAITIAN MIGRANTS CURRENTLY IN THE US
Haitian migrants cross the US-Mexico border on the Rio Grande as seen from Ciudad Acuna, Coahuila state, Mexico, on Sept. 20, 2021. (PAUL RATJE/AFP via Getty Images)
Sources at DHS have told Fox News that they are encouraging Haitians living in the U.S. with TPS to use the CBP Home application to secure a safe departure home by offering a complimentary plane ticket and a $1,000 exit bonus.
Congress created TPS as part of the Immigration Act of 1990, with the intention of allowing residents of countries who have faced war, disasters or other unsafe and extraordinary conditions, to find refuge in the U.S. The program has the ability to be extended in increments of 18-month periods.
The Trump administration has been pressing to roll back TPS designations to fulfill a campaign promise to strengthen the border and deport many illegal immigrants who crossed the border under former President Joe Biden's administration.
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Biden gave Venezuelans TPS status in 2021, then renewed that designation before the end of his term in January 2025.
The newest designation will run from April 3, 2025, to Oct. 2, 2026. It is estimated the protection would have applied to about 300,000 Venezuelan nationals, before the Trump administration rolled back the decision.
Fox News Digital’s Preston Mizell and Reuters contributed to this report.
Greg Wehner is a breaking news reporter for Fox News Digital.
Story tips and ideas can be sent to Greg.Wehner@Fox.com and on Twitter @GregWehner.
https://www.foxnews.com/politics/federal-judge-blocks-trumps-immigration-policy-shocking-decision-haitian-protections