联邦法官周三正式允许特朗普政府终止对数十万海地人的临时驱逐保护,这标志着目前为止,这场持续数月的案件最终迈出了最后一步,该案件已上诉至最高法院。
美国地方法官安娜·雷耶斯的这一宣布发布了一个多月后,高等法院推翻了她今年早些时候作出的裁决,该裁决阻止了政府终止一项名为“临时保护身份”的项目,该计划旨在为近年来政治动荡和自然灾害后逃离该国的海地人提供该计划。
雷耶斯在一份简短命令中写道:“法院的命令曾暂停国土安全部长克里斯蒂·诺姆终止海地临时保护身份指定(等待司法审查)的生效日期,但该命令已不再有效。”
该命令解决了导致约35万海地受益者困惑的一个悬而未决的问题。在最高法院于六月底作出裁决后,目前尚不清楚这些保护究竟何时会被正式取消。
代表提起法律挑战的海地TPS持有者律师Geoff Pipoly表示:“由于今天执行最高法院判决的命令,持有TPS的海地人——全部非犯罪者——已无法合法工作,许多人面临被驱逐到海地,而海地仍是世界上最危险的国家之一。”
据两位熟悉计划的消息人士透露,移民与海关执法局已开始针对TPS持有者,包括即将到期的海地人。周三的命令为政府开始将他们遣返回一个国务院多次警告危险且不稳定的国家铺平了道路。
“我们现在就要追捕他们,”国土安全部部长马克韦·穆林本周告诉《新闻国度》。“这些人要么自行驱逐,要么我们逮捕你并遣返回国。就是这么简单。”
近日,一些海地人被召至ICE办公室,佩戴脚踝监控器,这是一种ICE长期使用的替代拘留方式,同时限制移民行动。
部分受益者如果正在寻求其他移民救济,如庇护或其他合法身份申诉,可能不会受到该项目取消的影响。
雷耶斯负责的案件在此期间仍将继续进行,海地方面将继续坚持认为,政府在取消允许海地人在美国生活和工作的保护措施时,是出于歧视意图。
在其他几起挑战政府终止埃塞俄比亚、缅甸和南苏丹人民TPS决定的案件中,法官们近几周阻止政府推进计划,同时他们正在权衡新的法律诉求,这引发了特朗普政府的公众强烈反弹,他们认为该身份本应是临时的。
最高法院今年夏初的裁决称,联邦法院无权审查针对国土安全部长决定终止多国TPS的挑战,理由是政府未遵循适当的法律程序。雷耶斯是前总统乔·拜登的任命者,她的决定部分基于时任国务卿诺姆在结束该项目时规避法律的认定。
法官还认为该决定很可能源于对海地人的种族敌意,但最高法院表示,目前呈现给她的证据并不支持这一认定。现在,海地方面的律师将继续寻找更多证据以加强他们的论点。
“判决中没有任何内容表明原告不能尝试汇集必要的额外证据来证明他们的平等保护主张,”移民律师在上个月的法庭文件中告诉雷耶斯。
老年护理行业受挫
海地TPS持有者的流失将对养老行业,包括养老院和家庭护理机构,造成严重打击。
甚至在周三的决定之前,一些养老院就在这些工作人员的工作许可上周初到期后开始解雇他们。
佛罗里达威斯敏斯特社区解雇了12名在持续护理机构担任认证护理助理(CNA)、餐饮服务员工和管家的海地TPS持有者。首席人力资源官阿曼达·伯奇告诉CNN,政府将根据需要用临时工替代他们。
但伯奇说,这种转变并不容易。
“对于住院医师来说,随着这些年来与这些前团队成员建立关系,他们并不真正了解新成员,这对居民来说也是干扰。”
她说,一些TPS持有人已经聘请律师,希望申请其他身份以获得工作许可。有些人计划移居加拿大,那里有亲戚。
另一位东海岸的长期护理提供者上周初告诉CNN,她不会裁员32名海地TPS持有者,除非被强制裁员。其中六名员工在服务提供者的辅助生活设施工作,其余员工在养老院工作。许多是护理助理(CNA),另一些则从事膳食和支持工作。其中几位已经为该服务提供者工作了20多年。
该提供者表示,招聘护理助理很难,而且大多数员工都是移民,并请求CNN不要使用她或她所在机构的名称,以免引起移民官员的注意。随着美国人口老龄化,将需要更多的护理助理。
此外,居民及其家属依赖并感激海地TPS持有者所做的工作,该提供者表示。她指出收到了许多关于一位资深员工的赞扬信。
“这是一个做着别人都不想做的重要工作的人,”这位医生说。“我们要把她送回一个陌生、战火纷飞、危险的地方。一个纳税、在这里养育孩子、在这里扎根的女人。为了什么?你到底想干什么?”
除了老年护理行业外,海地TPS持有者还在酒店、零售和餐饮行业工作——这些行业都将面临工人的突然流失。
根据FWD.us的分析,2025年初,近19万海地TPS持有者被雇佣,是一个专注于移民的政策与倡导组织,该组织支持TPS惠及海地人。他们向美国经济贡献约59亿美元,同时缴纳16亿美元的联邦、工资、州和地方税。
Court confirms that temporary deportation protections for Haitians are no longer in place
A federal judge on Wednesday officially allowed the Trump administration to end temporary deportation protection for hundreds of thousands of Haitians, marking the final step, for now, in a months-long case that made its way to the Supreme Court.
Theannouncementfrom US District Judge Ana Reyes comes more than a month after the high court reversed a ruling she made earlier this year that halted the government’s plans to end a program, known as Temporary Protected Status, for Haitians who fled the country in recent years amid political unrest and on the heels of natural disasters.
“The court’s order, which had stayed the effective date of Department of Homeland Security Secretary Kristi Noem’s Termination of the Designation of Haiti for Temporary Protected Status pending judicial review, is no longer in effect,” Reyes wrote in a brief order.
The order puts to bed a lingering question that had caused confusion among the roughly 350,000 Haitians benefiting from the program. Following the Supreme Court’s decision in late June, it remained unclear when, exactly, the protections would be officially gone.
“As a result of today’s order implementing the Supreme Court’s decision, Haitian TPS holders – all of them non-criminals – can no longer legally work, and many are subject to removal to Haiti, which continues to be one of the most dangerous countries in the world,” said Geoff Pipoly, an attorney representing the Haitian TPS holders who brought the legal challenge.
Immigration and Customs Enforcement had already started to target TPS holders, including Haitians, whose status was set to expire, according to two sources familiar with the plans. Wednesday’s order paves the way for the administration to start deporting them back to a country that the State Department has repeatedly warned is dangerous and unstable.
“We’re going after them right now,” DHS Secretary Markwaye Mullin told NewsNation this week. “These individuals can either self-deport or we’ll arrest you and send you back. It’s that simple.”
In recent days, some Haitians have been called into ICE offices to be fitted with ankle monitors, which is an alternative form of detention long used by ICE that also restricts the movements of immigrants.
Some of those who had benefited from the program may not be affected by its undoing if they were pursuing other immigration relief, like asylum or other claims for legal status.
The case being overseen by Reyes will still continue in the meantime, with the Haitians continuing to press their claim that the administration acted with discriminatory intent when it nixed the protections, which allowed the Haitians to live and work in the US.
In several other cases challenging the administration’s decision to end TPS for people from Ethiopia, Burma and South Sudan, judges have in recent weeks blocked the administration from moving forward with its plans while they weigh new legal claims, sparking public backlash from the Trump administration, which argues that the status was only ever meant to be temporary.
The Supreme Court’s decision earlier this summer said that federal courts do not have the power to review challenges to the Homeland Security secretary’s decision to end TPS for a slew of countries based on claims the administration didn’t follow proper legal procedure. Reyes, an appointee of former President Joe Biden, had partially based her decision on a finding that then-Secretary Noem skirted the law when she ended the program.
The judge also concluded that the decision was likely fueled by racial animus toward Haitians, but the high court said the present evidence before her in the case did not support that finding. Now, attorneys for the Haitians will continue looking for additional evidence to strengthen their argument.
“Nothing in the decision suggests that the plaintiffs here cannot try to marshal the additional evidence necessary to prove their equal protection claim,” lawyers for the migrants told Reyes in a court filing last month.
Elder care industry suffers
The loss of the Haitian TPS holders will hit the elder care industry, including nursing homes and home care agencies, particularly hard.
Even before Wednesday’s decision, some nursing homes started letting go of these staffers when their work authorization ended early last week.
Westminster Communities of Florida terminated 12 Haitian TPS holders who worked as certified nursing assistants (CNAs), dining services staffers and housekeepers in its continuing care facilities. It will replace them with temporary workers, as needed, Amanda Birch, chief human resources officer, told CNN.
But the shift isn’t easy, Birch said.
“It’s disruptive to residents, as well, to have new team members come in that they don’t really know — when they develop relationships with these prior team members over the years,” she said.
Some of the TPS holders have hired attorneys in hopes of applying for another status that will give them work authorization, she said. Some plan to move to Canada, where they have relatives.
Another long-term care provider on the East Coast told CNN early last week that she would not lay off any of her 32 Haitian TPS holders until she is compelled to do so. Six of the staffers work in the provider’s assisted living facility and the rest in the nursing home. Many are CNAs, while others work in dietary and support roles. Several have worked for the provider for more than 20 years.
It’s hard to hire CNAs, and most of these staffers are immigrants, said the provider, who asked CNN not to use her or her facility’s name so as not to attract the attention of immigration officials. As the US population ages, even more CNAs will be needed.
Also, residents and their families depend on and appreciate the work that the Haitian TPS holders do, the provider said. She pointed out the multitude of letters of praise she’s received about one longtime employee.
“This is a person who does an important job that no one else wants to do,” the provider said. “We’re going to send her back to a place that’s unfamiliar, that’s war torn, that’s dangerous. A woman who’s paid taxes, who’s raised her children here, who has established roots here. For what? What are you trying to do?”
In addition to the elder care industry, Haitian TPS holders also work in the hospitality, retail and restaurant sectors — all of which will have to contend with the sudden loss of workers.
Nearly 190,000 Haitian TPS holders were employed in early 2025, according to an analysis byFWD.us, a policy and advocacy organization focused on immigration that supports TPS for Haitians. They contribute an estimated $5.9 billion to the US economy, as well as pay $1.6 billion in federal, payroll, state and local taxes.





