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Courts Bar Trump’s Border Asylum Ban and Reinstate TPS for Haitian Migrants

By ruling the measures exceeded executive authority, courts preserved asylum access during the appeals process.

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Overview

  • Judge Randolph Moss in Washington blocked the administration’s directive barring asylum requests by migrants entering illegally and set the injunction to begin July 16, allowing time for appeal.
  • In New York, Judge Brian M. Cogan determined DHS Secretary Kristi Noem overstepped her authority by shortening Temporary Protected Status and ordered Haitian TPS restored through February 2026.
  • The rulings highlight judicial insistence that presidential immigration actions adhere to laws passed by Congress and cannot bypass statutory procedures.
  • DHS spokesperson Tricia McLaughlin criticized the decisions as delaying justice and undermining presidential powers, indicating the administration will appeal promptly.
  • A parallel lawsuit, Haitian Americans United Inc. v. Trump, is still pending in Massachusetts and could affect future TPS revocation efforts.