On Wednesday, January 7, 2026, the second day of hearings regarding the legality of the Trump Administration's attempt not to extend Temporary Protected Status (TPS) for Haitians, Federal Judge Ana C. Reyes ordered the government to provide additional documentation to examine whether the Trump Administration's decision was "predetermined".

Judge Reyes expressed skepticism and criticized the Trump Administration for "selectively" using a UN report to justify ending TPS, while ignoring the numerous security concerns detailed in that same report. "You can't rely on one article for one thing and not for another," Judge Reyes stated.

During the hearing, Judge Reyes asked Secretary of Homeland Security Kristi Noem whether she had conducted a thorough analysis of the situation in Haiti and fulfilled her obligation to assess whether the situation had improved sufficiently to justify ending the protection.

The judge appeared skeptical of the Trump administration’s argument : a brief email from a State Department official stating there were "no foreign policy concerns" regarding the termination of TPS.

The judge noted that this terse response from the State Department official was sent only 53 minutes after the request was received, on a Friday afternoon, and concluded that the official had not had the opportunity to consult with experts or conduct a thorough review.

During an exchange that lasted more than 30 minutes, Me Sampat, one of the government’s lawyers, argued that the term "foreign policy" could reasonably be interpreted as encompassing the situation on the ground. Judge Reyes was not convinced. "This does not allow us to know whether holders of Haitian Temporary Protected Status (TPS) can safely return to Haiti," she told Mr. Dhruman Sampat.

Although no final decision has been rendered, Judge Reyes indicated that she will issue her ruling on the request to suspend the termination of TPS by February 2nd, 2026, one day before the scheduled expiration of protections for Haitian nationals.

If Judge Reyes suspends the revocation of TPS for Haitians, the Government will likely appeal, and the case could be brought before the Supreme Court.

Learn more about Judge Reyes :

Nominated by President Joe Biden and confirmed by the U.S. Senate in February 2023, Ana C. Reyes is the first woman of Latin American descent and the first openly LGBTQ+ person to serve as a district judge in Washington, D.C. Prior to her nomination, she was a partner at Williams & Connolly for over two decades and has extensive experience in international law and representing asylum seekers.

See also :

https://www.haitilibre.com/en/news-46580-haiti-flash-end-of-tps-judge-reyes-confronts-the-trump-administration-with-its-contradictions.html

https://www.haitilibre.com/en/news-46575-haiti-flash-a-federal-court-is-to-rule-on-the-legality-of-not-extending-temporary-protected-status-tps.html

SL/ HaitiLibre