Miami Mayor Eileen Higgins criticizes Trump appeal seeking to lift court block on Haitian TPS protections

Legal fight over Haitian TPS intensifies as Miami warns of local impacts

Miami Mayor Eileen Higgins has sharply criticized the Trump administration’s decision to pursue an emergency request aimed at ending Temporary Protected Status (TPS) protections for Haitian nationals while a court appeal continues. The dispute centers on whether the federal government can move forward with terminating TPS during ongoing litigation over the legality of that termination.

TPS is a federal designation that allows eligible nationals of certain countries facing armed conflict, environmental disaster, or other extraordinary conditions to live and work in the United States for set periods, with extensions or terminations decided by the Department of Homeland Security (DHS). Haitian TPS has been in place, with multiple renewals, since it was first granted after Haiti’s 2010 earthquake.

What the court has done so far

On February 2, 2026, U.S. District Judge Ana C. Reyes in Washington, D.C., issued an order blocking DHS from ending TPS protections for Haitians while a lawsuit challenging the termination proceeds. The termination had been scheduled to take effect at 11:59 p.m. on February 3, 2026.

After the ruling, the administration filed an appeal and asked Judge Reyes to lift her order during the appeal process—an effort that would allow TPS terminations to proceed immediately despite the ongoing case. The administration also requested a rapid decision timeline, raising the possibility that, if rejected, it could seek emergency relief from an appellate court.

Miami’s response and the local stakes

In a public statement, Higgins said the effort to end TPS during the appeal would create instability for residents who are living and working legally under the program. She also emphasized Miami’s reliance on immigrant communities and pointed to potential strain on essential services if large numbers of workers lose legal authorization to remain and work.

South Florida is one of the nation’s largest Haitian-American hubs. Community leaders and elected officials across the region have framed TPS as a workforce and family-stability issue as well as an immigration policy question, arguing that sudden changes can affect employers, schools, and healthcare systems.

How the administration has framed TPS terminations

DHS has argued that TPS is designed to be temporary and that it has authority to end designations when it determines conditions have improved or the designation no longer meets statutory requirements. In court filings, government lawyers have disputed allegations that the decision-making process was unlawful or improperly motivated.

What happens next

• The district court case will continue, with the February 2 order keeping TPS protections in place while the lawsuit proceeds.

• Separate appellate litigation will determine whether the injunction remains in effect during the appeal.

• Further emergency motions are possible if the administration seeks to lift the block before the merits of the case are fully resolved.

The immediate practical question is whether Haitian TPS holders can retain work authorization and protection from removal while the courts decide whether the termination complied with federal law.