Trump administration files official appeal notice in Haitian TPS suit

• The Trump administration is appealing a court decision that allowed Haitian immigrants with Temporary Protected Status (TPS) to remain in the U.S.
• A federal judge ruled to keep the TPS designation for Haiti in place, which was set to expire on Feb. 3.
• An estimated 350,000 Haitian immigrants are believed to be in the United States, with tens of thousands residing in Ohio.

President Donald Trump's administration and the Department of Homeland Security have indicated their intent to appeal a decision by a federal court earlier this week that allowed thousands of Haitian immigrants with Temporary Protected Status to stay in the country.

Government attorneys filed the notice of appeal to the Court of Appeals for the District of Columbia Circuit on Feb. 5.

The appeal comes days after a Feb. 2 ruling from a U.S. District Court Judge Ana Reyes of the District of Columbia that stopped the administration from canceling the Temporary Protected Status (TPs) for immigrants from Haiti, which had been set to expire Feb. 3. Reyes' ruling is part of an ongoing lawsuit related to TPS for Haitian immigrants.

About 15,000 Haitian immigrants live in Springfield and another estimated 30,000 live in central Ohio. About 350,000 Haitian immigrants are believed to be in the United States on TPS.

In addition to the notice of appeal, government attorneys also requested Reyes pause her order allowing TPS to remain in place. The motion asked Reyes to make a decision by noon on Feb. 9 as part of the appeals process.

Attorneys for the immigrants who filed the lawsuit said the expedited ruling request would not give their clients the proper time to respond and is being filed without a legal basis. Those attorneys say there is no emergency to keep the termination of TPS designation in place because it has been extended multiple times by courts in the last 18 months.

Reyes balked at the administration's request for a quick decision in a Feb. 6 entry in which she ordered DHS to outline its plans for immigration enforcement after TPS for Haiti ends.

TPS designation can be granted to immigrants from countries where there is ongoing armed conflict, environmental disaster, epidemics or other extraordinary and temporary conditions.

The anticipated Feb. 3 expiration of TPS had led to concerns about surges in immigration enforcement activity in Springfield and elsewhere. Reyes' ruling said the termination order is "null, void and of no legal effect." Even after the decision, Haitians in Springfield said they feared the reprieve was only temporary.

A decision from the D.C. Circuit Appeals Court would allow an appeal to the Supreme Court of the United States. The circuit court includes seven judges appointed by Republican presidents and nine appointed by Democratic presidents.

This story was updated with additional information from the court case.

Reporter Bethany Bruner can be reached at [email protected].