Attorney General James Takes Action to Protect Haitian Immigrants

NEW YORK – New York Attorney General Letitia James co-led a coalition of 18 other attorneys general in opposing the Trump administration’s attempt to strip hundreds of thousands of Haitian immigrants of their legal status under the Temporary Protected Status (TPS) program. TPS is a humanitarian program that protects individuals from returning to countries that have been deemed unsafe due to ongoing armed conflict, environmental disaster, or other extraordinary conditions that prevent their safe return. In an amicus brief, Attorney General James and the coalition argue that eliminating TPS for Haitian immigrants would put them in danger, tear families apart, and hurt local economies. Attorney General James is asking the U.S. District Court for the Eastern District of New York to keep TPS in place for thousands of Haitian immigrants, including the more than 5,400 Haitian TPS holders living in New York City. 

“Revoking Haitians’ legal immigration status that has kept them safe with their families in the U.S. is cruel and dangerous,” said Attorney General James. “Haitian immigrants have contributed immensely to our communities, neighborhoods, and local economies, and without them New York and this nation would not be the same. I am urging this federal court to keep Haitians’ legal status intact so that families can safely stay together.”  

Despite ongoing humanitarian crises in Haiti, the Trump administration has taken actions that would terminate TPS protections for Haitians, who were provided the opportunity to apply for that legal status in 2010 after an earthquake devastated the island. Since 2010, Haiti has faced political instability and the U.S. has continued to extend TPS protections for Haitians since 2011. Despite unsafe conditions in Haiti, the Trump administration moved to end protections for TPS holders, jeopardizing the safety of countless individuals.

In an amicus brief filed in Haitian Evangelical Clergy Association v. Donald J. Trump, Attorney General James and the coalition state that the Trump administration’s changes to TPS were made without considering the perilous conditions in Haiti, and if allowed to take effect, these changes would upend the lives of hundreds of thousands of TPS holders and their families. These terminations would decrease the amount of time Haitian TPS holders are allowed to stay in the U.S. with work authorization and subject them to the risk of deportation.

In addition to the humanitarian impact, the attorneys general argue terminating TPS would disrupt local economies and strain state resources in multiple states, including New York. Haitians are critical members of New York’s workforce, filling essential roles in healthcare, education, construction, and other industries. Many are homeowners and business owners who contribute billions to the economy through wages and taxes.

New York is home to approximately 56,800 TPS holders, with more than 5,400 Haitian TPS holders living in New York City alone. In 2023, New York TPS households earned $2.3 billion in income, paid $348.9 million in federal taxes and $305.5 million in state and local taxes, and contributed $1.6 billion in spending power.

Attorney General James and the coalition further argue that families of Haitian TPS holders will be harmed if changes to the program are not postponed, creating serious hardship for these households. It would also force TPS-holder parents to make the agonizing choice between:

• Returning to their country of origin alone, leaving their children behind in broken families and the foster care system;
• Taking their family members, some of whom are American citizens, with them to a dangerous country that they do not know; or
• Staying in the United States and retreating into the shadows, knowing that they cannot work legally and could be ripped from their families at any time.

Attorney General James has been fighting to protect vulnerable immigrant communities. Last month, Attorney General James co-led a coalition of attorneys general in opposing the Trump administration’s unlawful and baseless attempt to strip TPS from Haitian and Venezuelan immigrants. The U.S. District Court for the Northern District of California expressly relied on an amicus brief co-led by Attorney General James in granting preliminary relief protecting Venezuelan TPS holders in National TPS Alliance v. Noem. 

Joining Attorney General James in filing the brief are the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.