In documents filed in federal court in the District of Columbia on Tuesday morning, Castano said the agency did not take action to enforce the termination of Haiti’s TPS designation on Feb. 3 because the termination was stayed a day before.
But Castano said DHS would have acted to enforce the immigration laws if the termination went into effect.
The government’s filing was in response to a judge’s order demanding that DHS provide a sworn declaration stating whether or not the agency has taken any action to mobilize ICE potentially to head to areas with sizable Haitian populations, like Springfield.
Last week, District of Columbia District Court Judge Ana Reyes issued a ruling that pauses the DHS’ termination of Haiti’s TPS, which was on track to take effect Feb. 3. Five TPS holders from Haiti, including a Springfield resident, filed a lawsuit in Washington, D.C. challenging the validity of the decision to terminate. The case is Miot v. Trump.
The Trump administration appealed Reyes’ ruling and asked her for a stay to allow Haiti’s TPS cancellation to take effect as the case goes through the appeal process.
The government has said failure to grant a stay would cause “irreparable harm” to DHS Secretary Kristi Noem by interfering with national security and national interests. Meanwhile, the plaintiffs in the case have said they could face detention and deportation and would lose work authorization if Haiti loses TPS.
In a declaration filed on Tuesday, Castano said she does not know of any plans DHS had to mobilize members of ICE to areas with large populations of TPS beneficiaries from Haiti in anticipation of the termination of the country’s designation. But she noted that ICE is engaged in daily enforcement activities in places like Springfield.
Castano’s declaration states, “ICE operations are targeted to those who are removable from the country, regardless of nationality, with the end goal of enforcing the immigration laws to preserve the national security and public safety of the United States.”
Attorneys for the Trump administration in court documents filed late last year said there is nothing in the record that suggests that the plaintiffs in the Miot v. Trump case would be subject to immediate detention by immigration authorities if Haiti’s TPS is terminated. Plaintiffs’ fears about detention and removal are “conjecture” and theoretical, the government said.
But Judge Reyes wrote in a ruling issued last week that the actual and potential harm to plaintiffs if TPS termination is not paused includes risk of detention and removal, family separation and the loss of work permission.
TPS termination instantly would cause more than 330,000 Haitian nationals in the United States to lose their lawful immigration status, and they would have to either self-deport or remain in this country unlawfully and face the threat of detention and deportation, Reyes wrote. About 26,500 people in Ohio were TPS holders in March 2025, says the Congressional Research Service.
Judge Reyes said the federal government either has or does not have concrete plans to detain and seek to deport Haitian TPS holders. She gave the federal government until 10 a.m. Tuesday morning to submit a declaration about potential mobilization activities.
The plaintiffs in the Miot v. Trump lawsuit allege DHS Secretary Noem’s termination decision was “preordained” and based on “racial animus” instead of actual conditions in Haiti. Attorneys for the plaintiffs say Haiti is extremely dangerous right now and there’s no way for its citizens to return safely.
The federal government has argued that Noem’s TPS decisions were lawful, within her authority and not subject to judicial review. Noem continues to insist that cancelling Haiti’s designation is in the national interest.
About the Author
