NEWARK, N.J. – A federal judge has ruled that immigration authorities cannot detain a Haitian national who holds Temporary Protected Status (TPS), finding his recent confinement at a New Jersey detention center violated clear federal law.
In an opinion issued this week, U.S. District Judge Susan D. Wigenton granted partial relief to petitioner Genor Jean-Francois, who filed a habeas corpus petition after being held by Immigration and Customs Enforcement (ICE) at the Delaney Hall Detention Facility in Newark.
Jean-Francois, who legally entered the U.S. in 2016 on a K-1 visa, was detained in late 2025 after the Department of Homeland Security initiated removal proceedings, alleging he had failed to maintain his immigration status. However, during those proceedings, Jean-Francois provided evidence that he had been granted TPS as a Haitian national on February 4, 2023—a status that, by law, shields him from detention or removal while it remains in effect.
Citing 8 U.S.C. § 1254a, Judge Wigenton ruled that DHS “may not detain Petitioner because of his immigration status for the duration of his TPS designation,” which remains valid through February 3, 2026. The court prohibited ICE from taking Jean-Francois back into custody during that period.
Jean-Francois was released from detention on January 22, but federal attorneys sought to dismiss his habeas petition as moot. The court rejected that argument in part, finding that continued reporting requirements to ICE did not nullify his claim, though it limited relief to the remaining days of his TPS coverage.
The judge emphasized that while removal proceedings may continue administratively, federal law bars detention or deportation of a TPS holder for as long as that protected designation lasts.
Key points:
• Federal judge ruled ICE cannot detain Haitian TPS recipient Genor Jean-Francois.
• The court found his prior detention violated statutory protections for TPS holders.
• DHS remains barred from detaining him until Haiti’s TPS designation expires February 3, 2026.
