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.
A week ago, 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, DC 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 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. Secretary Noem continues to insist that cancelling Haiti’s designation is in the national interest.
DIG INTO OUR HAITIAN COVERAGE
Clark County Sheriff’s Office to ‘maintain the peace’ as TPS ends, will not enforce immigration laws
WATCH: Haitian restaurant in Springfield struggles as federal protections near expiration
• What’s coming?: After some initially warned of an anticipated 30-day ICE surge following the end of TPS, school and state officials stressed they have had no direct communication with the feds about potential enforcement actions, but they are preparing for the possibility.
• A community in fear: Reporter Cornelius Frolik traveled the streets of Springfield with a translator and spoke to more than a dozen Haitian people living and working in the Springfield area. Most of them expressed feelings of uncertainty and dread about the TPS cancellation.
• Lawsuits: Area Haitians on TPS are pinning their hopes on a couple of lawsuits that challenge the legality of the federal government’s decision to cancel the TPS designation for Haiti. Here are the details on those lawsuits, including one involving a Springfield man.
• Keket: Our reporters sat down with a local restaurant owner concerned that immigration enforcement fears could close her business. Her compelling personal story is captured in writing and video here.
• Residents prepare: More than 80 people took part in an educational event at Zion Hill Baptist Church in Springfield Thursday evening, learning about their rights and those of their neighbors regardless of immigration status.
• Law enforcement: Local law enforcement officials say they will work to “maintain the peace” amid any ICE surge, but they won’t enforce federal immigration law.
• City leaders: The Springfield City Commission unanimously passed a resolution asking federal immigration agents to follow local rules when conducting enforcement activities.
• Politicians react: Our statehouse reporter Avery Kreemer reached out to politicians who represent Dayton and Springfield at the state and national level about their views on ending TPS and an ICE surge. Read that story here.
• How we got here: We have been reporting on the growth of the Haitian population in Springfield and its effect on the community for years. This story from the archive explains why so many Haitians relocated to Springfield, Ohio.
• Community survey: In addition to reporters interviewing residents on the street, we created an online survey to gather community perspective. I’ll have a summary of responses in an upcoming story.
• Dayton action: Several Dayton restaurants and other businesses closed Friday and hundreds of people gathered in front of U.S. Rep. Mike Turner’s Dayton office as part of the nationwide protest of ICE operations.
• Springfield City Hall, school, county hit by threats tied to Haitian immigration concerns
• VIDEO: What to know about Haitian immigration in Springfield
About the Author
