DHS Blocked From Terminating Haitian TPS (For Now…)

By Kayla E. Snider - Skoler Abbott P.C.

July 9, 2025

On July 1, 2025, a U.S. District Court in New York issued a decision setting aside the early termination of Temporary Protected Status (“TPS”) for Haitians.  As some of you may be aware, in February 2025, the Secretary of Homeland Security, Kristi Noem, partially vacated the 2024 extension and redesignation of Haiti for TPS on the ground that the environmental situation that arose from the 2020 earthquake near Port-au-Prince has improved enough that it is safe for Haitian citizens to return home.  This meant that Haitian TPS status would expire on August 3, 2025, and the termination would be effective on September 2, 2025.  But, in the recent decision, the federal court held that Secretary Noem did not have the authority to terminate Haiti’s TPS designation early.

Of note, the court explained that individuals with Haitian TPS “have enrolled in schools, taken jobs, and begun courses of medical treatment in the United States in reliance on Haiti’s TPS designation lasting until at least February 3, 2026.”  The court found that early termination of Haitian TPS would certainly harm the individuals who relied on the February 3, 2026 expiration date, and that this harm was directly connected to Secretary Noem partially vacating the extension of Haitian TPS.  Further, looking to U.S. immigration law, the court found that Secretary Noem did not follow the proper procedures for reviewing and terminating the TPS designation for Haiti.  The court held that “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation.” 

So, what does this mean for employers?  Unfortunately, those with Haitian TPS and their employers are still in limbo.  For the moment, Haitian TPS now expires on February 3, 2026, but the government will likely appeal this decision to the Supreme Court, which will get the final say.  Employers should make sure they are aware of any employees who may be affected by the termination of Haitian TPS and should pay close attention to Employment Authorization Documents’ expiration dates and monitor USCIS’s page regarding the status of TPS for Haitian nationals. 

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