The legal battle over Haiti’s Temporary Protected Status (TPS) has reached a new and critical stage.
Background
TPS provides temporary protection from removal and work authorization to nationals of countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions. Haiti was designated for TPS following the devastating 2010 earthquake and has remained under that designation for over a decade. Secretary of the Department of Homeland Security (DHS), Kristi Noem, issued a Federal Register notice in November 2025 terminating Haiti’s TPS designation effective February 3, 2026. Plaintiffs challenged that termination in federal court, and a judge in the U.S. District Court for the District of Columbia blocked the government from ending the program pending adjudication of the merits, finding a likelihood of success in showing procedural and substantive issues with the termination decision.
On March 6, 2026 the D.C. Circuit panel denied the administration’s motion for an emergency stay of that injunction, leaving the lower court’s order in place while the case proceeds in court.
Supreme Court Application
On March 11, 2026, the U.S. Department of Justice, on behalf of DHS, filed an emergency application with the U.S. Supreme Court seeking two primary forms of relief:
- An immediate stay of the lower court’s order that blocks the termination of Haiti’s TPS designation, and
- Expedited review on the merits of whether the administration may revoke the TPS designation and related protections.
In its filings, the DOJ’s Solicitor General argued that the legal issues presented mirror those in other TPS termination cases (such as for Syria) that have already drawn Supreme Court scrutiny, and that the stay and review are necessary to prevent inconsistent judicial rulings that would undermine executive branch policy decisions.
The Supreme Court has directed the challengers to file a response to the administration’s application by March 16, 2026 at 12 p.m. EDT.
Implications for TPS Beneficiaries and Employers
TPS Remains in Effect: Until the Supreme Court acts on the administration’s application, the lower court’s injunction continues to block the administration’s termination of Haiti’s TPS designation and associated benefits.
Work Authorization: Haitian TPS beneficiaries currently retain employment authorization under their existing TPS status.
I-9 Compliance: Employers should continue to honor existing EADs and not initiate reverification for TPS beneficiaries solely based on the government’s termination notice. The latest guidance from USCIS prior to the March 6th court order stated that the work authorization for Haiti should be noted on Forms I-9 as a March 15, 2026 expiration date. Based on recent actions, that work authorization is now valid beyond March 15, 2026 “per court order”.
Monitoring Required: The situation remains fluid. A Supreme Court stay could change the legal landscape rapidly. Employers and individuals should monitor further court orders and federal guidance closely.
Next Steps
We will continue to track developments in the Supreme Court docket and provide updates as additional filings, orders, or decisions occur, including any directives regarding nationwide injunctions, stays, or expedited briefing schedules.
Please contact your WR attorney with questions about how this impacts specific personnel or compliance obligations.
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