The Temporary Protected Status (TPS) designation for Haiti was scheduled to terminate on February 3, 2026, at 11:59 p.m., pursuant to the Department of Homeland Security’s (DHS) Federal Register Notice 90 FR 54733 (Nov. 28, 2025).
However, on February 2, 2026, the U.S. District Court for the District of Columbia issued a significant decision in Fritz Emmanuel Lesly Miot, et al. v. Donald J. Trump, et al., Case No. 25-cv-02471 (D.D.C. Feb. 2, 2026). In that decision, Judge Ana Reyes granted the plaintiffs’ Renewed Motion to Stay, thereby indefinitely postponing the Administration’s termination of Haiti’s TPS designation. While this preliminary relief is in effect, removal protections remain in place for Haiti TPS beneficiaries and existing employment authorization documents remain valid. It is important to note that there is no specific duration for the preliminary relief and it will continue until the litigation is resolved in full or until the government appeals and a higher court stays the Court’s order.
This court order affects approximately 352,959 Haitian nationals who are current TPS beneficiaries.
Current USCIS Status
As of February 4 U.S. Citizenship and Immigration Services (USCIS) has formally acknowledged and provided guidance regarding the court’s order, and notes that it “vehemently disagrees with this order and is working with Department of Justice to determine next steps.”
USCIS guidance extending the validity of existing TPS-based EADs is similar to its recent responses following court orders affecting the TPS designations for Burma and Honduras.
USCIS updated its formal guidance to U.S. employers on its TPS Haiti webpage on February 4th: Temporary Protected Status Designated Country: Haiti | USCIS with the following:
The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017 is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).
This includes employees who presented an EAD with category codes A-12 or C-19 during the Form I-9, Employment Eligibility Verification process.
Recommended Employer Actions
Employers should consider taking the following steps now:
- Identify employees whose work authorization is tied to Haiti TPS;
- Update Forms I-9 on February 4, 2026 noting the automatic extension as announced by USCIS;
- Closely monitor USCIS announcements regarding Haiti TPS and EAD validity extensions; and
- Avoid premature adverse action against employees.
We will continue to monitor developments closely and provide updates as litigation proceeds for TPS Haiti. Please reach out to your WR Immigration attorney with any questions.
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