United States: Appeals Court Retains Haiti TPS Termination Postponement

On March 6, 2026, the U.S. Court of Appeals for the District of Columbia upheld a lower court’s February 2 ruling, which stayed the Trump Administration’s termination of Temporary Protected Status (TPS) for Haiti pending judicial review. While the stay continues to remain in place, Haiti TPS beneficiaries will retain their protections and benefits, including employment authorization and protection from detention and deportation. The appeals case is Lesly Miot v. Trump, 26-5050 (D.C. Circ., appeal filed Feb. 6, 2026).

Background

On November 28, 2025, Homeland Security Secretary Kristi Noem announced she was terminating the TPS designation for Haiti, which had most recently been extended in June 2024 for an 18-month period, from August 4, 2024 through February 3, 2026. Earlier in 2025, she had attempted to shorten Haiti’s TPS designation from 18 months to 12 months. The decision to curtail Haiti TPS was subsequently vacated by a federal district court in July, effectively reinstating the February 3, 2026 expiration date. However, on February 2, 2026, a federal district court postponed the DHS termination while litigation challenging the termination continues. The Trump Administration appealed the district court decision, and last week the appeals court ruled to uphold the decision, pending further judicial review.

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