United States: DHS Announces Termination of Temporary Protected Status for Haiti
November 26, 2025
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At a glance
- Secretary of Homeland Security Kristi Noem will not extend the Temporary Protected Status (TPS) designation for Haiti, which expires on February 3, 2026.
- Beneficiaries with certain previously issued EADs will continue to be work authorized until the February 3, 2026 expiration date.
A closer look
The Department of Homeland Security (DHS) is not extending the Temporary Protected Status (TPS) designation for Haiti, which will expire on February 3, 2026, according to a Federal Register notice scheduled to be published on November 28. Haiti TPS beneficiaries will remain work-authorized until the February 3, 2026 expiration date.
According to the Federal Register notice, Secretary of Homeland Security Kristi Noem has determined that the conditions for a TPS designation no longer exist for Haiti and that extending TPS for Haiti would be contrary to U.S. national interests.
Background
Haiti was initially designated for TPS in 2010, and the designation was most recently extended in June 2024 for an 18-month period, from August 4, 2024 through February 3, 2026. Earlier this year, Secretary Noem sought to shorten that designation from 18 months to 12 months, with TPS for Haiti set to expire on August 3, 2025, and in June, DHS announced that it would not extend TPS for Haiti beyond that date, but TPS beneficiaries were to be granted a 60-day transition period, through September 2, 2025. However, DHS’s decision to curtail Haiti TPS was subsequently vacated by a federal district court in July, effectively reinstating the February 3, 2026 expiration date. Secretary Noem has now decided not to extend Haiti TPS beyond February 3, 2026, though additional legal challenges are possible.
Automatic extension of employment authorization through February 3, 2026
DHS recognizes that TPS beneficiaries under the Haiti designation continue to be employment-authorized for the remaining period of the TPS designation. Accordingly, through the Federal Register notice, DHS automatically extends the validity of certain EADs previously issued under the designation, through February 3, 2026.
As proof of continued employment authorization through February 3, 2026, Haiti TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under “Category” and a “Card Expires” date of either: July 22, 2017, January 22, 2018, July 22, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, February 3, 2023, June 30, 2024, August 3, 2024, August 3, 2025, or February 3, 2026.
Employers will need to reverify the employment eligibility of impacted employees who presented Haiti TPS EADs as proof of work authorization, and update their records to indicate the new February 3, 2026 expiration date.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
