Important Updates
Important Updates
April 28, 2026 | United StatesUnited States: DHS Issues Interim Final Rule Further Implementing H.R. 1 Reconciliation Act of 2025
04/28/2026 | BelgiumEuropean Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium
April 28, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
April 28, 2026 | ThailandThailand: New Work Permit Submission Options for Companies Eligible for the Rapid Process
April 28, 2026 | CanadaThe New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.
April 28, 2026 | United StatesUnited States: DHS Issues Interim Final Rule Further Implementing H.R. 1 Reconciliation Act of 2025
04/28/2026 | BelgiumEuropean Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium
April 28, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
April 28, 2026 | ThailandThailand: New Work Permit Submission Options for Companies Eligible for the Rapid Process
April 28, 2026 | CanadaThe New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.
April 28, 2026 | United StatesUnited States: DHS Issues Interim Final Rule Further Implementing H.R. 1 Reconciliation Act of 2025
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: District Court Rules for Plaintiffs in Haiti and 2023 Venezuela TPS Termination Litigation, But Government Seeks Stay

September 8, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • On September 5, a federal district court in California invalidated Department of Homeland Security (DHS) action with respect to the Temporary Protected Status (TPS) designation for Haiti and the 2023 TPS designation for Venezuela; however, there would appear to be no immediate impact on either designation at this time.
  • Though the order would reinstate the 2023 Venezuela designation, DHS has already filed a request for the district court to stay its September 5 order, which would permit the 2023 TPS Venezuela designation to remain terminated while appeals continue.
  • The Haiti TPS designation remains valid through February 3, 2026, pursuant to court order in a separate lawsuit that blocked government termination action.

The issue

On September 5, a federal district court in California granted summary judgment in favor of Temporary Protected Status (TPS) plaintiffs on several claims challenging Department of Homeland Security (DHS) action against the Haiti and 2023 Venezuela TPS designations; however, there appears to be no immediate practical impact of the ruling yet. In National TPS Alliance et al. v. Noem et al. (N.D. Cal., No. 3:25-cv-01766), the court found that DHS’s partial vacatur of TPS for Haiti, and its vacatur and termination of the 2023 TPS designation for Venezuela, were unlawful under the Administrative Procedure Act (APA). The court’s summary judgment order sets aside these government actions under the APA. However, the Haiti TPS termination had already been blocked by court order in a separate lawsuit, and DHS has already requested a stay of the September 5 National TPS Alliance order with respect to the 2023 Venezuela designation, and the agency will presumably continue to treat the designation as terminated while its request for a stay is being considered.

Impact on the 2023 Venezuela designation

The 2023 Venezuela TPS designation has been deemed terminated as of early April. The September 5 district court order should have the effect of invalidating the DHS vacatur and termination, because the order appears to be outside of the purview of a recent U.S. Supreme Court ruling which permitted the vacatur and termination actions to remain in place, pending certain appeals in the case. However, because effectuating the September 5 district court order would mean that DHS would be required to at least temporarily reinstate the 2023 Venezuela TPS designation, DHS has already filed a request for the district court to stay the order. If the stay is granted, the 2023 designation will remain terminated while appeals in the case move forward.

Impact on the Haiti designation

The September 5 ruling does not have a practical impact for Haitian nationals in TPS status because the termination of Haiti TPS is already blocked by court order in a separate lawsuit. Haiti TPS is currently scheduled to remain in effect through February 3, 2026.

What’s next

In the coming days, the National TPS Alliance district court is expected to rule on DHS’s request for a stay of the September 5 order. If the court approves the stay request, the 2023 TPS Venezuela designation would remain terminated pending further appeals in the litigation. If the court declines to grant a stay, DHS may attempt to seek a stay of the decision from a higher court pending its appeal on the merits of the case, but if no stay is granted, DHS would be expected to provide guidance on how it plans to reinstate the designation, even temporarily. However, either party is likely to appeal a non-favorable decision by the district court to higher courts.

As a reminder, last week, DHS announced that it would not extend the 2021 Venezuela TPS designation scheduled to expire on September 10, but will grant a transition period through November 7, 2025 for these beneficiaries.

Fragomen is monitoring developments in TPS litigation and will issue updates accordingly.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.