United States: Federal District Court Postpones Termination of Temporary Protected Status for Haiti
February 3, 2026
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At a glance
- Federal District Judge Ana C. Reyes has postponed the termination of Temporary Protected Status (TPS) for Haiti while litigation concerning the termination continues. Haiti’s TPS designation was set to expire today.
- The judge’s order means that employment authorization and removal protections remain in place for Haiti TPS beneficiaries, and existing employment authorization documents remain valid while the court stay is in place.
- The Trump Administration is expected to appeal the order and may seek emergency relief from the Supreme Court.
The issue
Judge Ana C. Reyes of the Federal District Court for the District of Columbia has stayed the Trump Administration’s termination of Temporary Protected Status (TPS) for Haiti pending judicial review. While the stay is in place, Haiti TPS beneficiaries will retain their protections and benefits, including employment authorization and protection from detention and deportation. The case is Lesly Miot v. Trump, Case No. 1:25-cv-02471 (D.D.C., filed July 30, 2025).
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.
What’s next for Haiti TPS
The Trump Administration is likely to appeal the stay and may seek emergency relief from the Supreme Court, as it did in a separate case pertaining to the termination of TPS for Venezuela. In the earlier case, the Supreme Court stayed a lower court’s decision reinstating TPS and permitted the Trump Administration to terminate the 2023 Venezuela TPS designation during ongoing litigation.
Meanwhile, the Department of Homeland Security is expected to provide information on how it will implement Judge Reyes’s order, including identifying the EADs that are automatically extended by the court order.
Fragomen is closely following the TPS litigation and will provide updates as developments occur.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
