United States: White House Asks Supreme Court to Permit Termination of Haiti TPS
March 11, 2026
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At a glance
- The White House is asking the U.S. Supreme Court to stay a district court order that temporarily prevents the Department of Homeland Security (DHS) from terminating Temporary Protected Status (TPS) for Haiti, after a federal appeals court upheld the district court ruling.
- The government request seeks expedited review. If the Supreme Court agrees to consider the case, a ruling could come quickly.
- While the district court order remains in place, Haiti TPS beneficiaries retain TPS protection and benefits. However, beneficiaries should prepare for possible changes to their status with little or no notice.
The issue
The White House is seeking emergency U.S. Supreme Court review of a district court ruling that preserves Temporary Protected Status (TPS) for Haiti while litigation challenging its termination continues. A decision to stay the district court decision would mean the Department of Homeland Security is permitted to terminate Haiti TPS and related benefits while litigation at the lower court continues. The government is seeking expedited review of its request to stay the district court ruling, so if the Supreme Court agrees to hear the case, a decision could come quickly.
While the district court stay remains in place, Haiti TPS beneficiaries retain their protections and benefits, including TPS-based employment authorization and removal protection. The district court case is Lesly Miot v. Trump, 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. That 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 continued. The Trump Administration appealed the district court decision, and last week the U.S. Court of Appeals for the District of Columbia ruled to uphold the district court decision, pending further judicial review. The appeals case is Lesly Miot v. Trump, 26-5050 (D.C. Circ., appeal filed Feb. 6, 2026).
What’s next
As long as the district court stay remains in place, Haiti TPS and its related protection and benefits are temporarily preserved. However, if the Supreme Court agrees to review the White House’s stay request in an expedited manner, a decision could come quickly, with little or no notice. Though not determinative, it should be noted that in a 2025 TPS case related to Venezuela, the Supreme Court stayed a lower court decision reinstating TPS, and permitted the Trump Administration to terminate the 2023 Venezuela TPS designation during ongoing litigation. The White House is making a similar request regarding TPS for Syria, which is currently pending with the Supreme Court.
Haiti TPS beneficiaries may wish to consult with counsel regarding their individual situations in advance of a possible Supreme Court ruling, if they have not yet done so. E-Verify employers had been advised by the government to use March 15, 2026 as the I-9 work authorization expiration date in the E-Verify system and to keep checking back with the USCIS website for updated information. Employers should ensure that they are re-verifying Forms I-9 according to schedule and staying updated on the status of Haiti TPS.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
