• Insights

United States: White House Asks Supreme Court to Permit Termination of Haiti TPS

March 11, 2026 | Updated March 16, 2026

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

  • 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 have been advised by the government to use March 27, 2026 (instead of the previous date of 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.

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

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more
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 InsightsView 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
  • 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
Important Updates
Important Updates
November 6, 2026 | Saudi ArabiaSaudi Arabia: Temporary Regularization Initiative for Certain Yemeni Nationals
November 6, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 6, 2026 | CanadaCanada: Longer Employment Duration and Expanded Access Under Temporary Foreign Worker Program Low-Wage Stream
November 6, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 6, 2026 | Saudi ArabiaSaudi Arabia: Pre-Travel Registration Now Possible for Land Border Arrivals, with Process to Become Mandatory in 2027
November 6, 2026 | Saudi ArabiaSaudi Arabia: Temporary Regularization Initiative for Certain Yemeni Nationals
November 6, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 6, 2026 | CanadaCanada: Longer Employment Duration and Expanded Access Under Temporary Foreign Worker Program Low-Wage Stream
November 6, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 6, 2026 | Saudi ArabiaSaudi Arabia: Pre-Travel Registration Now Possible for Land Border Arrivals, with Process to Become Mandatory in 2027
November 6, 2026 | Saudi ArabiaSaudi Arabia: Temporary Regularization Initiative for Certain Yemeni Nationals
Subscribe

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.