Important Update (July 2, 2025): A District Judge for the U.S. District Court for the Eastern District of New York has granted a request to set aside the Secretary of DHS’ decision to terminate TPS for Haiti as of September 2, 2025. As a result, the previous extension date of February 3, 2026, for Haiti’s TPS designation is restored, pending further litigation.
The Issue – Background on DHS’ Decision to Terminate Haiti’s TPS Designation
The Secretary of the Department of Homeland Security (DHS) published a formal notice on July 1, 2025, ending TPS designation for Haitian nationals, effective September 2, 2025. Prior to the recent court’s order, Haitian nationals currently in the United States who were granted TPS were to lose their employment authorization and ability to remain in the U.S. after that date.
Despite the Secretary’s recognition that Haiti remains without a functional government authority and that gang violence is widespread, Secretary Noem determined that continuing TPS protection for Haitian nationals in the U.S. is no longer in the national interest. It is estimated that there are almost 350,000 Haitians with TPS in the United States.
A Deeper Dive
In July 2024, DHS issued a notice extending TPS for Haiti for an 18-month period, until February 3, 2026. Shortly after taking office, Secretary Noem of DHS announced in February 2025 that she had reduced the previously approved designation period from 18 months to 12 months and that TPS for Haiti would end on August 3, 2025.
However, the July 1, 2025, notice terminating TPS for Haiti provided a 60-day effective date which means that the Haiti TPS designation would have expired on September 2, 2025, but for the court’s order.
As a result of the court’s decision to set aside the early termination of Haiti TPS, Haitian nationals granted TPS and who have obtained employment authorization in either the a12 or c19 categories will continue to have employment authorization until February 3, 2026.
What this Means for Employers and Employees
While the five-month reprieve is beneficial for planning purposes, employers that have Haitian nationals with TPS should begin planning now for their potential departure from the workforce as it is unlikely that TPS for Haiti will be extended further.
Some Haitians granted TPS may have obtained employment authorization separately, such as by applying for asylum in the U.S. or sponsorship by a U.S. citizen or permanent resident.
For purposes of Form I-9 compliance, Haitian nationals with TPS who have employment authorization in the a12 or c19 categories should be given the opportunity to reverify their employment authorization prior to the expiration of their current work authorization on February 2, 2026.
Employers wishing to discuss immigration sponsorship options for their Haitian employees granted TPS, such as lawful permanent residence or nonimmigrant visas providing employment authorization, should contact their Meltzer Hellrung attorney.
