Employment Law Report
Termination of Haitian Temporary Protected Status Postponed
Written by Glen W. Krebs
On November 28, 2025, the Secretary of Homeland Security announced the termination of Temporary Protected Status (“TPS”) in the Federal Register. The termination was set to take place at 11:59 PM on February 3, 2026. Upon termination any Haitians in the United States would lose work authorization and be required to depart the country or else they would begin accruing unlawful presence. There is no grace period following the termination of Temporary Protected Status.
On Monday, February 2, 2026, U.S. District Judge Ana Reyes in Washington granted a request to pause the termination of Temporary Protected Status for Haitians while a lawsuit challenging its termination proceeds. The pause makes the termination “null, void, and of no legal effect.” Judge Reyes writes: “the Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay.”
This ruling ensures that Haitian TPS holders will not accrue unlawful presence while the court order is in place and their valid period of work authorization is extended during the proceedings.
A similar situation occurred for Venezuelan TPS holders towards the end of 2025. A District Judge paused the termination of Venezuelan TPS; However, the order was eventually reversed by the Supreme Court leading to the termination of Venezuelan TPS.
It is likely that the Department of Homeland Security will appeal the decision to the Supreme Court to obtain a similar result. It is important to stay appraised of legal proceedings regarding Haitian TPS as it is now dependent on judicial action to remain in place.
The termination of Haitian TPS would lead to over 300,000 Haitians in the United States losing protected status and work authorization.
For employers it is crucial to keep records of the Court holdings regarding Temporary Protected Status for Haitians as evidence of their current work authorization and protected status in the United States.
In the case of ICE enforcement at employment sites please refer to our previous article detailing key details: https://wyattfirm.com/immigration-enforcement-in-the-new-administration/
If you have concerns or questions regarding Haitian TPS please do not hesitate to contact our experienced immigration and labor and employment attorneys at Bricker Graydon Wyatt LLP.
