A federal judge this week blocked the Trump administration from ending Temporary Protected Status (TPS) visas for Haitians before their expiration date. As of now, the Department of Homeland Security (DHS) may officially end work authorization for all Haitian TPS recipients on February 3, 2026.
Status of Haiti’s TPS Designation
In June 2024, the Biden administration extended TPS protections for Haitians for 18 months, from August 2024 through February 2026. The Trump administration, in February 2025, changed the 18-month extension to a 12-month extension, meaning TPS status would have ended on August 3, 2025. DHS reaffirmed this decision last week in a press release, while also encouraging Haiti TPS holders to seek alternative U.S. immigration status.
Subsequently, nine Haitian TPS holders, an association of churches, and a chapter of the Service Employees International Union (SEIU) filed a lawsuit in March 2025, alleging that DHS did not have the authority to end the Haiti TPS program early.
U.S. District Judge Brian Cogan of Brooklyn ruled this week in favor of the plaintiffs against the DHS, ordering the agency to continue the program. “Secretary [Kristi] Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation,” thus moving the expiration date from February 2026 to August 2025 is unlawful. “Plaintiffs are likely to (and, indeed, do) succeed on the merits.”
DHS spokesperson Tricia McLaughlin said, “This ruling delays justice and seeks to kneecap the President’s constitutionally vested powers. We expect a higher court to vindicate us.”
More information from the U.S. Citizenship and Immigration Services (USCIS) can be found here.
What is TPS?
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
- Are not removable from the United States
- Can obtain an employment authorization document (EAD)
- May be granted travel authorization
Current TPS Countries
The U.S. continues to provide TPS protection to some individuals from the following countries: Cameroon, El Salvador, Ethiopia, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, and Yemen.
