We apologize for yet another Client Alert, but there is a new update surrounding Haitian TPS workers. Hopefully, this will be the last big immigration news before the Independence Day holiday!
Last week, we sent a Client Alert about the U.S. Department of Homeland Security (DHS) announcing the termination of Temporary Protective Status (TPS) for Haiti, effective September 2, 2025. However, yesterday, a federal judge in New York blocked the Trump administration’s effort to strip TPS protections for Haiti.
What does this mean for employers?
The U.S. District judge’s ruling, for now, reverses the September 2, 2025 termination date to the prior February 3, 2026 expiration date. Therefore, as it currently stands, TPS protections including work authorization of Haitian workers on TPS extends through February 3, 2026. Please note that this ruling has the potential to be overturned as DHS is expected to file an appeal. If the appeal is successful, it would likely mean that DHS’s previous termination of TPS for Haiti on September 2, 2025 could be resumed.
To further complicate matters, we are also not sure how the U.S. District Court in New York’s ruling will play out given the recent U.S. Supreme Court’s decision about the ability of lower Federal Courts to issue injunction orders against the Trump administration’s actions and whether that extends to DHS as well.
What does this mean for TPS Haitian nationals?
This ruling provides some relief for Haitian workers on TPS, because as of now the expiration date for TPS is extended until February 3, 2026. However, this ruling still does not alleviate the uncertainty of their TPS status, given that DHS is expected to appeal the decision of the U.S. District Court and the U.S. Supreme Court has recently sided with the Trump administration to allow it to end the program early for a different nationality.
We understand that the uncertainty of the TPS program for Haiti is very concerning for both workers and employers. We will continue to keep you informed with further developments concerning TPS for Haiti.
Please do not hesitate to reach out with any questions. Wishing you all a wonderful, safe, and relaxing 4th!
Thank you,
Keith and the Pabian Law Team