Pabian Law Clients,
I hope all is well. Some good news came last night for many Haitians in the United States, as well as organizations that employ them.
Background
As background, Temporary Protected Status (TPS) is a humanitarian status that allows foreign nationals from designated countries to live and work legally in the U.S. temporarily due to unsafe conditions like war, natural disasters, or epidemics. One of the largest benefits for TPS recipients is that the status allows them to work for any employer without visa sponsorship through an Employment Authorization Document (EAD).
Haitian nationals have been eligible for TPS since January 2010, when a devastating earthquake struck the island. Last summer, the Trump administration attempted to end TPS for Haitian nationals, but various legal challenges forced the administration to set the final expiration of Haitian TPS status as today, February 3, 2026.
What happened last night?
Last night, on February 2, 2026, a federal court in Washington, D.C. temporarily stopped the U.S. government from ending TPS for Haitian nationals. The court issued an order preventing the termination from taking effect while pending legal challenges continue that question the validity of the administration’s ending of TPS for Haitians.
As a result, Haitian TPS holders may continue to live and work in the United States and remain protected from removal during the litigation. Their work authorization has been extended past its current expiration date of February 3, 2026, though the judge did not provide an exact extension end date for now. In its decision, the court found that the plaintiffs raised serious questions about the legality of the government’s decision to end Haiti’s TPS designation and determined that allowing the termination to proceed could cause significant harm.
This order is temporary and does not resolve the case on the merits. The lawsuit will continue, and the government has indicated they will appeal last night’s ruling.
We will continue to provide updates as new developments arise. Please do not hesitate to contact us with any questions.
Thank you,
Keith and the Pabian Law Team