Business Immigration Insights

The U.S. District Court for the District of Columbia granted a stay that allows Haitians with TPS to maintain their status and work authorization during further judicial review.  The program, which was scheduled to end on February 3, 2026, was not renewed by DHS because it was “contrary to the national interest of Haitan nationals to remain temporarily in the United States” despite the State Department’s Level 4 travel advisory for US citizens to avoid travel to Haiti due to risk of “kidnapping, crime, terrorist activity, civil unrest, and limited healthcare”.

In her decision, Judge Reyes concluded that DHS “preordained” the decision to terminate “because of hostility to nonwhite immigrants” rather than review the country conditions to determine if it was safe for them to return to Haiti.  DHS indicates it will appeal to the Supreme Court.  USCIS updated its TPS page stating that, per court order:

• Haitian TPS remains in effect
• Corresponding employment authorization documents (EADs) are extended (so that they can continue working lawfully)

Until further guidance is provided by USCIS, employers can attach copies of the USCIS TPS page and/or the court decision to the relevant I-9 forms as proof of continuing work authorization.  The TPS page can be found here; the full court decision can be found here. Haitians with TPS should carry their expired EADs and copies of these documents in case law enforcement asks them for proof of status.

Our previous discussions about TPS can be found in our January 20, 2026 update.