Court Blocks Termination of Temporary Protected Status for Haiti

Impacted Employers: All employers who employ impacted Temporary Protected Status beneficiaries.

Effective Dates: Immediate  

Summary:  A federal district court has blocked the Department of Homeland Security’s (DHS) decision to terminate Temporary Protected Status (TPS) for Haiti pending further court action. TPS for Haiti would have expired effective Feb.  3, 2026.  DHS has provided  guidance on how to update Form I-9 in light of the court’s decision.

Next Steps:
While the block is in place, Haiti TPS beneficiaries remain in employment authorized status.   

The DHS guidance to update Form I-9 based on the court’s decision is as follows:

·       The following employment authorization documents (EADs) issued under Haiti TPS retain their validity and are granted automatic extension per the court’s order:

o   Original expiration dates: Feb. 3, 2026; Aug. 3, 2025; Aug. 3, 2024; June 30, 2024; Feb. 3, 2023; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; July 22, 2017.

·       When completing the employee entered expiration date field in Section 1, DHS instructs employees to input “as per court order.”

• When completing Section 2, DHS instructs employers to enter an expiration date of March 15, 2026, and to include “a note” in the additional information box. 
  

• For E-Verify cases, USCIS instructs employers to use the same March 15, 2026 date.
  
  
• DHS also indicates that  employers may download and retain both the alert and the TPS Haiti webpage with the Form I‑9 file.