D.C. Circuit Blocks Haiti TPS Termination Stay Request

Key Point  

• The D.C. Circuit denied the government’s request to let the termination of Haiti’s TPS designation take effect during the appeal, keeping TPS protections in place for now. 

Hitai Temporary Protected Status  

The U.S. Court of Appeals for the D.C. Circuit has denied the federal government’s emergency request to allow the termination of Haiti’s Temporary Protected Status (TPS) designation to move forward while litigation continues.  

The ruling keeps TPS for Haiti in place for now as the underlying case proceeds. 

What Happened 

• Haitian TPS holders sued after DHS announced on November 28, 2025, that it was terminating Haiti’s TPS designation. 
• A federal district court postponed the termination, finding the decision arbitrary and capricious, inconsistent with the TPS statute, and potentially in violation of equal protection. 
• The government appealed and sought an emergency stay to implement the termination immediately. 
• On March 6, 2026, the D.C. Circuit denied the stay, concluding the government had not shown irreparable harm. 
• The court noted the government “failed to name a single concrete harm from maintaining the status quo” during the appeal.

Why the Court Denied the Stay

• No Irreparable Harm: The court found the government’s claims of executive intrusion too general and insufficient to justify emergency relief.
• Not Comparable to Prior TPS Stays: Unlike the Venezuela cases, there are no ongoing diplomatic negotiations with Haiti, and the government previously allowed Haiti’s TPS designation to remain in place for months without seeking urgent relief.
• Significant Harm to TPS Holders:  Ending TPS during the appeal would risk detention or deportation, loss of work authorization, family separation and exposure to unsafe conditions in Haiti — consequences the district court described as “devastating.”

What’s Next 

The case will proceed on the merits before the D.C. Circuit. The government may ultimately seek further review, including at the Supreme Court, but for now, the status quo remains in place. 

Envoy Global will continue monitoring this litigation and provide updates as new information becomes available. 

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