Federal Court Blocks Termination of Haiti TPS

Key Point  

• A federal court has stopped the Department of Homeland Security from terminating Temporary Protected Status for Haiti, ruling that the decision was likely unlawful.  
• Haiti’s TPS designation remains active while the case continues. 

Temporary Protection Status for Haiti  

On February 2, 2026, the U.S. District Court for the District of Columbia issued a decision in Lesly Miot v. Trump (Case No. 25‑cv‑02471) granting a stay under 5 U.S.C. § 705. The ruling prevents the Department of Homeland Security from implementing its planned termination of Haiti’s Temporary Protected Status (TPS) designation on February 3, 2026. 

The court found that it has jurisdiction to review the termination and that the plaintiffs—five Haitian TPS holders—are likely to succeed on their claims under the Administrative Procedure Act and the Fifth Amendment.

Impact for Employers and TPS Holders 

• Haiti’s TPS designation remains active
• TPS holders may continue to live and work in the U.S.
• DHS may not implement the termination while the case proceeds
• Additional court action will determine whether the termination is permanently set aside

Why the Court Blocked the Termination

1. Evidence of a Pre‑Determined Outcome

2. Failure to Follow Required Procedures

The TPS statute requires consultation with appropriate federal agencies before a termination decision. The court found that DHS conducted no consultations, in violation of the statute.

3. Record Evidence Contrary to DHS’s Findings

The administrative record described Haiti as facing a “perfect storm of suffering” and a “staggering humanitarian toll,” contradicting DHS’s conclusion that conditions had improved.

4. State Department Travel Advisory

The State Department continues to warn U.S. citizens: “Do not travel to Haiti for any reason.” The court viewed this as strong evidence that TPS holders could not safely return.

5. Significant Risk of Irreparable Harm

The court found that TPS holders would face immediate danger if returned and rejected DHS’s argument that harm was speculative.

6. Public Interest and Economic Impact

Ending TPS would:

• Turn 352,959 lawful TPS holders into undocumented individuals
• Remove workers contributing over $5.2 billion in taxes annually
• Increase strain on healthcare systems by shifting insured workers into uninsured status

The court concluded these outcomes were not in the public interest.

Background

According to USCIS, DHS previously issued a Federal Register notice terminating Haiti’s TPS designation effective February 3, 2026, but the federal court’s ruling now prevents DHS from implementing that termination while litigation continues.

USCIS also notes that Haiti TPS‑related EADs remain valid through February 3, 2026, under the prior notice, and the court’s decision means these documents continue to be recognized while the case proceeds.

Don’t Miss an Update

At Envoy Global, we combine smart, friendly legal teams with smart, friendly technology to facilitate immigration for companies and the global talent they depend on. Our holistic, proactive immigration services are built for accuracy and efficiency, always putting people first.

Reach out today to learn how we can support your company’s immigration needs.