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U.S. Appeals Haiti TPS Ruling to Supreme Court
Key Point
- The Trump administration has asked the U.S. Supreme Court to pause a federal district court ruling that prevents the government from ending Temporary Protected Status for Haiti.
Temporary Protected Status for Haiti
On March 11, 2026, the federal government submitted an emergency application to the U.S. Supreme Court in Trump v. Miot, requesting a stay of a Washington, D.C. district court order that currently bars the termination of Temporary Protected Status (TPS) for Haiti. The application was filed by the U.S. Solicitor General on behalf of the Department of Homeland Security.
What is the Reasoning?
The government argues that the lower court’s injunction improperly restricts its authority to determine TPS designations and seeks immediate relief pending the outcome of the underlying litigation.
What Does This Mean?
- TPS for Haiti remains in place while the injunction is active.
- No immediate changes to work authorization or status for Haitian TPS beneficiaries.
- Employers can continue to follow existing I‑9 and EAD validity guidance until the Supreme Court issues further action.
Timeline of Key Events
- June 27, 2025 — Department of Homeland Security (DHS) announces that Haiti’s TPS designation will end on Sept. 3, 2025, and encourages Haitian nationals to seek other lawful status options.
- Nov. 28, 2025 — DHS moves to end TPS for Haiti. The agency announces termination of Haiti’s TPS designation, triggering immediate legal challenges.
- Late 2025 — A federal district court blocks the termination. The ruling keeps TPS in place and allows litigation to continue.
- March 6, 2026 — The D.C. Circuit denies the government’s stay request. The court refuses to let the termination take effect during the appeal, meaning TPS for Haiti remained active.
- March 2026 — A separate Ninth Circuit decision finds DHS unlawfully ended TPS for Haiti and Venezuela. This ruling reinforces judicial scrutiny of TPS termination actions.
- March 11, 2026 — The administration files an emergency application with the U.S. Supreme Court. The filing asks the Court to pause the lower‑court decision and allow the TPS termination to proceed while litigation continues.
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