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The Temporary Protected Status (TPS) for Haitian nationals is facing its most uncertain moment since the program was created in 1990. In November 2025, the Department of Homeland Security (DHS) issued a determination ending Haiti’s designation effective February 3, 2026. An injunction issued by the U.S. District Court for the District of Columbia on February 2, 2026 suspended the measure, and the case now awaits a ruling from the U.S. Supreme Court. For hundreds of thousands of Haitians protected by the program, the sequence of executive decisions, court actions, and legislative proposals has turned TPS into a legal puzzle that changes practically every week.
This guide consolidates what is in effect as of May 10, 2026, based on official communications from USCIS, E-Verify, and the record in the Miot v. Trump case. The goal is to guide beneficiaries, employers, and attorneys on which documents remain valid, which deadlines must be observed, and what the most likely scenarios are until the court’s final ruling.
What Is TPS
TPS is a humanitarian program created by the Immigration Act of 1990 (Public Law 101-649) and codified in INA section 244 (8 U.S.C. 1254a). It allows the DHS Secretary to designate a foreign country when extraordinary and temporary conditions, such as armed conflict, environmental disasters, or epidemics, prevent its nationals from safely returning home.
TPS holders are not deportable during the designation period, may apply for an Employment Authorization Document (EAD) and, in some cases, international travel authorization. The status does not, on its own, lead to permanent residence or citizenship, but it protects lawful presence for the duration of the designation. Redesignation, in turn, opens a window for new beneficiaries to register for the first time, provided they can demonstrate continuous presence in the United States from the eligibility date set by DHS.
Haiti Timeline
Haiti was first designated on January 21, 2010, weeks after the earthquake that devastated Port-au-Prince. Since then, the designation has been extended and redesignated multiple times due to political instability, public health crises, and gang violence. The key dates in the recent cycle are as follows.
- August 3, 2021: Redesignation announced by then-Secretary Alejandro Mayorkas following the assassination of President Jovenel Moïse.
- December 22, 2022: New extension and redesignation for 18 months, with an eligibility date set at November 6, 2022.
- July 1, 2024: Publication in the Federal Register of an extension and redesignation valid from August 4, 2024, through February 3, 2026.
- February 2025: Secretary Kristi Noem shortened the designation period, moving up EAD expiration to August 3, 2025.
- November 28, 2025: Publication in the Federal Register of the complete termination of the designation, effective February 3, 2026.
- February 2, 2026: The U.S. District Court for the District of Columbia grants an injunction in Miot et al. v. Trump et al. and suspends the termination.
- March 16, 2026: The Supreme Court agrees to review the case on certiorari before judgment, maintaining the injunction while it considers the merits.
- April 16, 2026: The House of Representatives passes a bipartisan bill extending TPS for Haitians, forwarding it to the Senate.
Who Remains Covered
While the federal injunction remains in effect, all previously registered Haitian beneficiaries remain protected, even if their EADs show as expired in USCIS’s database. E-Verify instructs employers to treat as valid documents with expiration dates of February 3, 2026; August 3, 2025; August 3, 2024; June 30, 2024; February 3, 2023; December 31, 2022; and other categories listed in the automatic extension notice.
Haitians who entered the United States after the most recent eligibility date cannot register for the first time under the current designation. The injunction does not open a window for new applicants: it only preserves the status of those already protected. Attempts at irregular entry remain subject to current removal rules, without TPS protection.
EAD and Work Authorization
For Form I-9 purposes, current USCIS guidance instructs that ‘as per court order’ be written in the expiration field in Section 1 and ‘July 1, 2026’ be entered as the expiration date in Section 2, accompanied by a note in the additional information field. This instruction was issued on March 25, 2026 and remains in effect.
Beneficiaries who need to prove employment eligibility must present the combination of an expired EAD, even with an earlier date, and a copy of the Federal Register notice regarding the automatic extension. Employers who reject this documentation while the injunction is in effect may be held liable for discrimination in the hiring process, as warned by the Immigrant and Employee Rights Section (IER) of the Department of Justice.
Scenarios for the Coming Months
The Supreme Court’s decision is expected in May or June 2026, in the same term as the parallel case involving TPS for Syria. Three outcomes are possible. In the first, the Court upholds the injunction and returns the case to the lower court, extending the status quo for months. In the second, it validates the DHS termination, and EADs lose effect immediately, reopening removal risk for beneficiaries. In the third, it rules that the DHS action was flawed in motivation or administrative process, reinstating the prior designation.
In parallel, the bill passed by the House in April awaits a Senate vote. If passed and signed into law, it would create a legislative basis for maintaining TPS regardless of the judicial outcome. The combination of a judicial path and a legislative path is the first coordinated attempt to shield the program in decades, and its result will set the tone for other national designations under review.
What to Do While Waiting
Current beneficiaries should keep both physical and digital copies of all previously issued EADs, Federal Register notices related to the automatic extension, and proof of continuous presence in the United States since the applicable eligibility date. Driver’s license renewals, lease agreements, and bank accounts may require this additional documentation, particularly in states that cross-reference data with E-Verify.
Those with a parallel path to regularization, such as an asylum application, a family-based I-130 petition, an ongoing consular process, or eligibility for employment-based visas, should consider advancing those avenues before the Supreme Court’s ruling. Seeking specialized legal counsel is especially important for cases involving a history of international travel, police contacts, or previously denied applications.
The situation will remain volatile through at least the second half of 2026. Following USCIS and E-Verify communications directly is the safest way to monitor changes, as informal alerts on social media often circulate with partial or outdated information. The decisions of the coming months will determine whether TPS for Haiti remains a pillar of humanitarian protection or joins the list of designations terminated by the current U.S. government.
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
