On Friday, June 27, 2025, the Department of Homeland Security (“DHS”) Secretary Kristi Noem announced the termination of Temporary Protected Status (TPS) for Haiti. The TPS designation for the country expires on August 3, 2025, and the termination will be effective September 2, 2025.[1]
In the announcement, DHS encouraged those impacted by the termination to arrange to return to Haiti via the CBP Home App and to pursue lawful status through other immigration benefit requests, if eligible.
DHS announced the termination is scheduled to be published in a Federal Register Notice (“FRN”) on July 1, 2025.[2] DHS Secretary Noem “has determined in her discretion that a 60-day transition period is sufficient….” Accordingly, Secretary Noem announced that the termination date for Haiti’s TPS designation is September 2, 2025. While the notice states 60 days from the date of publication, that period will be extended to the first business day following Labor Day weekend. The Notice (emphasis added) states:
DHS recognizes that Haiti TPS beneficiaries continue to be employment authorized during the 60-day transition period. Accordingly, through this FRN, DHS automatically extends the validity of certain EADs previously issued under the TPS designation of Haiti through [SEPTEMBER 2, 2025]. Therefore, as proof of continued employment authorization through [SEPTEMBER 2, 2025], TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017.
Update:
On Tuesday, July 1, 2025, the U.S. District Court for the Eastern District of New York ruled in Haitian Evangelical Clergy Association v. United States, No. 25-cv-1464, that DHS Secretary Noem exceeded her statutory authority when she attempted to shorten Haiti’s TPS designation to August 3, 2025, through a “partial vacatur” of DHS’ prior July 2024 extension.[3]
The Court made a point to state that it was not issuing an injunction but rather setting aside the unlawful agency action under the APA (5 U.S.C. § 706(2)) and postponing the partial vacatur of the Temporary Protected Status program for Haiti (pursuant to 5 U.S.C. §705), relief that remains available even after Trump vs. CASA. As a result, the court restored Haiti’s TPS designation through February 3, 2026, and cast doubt on the validity of the July 1, 2025, termination notice - indicating that TPS for Haiti ends September 2, 2025, which was premised on the August 3 expiration date, which the Court has invalidated. It is expected that the government will appeal the Court’s decision. Thus, U.S. Employers must continue to monitor the situation.
How does the termination of Haiti’s TPS designation impact work authorization?
At this time, U.S. Employers should continue to plan to reverify Employees with work authorization related to the TPS Program for Haiti in accordance with the termination date of September 2, 2025, while waiting for the DHS (and specifically, the U.S. Citizenship and Immigration Services) to issue guidance to U.S. Employers following the U.S. District Court’s Order on July 1, 2025.
Haiti TPS beneficiaries who have received an EAD bearing category code A12 or C19 with one of the following expiration dates: February 3, 2026[4], August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017, are only authorized to work until September 2, 2025, pending further Court action, which as noted above, may restore the February 3, 2026 expiration date.
At this time, U.S. Employers should continue to monitor the U.S. Citizenship and Immigration Services[5] and E-Verify for further announcements, and plan and prepare for the reverification of impacted Employees’ work authorization, through the proper completion of the Form I-9, Reverification process.
Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
[1] On February 24, 2025, the Department of Homeland Security (DHS) published a notice [90 FR 10511, 2/24/2025] in the Federal Register partially vacating the July 1, 2024 extension and redesignation of Haiti for Temporary Protected Status (TPS). DHS’ partial vacatur shortened Haiti’s TPS designation and extension period expiration from February 3, 2026 to August 3, 2025.
[2] [2] The Federal Register Notice was published on July 1, 2025. See 90 FR 28760.
[3] The Court held that the TPS statute at 8 U.S.C. § 1254a(b)(3) sets forth a specific and exclusive mechanism for review and termination of Temporary Protected Status for a designated Country, which DHS Secretary Noem failed to follow. Importantly, the court rejected the government’s argument that the action was unreviewable and distinguished the United States Supreme Court’s recent decision in Trump vs. CASA, which limits the availability of nationwide injunctions.
[4] Employers should be aware that U. S. Citizenship and Immigration Services (USCIS) will not issue new EADs bearing the August 3, 2025, expiration date.
[5] Employers should continue to monitor the USCIS website: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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