Original Date AnnouncedJanuary 18, 2018
DHS Secretary terminates TPS for Haiti, following the agency's previous tentative decision not to extend the country's TPS designation. The Secretary determines that the "extraordinary but temporary" conditions that led to Haiti's TPS designation no longer exist. She delays the effective date of the termination for 18 months, until July 22, 2019, to ensure for an orderly transition.
[ID# 25]2018.01.18 Termination of the Designation of Haiti for Temporary Protected Status
Effective DateJuly 22, 2019
Subsequent Trump-Era and Court Action(s)
September 14, 2020
Ninth Circuit Ramos Decision
On September 14, 2020, the Ninth Circuit overturned the district court injunction which had temporarily blocked the Trump Administration's plans to terminate TPS for several countries, including Haiti. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction currently remains in effect. A motion for rehearing en banc was due 11/30/20. Ramos v. Nielsen (N.D. Cal. Case No. 3:18-cv-01554), (9th Cir. Case No. 18-16981). A preliminary injunction issued by the E.D.N.Y. also blocking the termination of Haitian TPS remains in effect and is pending a decision on appeal at the Second Circuit. Saget v. Trump (E.D.N.Y. Case No. 1:18-cv-01599)(2d Cir. Case No. 19-1685).View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Revoked/ReplacedMay 22, 2021
2021.05.29 Secretary Mayorkas Designates Haiti for Temporary Protected Status for 18 Months
This Biden administration policy reverses the Trump-era policy identified in this entry.
On May 22, 2021, DHS Secretary Mayorkas announced a new 18-month designation of Haiti for TPS.View Document
Biden Administration Action: OtherSeptember 10, 2021
Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
This Biden administration action explains how the agency will comply with injunctions against the Trump-era policy identified in this entry.
On September 10, 2021, DHS announced that while the Ramos injunction remains in effect, beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan will retain their TPS unless it is withdrawn because of individual ineligibility. DHS automatically extended the validity of EADs for TPS beneficiaries affected by the injunction through Dec. 31, 2022.View Document
Biden Administration Action: OtherSeptember 22, 2021
Continuation of Documentation for Beneficiaries of TPS Designations for Haiti
This Biden administration action clarifies its treatment of the Trump-era policy identified in this entry.
On September 22, 2021, DHS clarified that it will not implement or enforce the termination of the 2011 Haiti TPS determination unless and until Saget v. Trump and Ramos v. Nielsen are reversed. Individuals covered under the 2011 Haiti TPS determination should register under the new determination to avoid losing TPS if the court orders are terminated.View Document
Current StatusNot in effectMay 22, 2021
Acted on by Biden AdministrationSeptember 10, 2021
Acted on by Biden AdministrationSeptember 22, 2021
Acted on by Biden Administration