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Original Date Announced
January 18, 2018DHS 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 StatusEffective Date
July 22, 2019Subsequent Trump-Era and Court Action(s)
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October 3, 2018
TPS recipients get a reprieve from federal judge
On Oct. 3, 2018, Judge Edward Chen in the U.S. District Court for the Northern District of California issued a preliminary injunction preventing DHS from implementing TPS terminations for El Salvador, Haiti, Nicaragua, and Sudan while the case is resolved on its merits.
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March 1, 2019
Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador
To comply with a preliminary injunction in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), DHS published a notice that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. DHS also announced an extension of the validity of TPS-related documentation for through January 2, 2020.
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November 1, 2019
Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
To comply with a preliminary injunction in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (and the preliminary injunction in Saget and the order to stay proceedings in Bhattarai), DHS published a notice that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Nicaragua, and Sudan will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. DHS also announced an extension of the validity of TPS-related documentation for through January 4, 2021.
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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).
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
December 9, 2020
Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
DHS announced that beneficiaries under the TPS designation for Haiti will retain their TPS while the preliminary injunctions in Ramos and Saget remain in effect, provided that the TPS is not withdrawn because of individual ineligibility. Although a panel of the U.S. Court of Appeals for the Ninth Circuit vacated the injunction in Ramos on September 14, 2020, the appellate court had not issued its directive to the district court to make that ruling effective and the injunction thus remains in place as of 12/09/20.
The Notice extends the validity of TPS and TPS-related documentation to current TPS holders from El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan through January 4, 2021.
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February 10, 2023
9th Cir. Order dated 2.10.23, Ramos v. Wolf
On February 10, 2023, the Ninth Circuit Court of Appeals granted a petition for rehearing en banc in Ramos v. Mayorkas, which was brought by a group of TPS holders from El Salvador, Haiti, Nicaragua, and Sudan, and their U.S.-citizen children. In the order granting rehearing, the Court vacated a 2020 decision issued by a three-judge panel in the Ninth Circuit, which reversed a district court injunction of the Trump administration's decisions to terminate TPS for individuals from those four countries.
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Biden Administration Action: Revoked/Replaced
August 3, 2021Designation of Haiti for Temporary Protected Status
This Biden administration policy effectively reverses the Trump-era policy identified in this entry.
On May 22, 2021, DHS Secretary Mayorkas announced that a decision to issue a new 18-month designation of Haiti for TPS. USCIS published a Federal Register Notice on August 3, 2021 putting that designation into effect. The Notice directs current TPS holders whose protections remain in effect due to the preliminary injunctions in Ramos and Saget to register as new applicants during the registration period because that will ensure their continued protections even if the injunctions are vacated, but recognizes that protections for such individuals will remain in effect at least as long as the injunctions remain in effect.
View DocumentBiden Administration Action: Delayed
September 10, 2021Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
Due to the preliminary injunctions in Ramos and Saget and the order to stay proceedings in Bhattarai, on September 10, 2021, DHS published a Federal Register Notice once more continuing the validity of documentation for beneficiaries of Temporary Protected Status from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. The extension of validity periods runs until December 31, 2022.
Haitian nationals covered by the TPS designation whose termination was challenged in court may apply for TPS under the new TPS designation issued by the Biden administration for that country in order to retain TPS protections regardless of the outcome of the Ramos lawsuit. Haitian nationals not covered by the designation whose termination was challenged in court are unaffected by this notice and must apply for protections during the registration period under the new designation.
View DocumentBiden Administration Action: Delayed
November 16, 2022Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
On November 16, 2022, DHS published a Federal Register Notice extending the validity period of Temporary Protected Status (TPS) and TPS-related documents for covered individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan until June 30, 2024.
Haitian and Sudanese nationals covered by the TPS designations whose terminations were challenged in court may still apply for TPS under the new TPS designations issued by the Biden administration for those countries in order to retain TPS protections regardless of the outcome of the litigation. Haitian and Sudanese nationals not covered by designations whose terminations have been challenged in court are unaffected by this notice and must apply for protections during the current registration periods under the new designations.
View DocumentBiden Administration Action: Revoked/Replaced
January 26, 2023Extension and Redesignation of Haiti for Temporary Protected Status
DHS announced that Haiti's TPS designation will be extended from February 4, 2023 for 18 months, until August 3, 2024, and laid out procedures for special considerations for Haitian students seeking visas.
View DocumentBiden Administration Action: Other
December 14, 2023Extension of Re-Registration Periods for Extensions of the Temporary Protected Status Designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
The Department of Homeland Security extended the period to re-register for Temporary Protected Status (TPS) from 60 days to the full 18-month length of the Haiti's current TPS designation extension, until August 3, 2024.
View DocumentCurrent Status
Not in effectMost Recent Action
December 14, 2023 Action: Other Extension of Re-Registration Periods for Extensions of the Temporary Protected Status Designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and SudanAugust 3, 2021Acted on by Biden Administration
September 10, 2021Acted on by Biden Administration
November 16, 2022Acted on by Biden Administration
January 26, 2023Acted on by Biden Administration
December 14, 2023Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: Program TerminationSubject Matter: TPSAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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August 25, 2015
On August 25, 2015, the Obama administration extended the TPS designation of Haiti for 18 months, from January 23, 2016 through July 22, 2017. Haiti was initially designated for TPS in January 2010, and re-designated in 2011.
Extension of the Designation of Haiti for Temporary Protected Status
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
Extension of the Designation of Haiti for Temporary Protected Status
- Subsequent Action
- Subsequent Action
- Subsequent Action
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Subsequent Action
Original Source:
Order Granting Plaintiffs’ Motion for Preliminary Injunction
- Subsequent Action
- Subsequent Action
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Other
Original Source:
Order Granting DHS Motion to Voluntarily Dismiss Appeal