Original Date Announced

DHS Secretary Kristi Noem partially vacated the June 4, 2024, decision of former Secretary Mayorkas to extend the TPS designation for Haiti to the statutory maximum of 18 months (until February 3, 2026) and to redesignate TPS for Haiti for 18 months. The extension and redesignation were published in the Federal Register on July 1, 2024. The partial vacatur reduces the designation period from 18 months to 12 months and changes the registration deadline for new applicants under the new designation.

As a result, the Haiti TPS extension and new designation will expire on August 3, 2025, instead of February 3, 2026, and the first-time registration period will remain open until August 3, 2025, instead of February 3, 2026.

Trump 2.0 [ID #1558]

Subsequent Trump and Court Action

2025.02.24 USCIS Guidance on Haiti TPS EADs

In light of DHS’s partial vacatur of Haiti's TPS designation, USCIS issued an alert clarifying that Employment Authorization Documents (EADs) with category A12 or C19 and an expiration date of February 3, 2026 now expire on August 3, 2025. USCIS will not recall or provide updated documents for previously issued EADS with a February 3, 2026 expiration date.

Subsequent Trump and Court Action

2025.02.24 E-Verify Update on Haiti TPS EADs

In light of the partial vacatur of Haiti's TPS designation, DHS's E-Verify website issued an update about TPS holders from Haiti. The guidance states that employers must correct previously completed I-9 forms for employees who originally presented category A12 or C19 EADs set to expire on February 3, 2026, and amend their expiration date to August 3, 2025. Employers are also required to re-verify such employees before they start work on August 4, 2025.

Subsequent Trump and Court Action

2025.03.03 Complaint - Haitian-Americans United v. Trump

Lawyers for Civil Rights filed a lawsuit on behalf of immigration-advocacy organizations and individuals to challenge DHS's vacatur of its extension of the 2023 designation of TPS for Venezuelans, and the termination of that designation as well as reduced duration of Haitian TPS. The lawsuit alleges violations of federal law, including the Constitution. Haitian-Americans United v. Trump, No. 1:25-cv-10498 (D. Mass).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.03.14 Complaint - Haitian Evangelical Clergy Association v. Trump

The Haitian Evangelical Clergy Association, SEIU Local 32BJ, and nine individual Haitian nationals and TPS holders filed a lawsuit challenging the "premature termination" of Haiti's TPS designation as ultra vires, arbitrary and capricious under the Administrative Procedure Act (APA), and, because the decision "was motivated by President Trump's discriminatory animus against nonwhite immigrants," in violation of the TPS holders' due process and equal protection rights. Haitian Evangelical Clergy Association v. Trump, 1:25-cv-01464 (E.D.N.Y).

*Link to case here. See litigation note above*

Subsequent Trump and Court Action

2025.07.01 Stay of Agency Action and Partial Summary Judgment for Plaintiffs - Haitian Evangelical Clergy Association v. Trump

Federal district judge Brian Cogan granted plaintiffs' motion for partial summary judgment in Haitian Evangelical Clergy Association v. Trump, finding that Secretary Noem lacked statutory or inherent authority to issue a "partial vacatur" of Haiti's TPS designation. The court also postponed the partial vacatur's effective date "until the conclusion of this case" under APA § 705 to evaluate Plaintiffs' claims that the partial vacatur was arbitrary and capricious, violated due process, and violated Equal Protection.

Judge Cogan ordered Plaintiffs to show cause why their remaining claims were not moot in light of his order. Haitian Evangelical Clergy Association v. Trump, 1:25-cv-01464 (E.D.N.Y).

*see litigation note above*

Subsequent Trump and Court Action

2025.07.01 USCIS - Termination of the Designation of Haiti for TPS

DHS Secretary Noem terminates the TPS designation for Haiti after determining that termination "is required because it is contrary to the national interest to permit Haitian nationals (or aliens having no nationality who last habitually resided in Haiti) to remain temporarily in the United States." The termination notice cited EO 14161: "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats", EO 14159: "Protecting the American People Against Invasion", and POTUS Proclamation 10888: "Guaranteeing the States Protection Against Invasion" as "bearing upon the national interest in [President Trump's] immigration and border-related executive orders and proclamations." According to the Federal Register notice, Secretary Noem found that "[t]he inability of the previous administration to reliably screen aliens from a country with limited law enforcement infrastructure and widespread gang activity presents a clear and growing threat to U.S. public safety."

The TPS designation for Haiti terminates on September 2, 2025.

Subsequent Trump and Court Action

2025.07.30 Complaint - Miot v. Trump

Individual Haitians, on behalf of a class of all Haitians holding TPS, filed suit in D.C. federal district court, alleging that Secretary Noem unlawfully terminated TPS status for Haitians despite unsafe conditions in Haiti. The complaint alleges that the termination was unlawful because it was in part due to "President Trump's racial, ethnic, and national-origin animus towards Haitians specifically and nonwhite immigrants generally." It also alleges that the termination was based on Secretary Noem's prior unlawful "partial vacatur" and fails to contain a determination that Haitians can return safely.

Plaintiffs argue violations of the Immigration Act of 1990 and its provisions regarding TPS, 8 U.S.C. § 1254a, and the Administrative Procedure Act. Lesly Miot v. Trump, 1:25-cv-02471 (D.D.C.).

**Link to case here. See litigation note above.