Original Date Announced

Secretary of Homeland Security (DHS) Kristi Noem partially vacated the June 4, 2024, decision of former DHS 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 of this action, 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 regarding employees with TPS from Haiti. The guidance states that employers must correct previously completed Forms I-9 for employees who originally presented category A12 or C19 EADs which were 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 the vacatur of the extension of the 2023 designation of TPS for Venezuelans and the termination of that designation as well as the reduction of duration of Haitian TPS. The lawsuit alleges that the rollbacks are unconstitutional and violate federal law. 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 beneficiaries of TPS filed a lawsuit challenging the "premature termination" of Haiti's TPS designation as ultra vires, arbitrary and capricious under the 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 USCIS - Termination of the Designation of Haiti for TPS

DHS Secretary Noem announced the termination of the TPS designation for Haiti after determining that "termination of TPS for Haiti 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 will terminate on September 2, 2025.

Subsequent Trump and Court Action

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

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, holding that the vacatur must be set aside. Judge Cogan also postponed the effective date of the purported partial vacatur "until the conclusion of this case" under APA § 705 with regard to the plaintiffs' claims that the partial vacatur was arbitrary and capricious, violated due process, and violated the equal protection clause.

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

*see litigation note above*