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 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

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

Note: This order was issued on July 1, not July 2, but it is marked here as "July 2" so that it appears after the July 1 termination decision by Secretary Noem.

Federal district judge Brian Cogan granted Plaintiffs' motion for partial summary judgment in Haitian Evangelical Clergy Association v. Trump, finding that Secretary Noem was not authorized to “reconsider Haiti’s TPS designation in a way that takes effect before February 3, 2026”. Thus, the Court concluded, “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation” and “her partial vacatur must be set aside as unlawful under the APA.”

Further, because of the harm Plaintiffs would face if the partial vacatur were to take effect on September 2, 2025, the court postponed the partial vacatur’s effective date "until the conclusion of this case" under APA § 705.

Judge Cogan did not resolve Plaintiffs' claims that the partial vacatur was arbitrary and capricious and violated due process and the Equal Protection Clause; he ordered Plaintiffs to show cause why their remaining claims were not moot in light of this order.

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

2025.07.28 Memo Decision on Motion to Amend Judgment - Haitian Evangelical Clergy v. Trump

Judge Brian Cogan denied plaintiffs' motion to amend the court's judgment setting aside Secretary Noem's partial vacatur. Judge Cogan noted that while the government failed to update its website for more than two weeks to reflect the court's order that preserving the Haiti TPS designation--and work authorization granted to Haitian TPS holders--through February 3, 2026, it had now done so. While the government had not issued a Federal Register notice retracting the partial vacatur, Judge Cogan held that "the Government's assurances to the public and this Court made on the public record in this case and on its website acknowledging that Haiti is designated for TPS through February 3, 2026 are sufficient to let employers to know that Haitian TPS holders may legally work through February 3, 2026." 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

2025.07.30 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.

Subsequent Trump and Court Action

2025.09.05 Order Granting Partial Summary Judgment - National TPS Alliance v. Noem

Judge Edward Chen granted the plaintiff's partial summary judgment motion in National TPS Alliance v. Noem to set aside the partial vacatur of the Haiti TPS extension (and the extension vacatur and termination of the 2023 Venezuelan TPS designation) and enters final judgment on those APA claims. National TPS Alliance v. Noem, No. 25-cv-01766 (N.D. Cal.).

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

Subsequent Trump and Court Action

2025.11.28 USCIS - Termination of the Designation of Haiti for TPS

DHS Secretary Kristi Noem issued a new termination of the TPS designation for Haiti, which will take effect on February 3, 2026. The termination notice begins by noting that because of "interference by a federal district court judge" — i.e. Judge Brian Cogan's stay of agency action in Haitian Evangelical Clergy Association v. Trump — TPS status for Haiti cannot terminate prior to February 3, 2026. The termination notice cites Secretary Noem's determination that "there are no extraordinary and temporary conditions in Haiti that prevent Haitian nationals (or aliens having no nationality who last habitually resided in Haiti) from returning in safety," despite acknowledging that "[c]ertain conditions in Haiti remain concerning."

The notice asserts that "it is contrary to the national interest of the United States to permit Haitian nationals (or aliens having no nationality who last habitually resided in Haiti) to remain temporarily in the United States." The notice also cites multiple executive orders as "bearing upon the national interest," including Proclamation 10888, Executive Order [EO] 14161, EO 14159, and EO 14150, largely citing concerns about the volume of TPS beneficiaries, designation of Haitian gangs as foreign terrorist organizations, and a single ICE arrest of a Haitian national as "underscor[ing] the broader risk posed by rising Haitian migration."

The notice also automatically extends all Haitian TPS Employment Authorization Documents (EADs) through February 3, 2026.