Federal Court Stay of Haiti TPS Termination Remains in Effect; Case Now Before the US Supreme Court

The US Department of Homeland Security’s termination of Haiti’s Temporary Protected Status designation has been stayed by a federal district court, with the TPS protections and work authorization remaining in effect for now. After unsuccessfully seeking relief in the DC Circuit, the government sought emergency relief and expedited merits review by the US Supreme Court; the Court has accepted the case for argument in April 2026. Employers should review I-9 compliance obligations and note that USCIS has updated its guidance as of March 13, 2026.

BACKGROUND

Haiti has held a TPS designation since 2010. On November 28, 2025, DHS published a Federal Register notice terminating Haiti’s TPS designation effective February 3, 2026 (90 Fed. Reg. 54,733). Approximately 352,000 Haitian nationals held TPS at the time of the termination announcement.

District Court Order

On February 2, 2026—one day before the scheduled termination—US District Judge Ana Reyes (D.D.C.) issued an order staying the termination, finding that it was “substantially likely” that the decision violated both the Administrative Procedure Act and the equal protection clause.

The court also found that DHS had failed to consult with other federal agencies as required by law prior to issuing the termination notice. (Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).) Haiti TPS protections and work authorization have remained in effect since that order.

DC Circuit

On February 6, 2026, the government appealed and sought an emergency stay from the US Court of Appeals for the DC Circuit. On March 6, a divided panel of the DC Circuit denied the government’s motion, leaving the district court’s order in place.

Critical Development — US Supreme Court

On March 11, 2026, the Solicitor General filed an emergency application with the US Supreme Court in Lesly Miot et al. v. Trump et al., seeking both an immediate stay of the district court’s order and expedited review on the merits. On March 16, the Supreme Court granted certiorari before judgment, agreeing to hear the case on an expedited basis alongside the parallel Syria TPS case. Oral arguments are scheduled for the second week of April.

The Court agreed to hear the case on an expedited basis without disturbing the district court’s stay in the interim. A decision is expected in May or June 2026. The outcome could affect not only Haiti TPS but also the legal framework governing TPS terminations more broadly.

I-9/EAD Guidance for Employers (Haiti)

USCIS issued updated guidance on March 13, 2026, superseding prior guidance issued on February 14, 2026. Employers who completed I-9s under the earlier guidance should update their records to reflect the current instructions.

Per the March 13 USCIS guidance:

• EADs under the Haiti TPS designation with the following original expiration dates remain valid per court order: February 3, 2026; August 3, 2025; August 3, 2024; June 30, 2024; February 3, 2023; December 31, 2022; October 4, 2021; January 4, 2021; January 2, 2020; July 22, 2019; January 22, 2018; and July 22, 2017.
• EADs extended under this guidance carry category codes A-12 or C-19.
• Form I-9 Section 1: Employee should enter “as per court order” in the Expiration Date field.
• Form I-9 Section 2: Employer should enter “March 27, 2026” and add a note referencing the court order in the Additional Information box.
• E-Verify: Enter expiration date of “March 27, 2026.”
• Employers may attach the USCIS TPS Haiti webpage and alert to the I-9 as supporting documentation.
• Employers who previously entered “March 15, 2026” per the February 14 guidance should update their I-9 records and E-Verify cases to reflect the current March 27, 2026 date.
• Check the USCIS TPS Haiti page regularly, as guidance and extension dates are subject to further change as litigation proceeds.

KEY TAKEAWAYS FOR EMPLOYERS

Employers with Haitian TPS beneficiaries should take the following actions:

• Continue to accept valid EADs with category codes A-12 or C-19, including those with earlier printed expiration dates, using the March 13 I-9 instructions above;
• Update any I-9 records that reflect the prior guidance’s date of March 15, 2026 to the current March 27, 2026 date;
• Refrain from taking any adverse employment action based solely on uncertainty regarding TPS status—doing so could trigger discrimination liability;
• Set calendar alerts for March 27, 2026 to check for updated USCIS guidance, as that date may be further extended depending on litigation developments;
• Be prepared to act quickly if the Supreme Court issues a ruling that allows the termination to proceed; given the April argument schedule, a decision could come as early as May 2026; and
• Consult immigration counsel before reverifying or otherwise altering I-9 records for affected employees.

LOOKING AHEAD

The Haiti TPS litigation is among the most advanced TPS disputes currently before the courts. Now that the Supreme Court has granted certiorari before judgment and set the case for expedited argument alongside the Syria TPS matter, leaving the district court’s stay in place for now, employers should keep a close eye on this litigation. Given the expedited schedule, a decision could follow in June 2026. The Court’s ruling may have implications beyond Haiti, including on the scope of judicial review over TPS termination decisions.

We will continue to monitor this matter and issue updates as significant developments arise.