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On Aug. 5, 2026, the U.S. District Court for the District of Columbia confirmed that its prior order staying the termination of Haiti’s Temporary Protected Status (TPS) designation is no longer in effect following action by the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit. As a result, the court-ordered injunction that had temporarily prevented the Department of Homeland Security (DHS) from implementing its termination of Haiti TPS has been lifted. TPS beneficiaries can no longer rely on the District Court’s stay as a basis for continued protection from the termination.
However, the underlying lawsuit has not been dismissed, as the court has to rule on the core constitutional issue concerning equal protection. The District Court has directed the parties to submit a proposed schedule for further proceedings.
In November 2025, former DHS Secretary Kristi Noem announced the termination of Haiti’s TPS designation. The termination was published in the Federal Register (90 Fed. Reg 54733 (Nov. 28, 2025)) and would have ended TPS protections for Haitian beneficiaries. A group of plaintiffs challenged the termination in federal court, arguing that the decision was unlawful and seeking to prevent DHS from implementing it while the litigation proceeded.
In February 2026, the U.S. District Court for the District of Columbia issued an order staying the effective date of DHS’s termination of Haiti TPS pending judicial review. This injunction preserved TPS protections for affected nationals of Haiti while the court considered the merits of the challenge. The injunction temporarily delayed the termination and allowed Haitian TPS holders to maintain their status and corresponding employment authorization during the litigation.
On June 25, 2026, the U.S. Supreme Court ordered the TPS terminations effective July 27, 2026, and remanded to the lower court to lift the stay. Mullin v. Doe, No. 25-1083. Following receipt of the D.C. Circuit’s mandate on Aug. 4, 2026, the District Court expressly stated that its prior order staying the effective date of DHS’s Haiti TPS termination “is no longer in effect.”
What This Means
Haitian TPS beneficiaries and employers should:
- Closely monitor DHS announcements regarding implementation of the termination.
- Review the validity of employment authorization as well as any related government guidance.
- Evaluate whether Haiti TPS recipients may qualify for another immigration benefit or status.
- Consult immigration counsel regarding individualized options and compliance obligations.
While the District Court’s injunction has been lifted, the case remains active, anticipating further litigation. Haitian TPS beneficiaries and employers should continue to monitor developments closely for additional court rulings, DHS guidance, or other administrative actions which may affect the timeline.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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