Employers with Haitian workers holding Temporary Protected Status face pressing legal obligations following a sequence of court rulings that has effectively closed the window on continued protection.
The federal government determined that conditions in Haiti no longer justified TPS protection, publishing that decision in the Federal Register on November 28, 2025.
Under that decision, Haiti’s TPS status and the work permits associated with it were originally set to expire on February 3, 2026.
One day before that deadline, a federal court in Washington, D.C. temporarily halted the termination, keeping work permits valid for affected TPS holders while legal proceedings continued.
That protection proved short-lived after the U.S. Supreme Court issued a ruling on June 25, 2026, in a related case that favoured the government’s position on TPS terminations.
Following the Supreme Court’s decision, the same D.C. federal court confirmed that its earlier order pausing the Haiti TPS termination no longer applies.
In practical terms, Haitian TPS holders can no longer point to that court order as protection for their work authorisation, creating immediate uncertainty for employers across the country.
A lawsuit raising constitutional questions about the termination is still working its way through the courts, meaning the situation could potentially shift again before reaching a final resolution.
Work permits, formally called Employment Authorization Documents, that were issued based on Haiti’s TPS status had their expiration dates extended by the now-lifted court order, covering permits originally set to expire between July 22, 2017, and February 3, 2026.
U.S. Citizenship and Immigration Services instructed employers to write “as per court order” in Section 1 of Form I-9 and to list “July 27, 2026” as the expiration date in Section 2, along with a note in the additional information box.
For employers using E-Verify, the guidance directed them to enter that same July 27, 2026 date when processing affected employees.
Now that the court’s pause has been lifted, employers are generally choosing one of two paths: following USCIS guidance or moving ahead with reverifying affected employees’ work authorisation directly.
Law firm Ward and Smith, P.A. advises employers to take a proactive approach by understanding their legal obligations, evaluating which employees are affected, and building a clear compliance plan with experienced employment and immigration counsel.
The end of Haiti’s TPS designation creates real and immediate compliance questions, and delaying action while waiting for further legal clarity carries significant risk for employers of all sizes.