The US Department of Homeland Security (DHS) has partially vacated the July 1, 2024 decision by former Secretary of Homeland Security Alejandro Mayorkas regarding Temporary Protected Status (TPS) for Haiti. The February 2025 DHS decision changes the previously scheduled expiration date for Haiti TPS from 18 months to 12 months. Absent DHS action, the TPS designation for Haitian nationals and associated EADs will now end on August 3, 2025.
Background
On January 21, 2010, former Secretary of Homeland Security Janet Napolitano designated Haiti for TPS based on country conditions. DHS extended the TPS designation for Haiti in 2011, which was then extended several times before termination was announced on January 18, 2018. The 2018 announced termination was challenged in several lawsuits, which required DHS to continue Haiti TPS temporarily pending case outcomes.
On August 3, 2021, former Secretary of Homeland Security Alejandro Mayorkas announced a new TPS designation for Haiti for 18 months. In February 2023, DHS extended TPS status for another 18-month extension and issued a new designation (distinct from the 2021 designation). On July 1, 2024, Secretary Mayorkas decided to extend and newly designate Haiti for TPS for an additional 18 months, set to expire on February 3, 2026.
Implications for Haitian individuals
On February 20, 2025, the US Department of Homeland Security (DHS) announced that it would “rescind” the July 1, 2024 decision by former Secretary Alejandro Mayorkas regarding TPS for Haiti. DHS Secretary Kristi Noem’s decision moved the scheduled expiration date for Haiti TPS to August 3,
2025. The February 2025 decision impacts both the 2021 and 2023 redesignations, and the new registration period that began in 2024. Thus, Secretary Noem’s decision impacts both TPS initial and extension applications by Haitian nationals. Any pending TPS applications will be given an expiration date of August 3, 2025.
The February 2025 decision also impacts TPS documents issued with the February 3, 2026 expiration date. These documents—including USCIS I-824 approval notices, associated Employment Authorization Documents (EADs), and I-94s—will now be considered to expire on August 3, 2025. USCIS will not issue new TPS-related documents with the August 3, 2025 expiration date to individuals who have a document with the February 3, 2026 expiration date.
The February 2025 decision also states that employers that previously accepted or are presented an EAD with the TPS category of A-12 or C-19 that expires on February 3, 2026 must update their records to note that the validity date of the document is now August 3, 2025.
DHS has until June 4, 2025 to determine whether they will extend any TPS designation for Haiti. If DHS does not, it means that Haitian nationals who registered under a TPS designation will expire after August 3, 2025.
Haitian nationals who are in the United States on TPS status and are authorized to work through the benefit of an EAD will lose their status and work authorization as of August 3, 2025, unless DHS grants an extension or applicants are able to change to an alternate status that would allow them to remain and/or work in the US. Haitian nationals who currently fall under TPS status and employers who currently employ Haitian nationals with a TPS-based EAD should monitor official DHS communications for updates on the status of TPS designations and re-registration procedure.
We will continue to monitor any changes to the TPS program and are available to provide further guidance.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
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