The United States Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for Haiti. The TPS designation for the country expires on August 3, 2025, and the termination will be effective on Tuesday, September 2, 2025.
Background
Haiti was initially designated for TPS on January 21, 2010, for a period of 18 months, on the basis of extraordinary and temporary conditions in Haiti that prevented nationals of Haiti from returning in safety. Following the initial designation, TPS for Haiti was extended on several occasions. The Secretary granted a six-month extension of Temporary Protected Status (TPS) for Haiti from July 23, 2017, to January 22, 2018, while advising beneficiaries to prepare for potential return to Haiti if the designation was not extended. However, the TPS designation for Haiti was ultimately terminated effective July 22, 2019. This termination faced legal challenges, resulting in court injunctions that required the Department of Homeland Security (DHS) to maintain TPS for Haiti until a final decision was made. In August 2021, former Secretary Mayorkas re-designated Haiti for TPS due to ongoing extraordinary conditions, with extensions lasting through February 2026. In February 2025, Secretary Noem partially vacated this decision, shortening the TPS extension to 12 months, a move that has been challenged in several lawsuits.
At least 60 days before the expiration of a foreign state’s Temporary Protected Status (TPS) designation, the Secretary must review the conditions in that country to assess if it still qualifies for TPS. After discussions with interagency partners, Secretary Noem concluded that the conditions in Haiti no longer fulfill the statutory requirements for Temporary Protected Status (TPS). This decision was informed by a review conducted by United States Citizenship and Immigration Services (USCIS) regarding the situation in Haiti, along with consultations with the Department of State. The Secretary found that overall conditions in the country have improved sufficiently for Haitians to return home safely. Additionally, she determined that allowing Haitian nationals to remain temporarily in the United States is not in the national interest.
On June 27, 2025, Secretary of Homeland Security Kristi Noem announced the termination of TPS for Haiti, with the designation set to expire on August 3, 2025. The termination will take effect on September 2, 2025.
Implications for Haitian individuals
After September 2, 2025, nationals of Haiti (and aliens having no nationality who last habitually resided in Haiti) who have been granted TPS under Haiti’s designation will no longer have TPS. If TPS recipients have no other avenue to obtain valid immigration status in the United States, then they may be required to depart the United States.
DHS recognizes that Haiti TPS beneficiaries continue to be employment authorized during the 60-day transition period. Accordingly, DHS automatically extends the validity of certain EADs previously issued under the TPS designation of Haiti through September 2, 2025. Therefore, as proof of continued employment authorization through September 2, 2025, TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of 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, or July 22, 2017.
Vialto will provide further information as it becomes available.
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Manish Daftari
Partner
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