United States | Court confirms stay blocking Haiti TPS termination is no longer in effect

Today, a federal court order has confirmed that a previous court order delaying the termination of Haiti’s Temporary Protected Status (TPS) designation is no longer in effect following recent appellate and Supreme Court proceedings. The decision removes the judicial stay that had temporarily prevented implementation of the Department of Homeland Security’s (DHS) termination of Haiti’s TPS designation while the underlying litigation proceeds.

Key takeaways:

District court confirms prior stay has been lifted. In an order issued Aug. 5, 2026, the U.S. District Court for the District of Columbia stated that its February 2026 order staying the effective date of DHS Secretary Kristi Noem’s termination of Haiti’s TPS designation is no longer in effect following the U.S. Supreme Court’s decision in Mullin v. Doe and the subsequent remand from the D.C. Circuit.

EAD validity dates and Form I-9 guidance. As previously reported on July 24, 2026, the validity of Employment Authorization Documents issued under the designation had been temporarily extended per court order until lower courts aligned with the Mullin v. Doe decision, through July 27, 2026. Today’s ruling confirms that DHS’s termination decision can now take effect.

Underlying litigation remains pending. Although the stay has been lifted, the court denied the government’s request to pause discovery and ordered the parties to submit a joint proposal outlining deadlines and next steps in the case. The plaintiffs will continue to pursue their constitutional claims and have indicated they do not intend to file an amended complaint.

Additional information: Haiti’s TPS designated country page can be found here. Employers are encouraged to retain relevant USCIS alerts and notices and consult with their BAL attorney for case-specific guidance and Form I-9 best practices. Litigation remains ongoing, and BAL will continue to monitor and provide updates as more information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.