United States | Haiti TPS termination postponed and certain EAD validity dates auto-extended

Following a ruling issued by a federal court on Feb. 2, 2026, U.S. Citizenship and Immigration Services updated its Temporary Protected Status (TPS) Designated Country: Haiti webpage, noting that certain Employment Authorization Document (EAD) validity dates have been automatically extended per the court order.

Key takeaways:

Haiti TPS termination decision stayed: On Feb. 2, 2026, the U.S. District Court for the District of Columbia issued an order (Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.)) staying (i.e., postponing) the Secretary of the Department of Homeland Security’s decision to terminate Haiti’s TPS designation effective Feb. 3, 2026. The order states:

“During the stay, the Termination shall be null, void and of no legal effect. The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay.”

Certain EAD validity dates auto-extended: According to the USCIS Haiti TPS webpage, “The validity of EADs issued under the TPS designation of Haiti with an original expiration date of Feb. 3, 2026, Aug. 3, 2025, Aug. 3, 2024, June 30, 2024, Feb. 3, 2023, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, July 22, 2019, Jan. 22, 2018, or July 22, 2017, is extended per court order.”

DHS determining next steps: DHS noted that it “vehemently disagrees with this order and is working with the Department of Justice to determine next steps.”

Additional information: BAL will continue to monitor related developments on this matter and provide updates.

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

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