DHS blocked from terminating Haitian TPS . . . for now

On July 1, 2025, a U.S. District Court in New York issued a decision setting aside the early termination of temporary protected status (TPS) for Haitians. In February 2025, Secretary of Homeland Security Kristi Noem partially vacated the 2024 extension and redesignation of Haiti for TPS on the ground that the environmental situation that arose from the 2020 earthquake near Port-au-Prince has improved enough that it’s safe for Haitian citizens to return home. This meant that Haitian TPS would expire on August 3, 2025, and the termination would be effective on September 2. But in the recent decision, the federal court held that Noem didn’t have the authority to terminate Haiti’s TPS designation early. So what does this mean for employers? Here’s what you need to know.

Court’s rationale

Of note, the court explained that individuals with Haitian TPS “have enrolled in schools, taken jobs, and begun courses of medical treatment in the United States in reliance on Haiti’s TPS designation lasting until at least February 3, 2026.” The court found that early termination would certainly harm the individuals who relied on the February 3, 2026, expiration date and that this harm would be directly connected to Noem’s partially vacating the extension of Haitian TPS.