Court Takes Action on Haiti TPS Termination

A federal judge in Washington, D.C. has confirmed that the court order previously preventing the termination of Temporary Protected Status (TPS) for Haiti is no longer in effect following the U.S. Supreme Court’s decision in Mullin v. Doe.

On August 5, 2026, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued an order acknowledging that the Supreme Court’s June 2026 decision reversed the court’s earlier February 2026 ruling, which had stayed the Department of Homeland Security’s termination of Haiti’s TPS designation. As a result, the injunction blocking implementation of the TPS termination has been lifted.

Termination of Haiti TPS

The underlying litigation challenges DHS’s decision to terminate Haiti’s TPS designation. That designation has provided eligible Haitian nationals with temporary protection from removal, as well as employment authorization in the United States.

Following the Supreme Court’s decision in Mullin v. Doe, the U.S. Court of Appeals for the D.C. Circuit remanded the case to the district court for further proceedings consistent with the Supreme Court’s ruling. Judge Reyes’ August 5 order formally confirms that the February 2026 injunction is no longer in effect, allowing DHS’s termination of Haiti’s TPS designation to move forward unless further court action is taken. 

What Happens with the Litigation Now 

The litigation remains ongoing although the injunction has been lifted. 

The plaintiffs do not intend to file an amended complaint.  The district court also declined the government’s request to pause discovery.  As such, the court directed both parties to submit a joint proposal outlining next steps and case deadlines.  

What This Means for Employers 

Employers should be aware of the following: 

• The injunction has been lifted. DHS is no longer prevented by the February 2026 court order from implementing the termination of Haiti’s TPS designation. 

  
  

• Continue monitoring agency guidance. Employers should closely watch for announcements from DHS and USCIS regarding the effective date of the TPS termination, employment authorization document (EAD) validity, and any automatic extensions or transition guidance. 

  
  

• Prepare for workforce impacts. Employers with Haitian TPS beneficiaries should assess their workforce and be prepared to address potential employment authorization and I-9 compliance issues as additional guidance is released.