This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On July 1, 2025, a federal judge blocked the Trump administration's recently announced early termination of Temporary Protected Status (TPS) for Haiti.
On June 27, 2025, the Department of Homeland Security (DHS) announced the termination of TPS for nearly 500,000 Haitians living in the United States. DHS said TPS would end on August 3, 2025, and the termination would be effective September 2, 2025.
DHS Secretary Kristi Noem said she determined that "overall, country conditions have improved to the point where Haitians can return home in safety." She further determined that "permitting Haitian nationals to remain temporarily in the United States is contrary to the national interest of the United States." DHS encouraged Haitian nationals returning home to use the U.S. Customs and Border Protection CBP Home app to report their departure from the United States. DHS noted that "Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible."
The Biden administration previously extended Haitian TPS until at least February 3, 2026. In a 23-page decision, the judge said that "[w]hen the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period." The judge said the early termination violated the TPS statute, noting that many affected Haitians are working in jobs, attending school or receiving medical treatment with the expectation that they would be allowed to remain in the United States at least through the end of this year.