A federal appeals court has sided with a lower judge’s ruling against the Trump administration’s efforts to end temporary protected status for roughly 350,000 Haitians living in the U.S. The ruling keeps a stay on the termination in place while litigation continues on the merits.
What changed
The U.S. Court of Appeals in Washington, D.C., issued the 2-1 ruling on Friday [March 6, 2026]. The court said “the government’s failure to meet its burden of demonstrating irreparable harm alone justifies denying emergency relief that would upend the status quo and increase uncertainty while this appeal proceeds.”
The court rejected the Trump administration’s request for an emergency stay that would have allowed the TPS termination to take effect pending further appeals. Temporary Protected Status can be granted by the Homeland Security secretary if conditions in home countries are deemed unsafe for return due to a natural disaster, political instability or other dangers. While it grants TPS holders the right to live and work in the U.S., it does not provide a legal pathway to citizenship.
Why it matters
For practitioners and affected clients, this ruling preserves the status quo: Haiti TPS remains valid, work authorization continues, and Employment Authorization Documents maintain their extensions. You can advise clients that their protected status remains intact while the case proceeds to the Supreme Court.
From a compliance standpoint, employers must continue recognizing Haiti EADs as valid and keep employees in work-authorization systems. Any client with expiring documentation should be aware of automatic extensions tied to the court order. The decision also provides temporary certainty on I-9 verification obligations.
The ruling does not end the legal fight. In addition to migrants from Haiti, Homeland Security Secretary Kristi Noem has terminated protections for about 600,000 Venezuelans, 60,000 people from Honduras, Nicaragua and Nepal, more than 160,000 Ukrainians and thousands of people from Afghanistan and Cameroon. Some have pending lawsuits in federal courts. The fate of Haitian TPS ultimately rests with the Supreme Court, which has agreed to hear the case on an expedited basis.
Way forward
- Monitor the Supreme Court docket: The case is on expedited review. Expect oral arguments in late April 2026 and a decision by early July 2026.
- Update I-9 and E-Verify records: Ensure your systems reflect current USCIS guidance on EAD expiration dates. USCIS has issued specific instructions for Form I-9 completion under the court order.
- Advise TPS clients of ongoing risk: While this ruling preserves status for now, it is temporary. Counsel clients to prepare contingency plans and consider alternative pathways to lawful status if available.
- Track other TPS cases: Similar litigation is ongoing for Venezuela, Nepal, Honduras, Nicaragua, Syria, and other countries. Developments in those cases may signal how the Supreme Court will rule on Haiti.
Disclaimer
This article is provided for informational purposes and is not legal advice. Articles.folaform.com is a news and policy resource, not a law firm. Immigration law is complex and fact-specific. You should consult a licensed immigration attorney before relying on this information for client advice, form preparation, or filing decisions. This article reflects the state of law as of the publication date and does not account for changes that may occur after publication. Always verify current guidance against the primary source documents linked above.