Late on February 2, 2026, Judge Ana Reyes of the United States District Court for the District of Columbia, stayed the November 28, 2025 Notice terminating the designation of Temporary Protected Status (TPS) for Haiti. Under the November 28 Notice, TPS for Haiti and the work authorization of Haitian nationals in TPS expire at 11:59 tonight, February 3.
A little about the case.
The plaintiffs in the case of Miot v. Trump claim that the November 28 Notice terminating TPS for Haiti violates the Administrative Procedures Act and the Fifth Amendment of the U.S. Constitution. Because the termination of TPS would take effect before there could be a final ruling in the case, the plaintiffs in the case moved to stay the termination of TPS under the November 28 Notice. In an 83-page decision, Judge Reyes explained why she has jurisdiction over the case and explained why the plaintiffs were likely to succeed on the merits and how they were likely to suffer irreparable harm if the termination went into effect tonight. Judge Reyes stayed the termination of TPS for Haiti, while the litigation is pending.
What does this mean?
TPS for Haiti will not expire tonight and the work authorization of Haitian nationals with an Employment Authorization Document (EAD) issued under Category A12 or C19 will not lose their work authorization at 11:59 p.m. today. This is not an extension of TPS or work authorization. Judge Reyes simply stopped the termination of TPS from taking effect for now. A higher court could reverse Judge Reyes’ decision, resulting in the immediate termination of TPS and work authorization.
Can Haitian employees in TPS continue working?
For now, the answer is yes. We do not know how long the work authorization will last. There is no guidance yet on how employers should update the Form I-9 to reflect continuing work authorization. I suggest that employers use the Additional Information box in Section 2 of the Form I-9. Employers can make a note such as: “Termination of TPS for Haiti as set forth in the November 28, 2025 Federal Register Notice is stayed pursuant to the February 2, 2026 Order in Miot v. Trump, Case No. 1:25-cv-02471 (U.S. D.D.C.)” Employers may need to add new notes to the Additional Information box as the case progresses or as the Department of Homeland Security (DHS) provides guidance.
