On March 6, 2026, the U.S. Court of Appeals for the District of Columbia Circuit ruled to uphold a lower court’s block on the termination of Temporary Protected Status (TPS) for more than 350,000 Haitian nationals. The U.S. Court of Appeals’ 2-1 decision prevents the Department of Homeland Security (DHS) from stripping legal protections and work authorizations from Haitians on TPS while the broader legal challenge against the termination continues.
The Ruling
The appellate panel’s decision affirms a February 2, 2026, ruling by U.S. District Judge Ana C. Reyes. In her original 83-page opinion, Judge Reyes described the government’s attempt to end the program as “arbitrary and capricious,” finding that then-DHS Secretary Kristi Noem failed to follow statutory requirements.
The Ruling and Its Impact
The ruling provides an immediate, though potentially temporary, reprieve for hundreds of thousands of employees and employers.
- Status Maintained: The court rejected the present administration’s bid to allow deportations to begin while the litigation moves forward.
- Humanitarian Concerns: The court noted that ending TPS would have “devastating” consequences, including the risk of returning individuals to a country plagued by gang violence and a collapsing rule of law.
- Work Authorization: Valid Employment Authorization Documents (EADs) for Haitian TPS holders remain automatically extended per court order.
The Road Ahead
The administration is expected to appeal this decision to the U.S. Supreme Court. Given the High Court’s recent history of granting emergency stays to the executive branch on immigration matters, we remain cautiously optimistic but wary of a possible reversal. For now, the D.C. Circuit’s ruling ensures that the “status quo” remains, maintaining the workforce employment authorization in the United States, but the case is far from over. Employers and Haitian employees on TPS are advised to do whatever is possible to maintain their status and stay informed through official USCIS notices regarding re-registration requirements. Subscribe to our blog today for timely insights, updates, and practical tips.
