By: Patricia Gannon, Esq., Marcela Bermudez, Esq. and Hector A. Chichoni, Esq.
U.S. District Judge Ana C. Reyes issued a last-minute ruling on February 2, 2026, halting the Department of Homeland Security’s (DHS) plan to terminate Temporary Protected Status (TPS) for approximately 350,000 Haitian immigrants.
The termination, ordered by DHS Secretary Kristi Noem, was set to take effect at 11:59 p.m. on Tuesday, February 3, 2026. Judge Reyes declared the termination “null, void, and of no legal effect” (Case No. 1:25-cv-02471), effectively pausing the order while a broader class-action lawsuit proceeds.
Some important points include:
- Irreparable Harm: The judge noted that ending TPS would turn hundreds of thousands of lawful residents into undocumented immigrants “overnight,” stripping them of their ability to work legally and destabilizing local economies.
- Flawed Justification: Reyes criticized the administration for claiming Haiti was safe for return, noting its own State Department maintains a “Do Not Travel” warning due to extreme gang violence.
- Procedural Failures: The court found it “substantially likely” that the termination was motivated by hostility toward nonwhite immigrants rather than the law, citing a lack of consultation with other federal agencies.
- Current Impact: For now, Haitian TPS holders retain their legal status and work authorization, shielding them from immediate arrest or removal by U.S. Immigration and Customs Enforcement (ICE).
Impact for Beneficiaries and Employers
For now, Haiti TPS beneficiaries will retain their protections and benefits, including employment authorization and protection from detention and deportation.
Important Note for Employers: Employers should await further guidance from the Department of Homeland Security. At this time, all deportation actions, Employment Authorization Documents (EADs), and other TPS-related benefits remain stayed. DHS will provide additional direction on which EADs are being extended. In the meantime, U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance confirming the continued TPS designation for Haiti, which can be found here.
Judge Reyes’s order states in part that:
“During the stay, the Termination shall be null, void, and of no legal effect. The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay. See 8 U.S.C. ? 1254a(a)(1)–(2), (d)(4). The Termination also has no effect on the eligibility for work authorization and protection from detention and deportation for individuals, if any, with pending applications. See id. 1254a(a)(4)(B); 8 C.F.R. ? 244.10(a), (e).”
DHS officials sharply criticized the decision as “lawless activism” and indicated they would appeal the case. DHS Assistant Secretary Tricia McLaughlin stated that the administration expects the case to reach the U.S. Supreme Court. In the interim, the administration is expected to appeal the order and seek intervention from the Supreme Court.
We will provide further details as more information emerges. Subscribe to our blog today for timely insights, updates, and practical tips.
