The planned termination of Temporary Protected Status (TPS) for Haiti, originally scheduled for February 3, 2026, is currently on hold due to ongoing legal proceedings. On February 2, 2026, the U.S. District Court for the District of Columbia issued a stay in the case Miot et al. v. Trump et al., effectively pausing the termination while the court reviews the matter.
Current Protection and Authorization
While the court order remains in effect, current Haiti TPS beneficiaries may continue to reside in the U.S. and maintain their employment authorization.
The Department of Homeland Security (DHS) has appealed this ruling to the D.C. Circuit Court and has indicated it may seek further review from the U.S. Supreme Court. Because the litigation is active, the status of these protections is subject to change based on upcoming judicial decisions.
Employment Authorization Document (EAD) Extensions
In accordance with the court order, Employment Authorization Documents (EADs) with category codes A12 or C19—and printed expiration dates ranging from July 22, 2017, through February 3, 2026—have been automatically extended.
Employer Guidance: Form I-9 and E-Verify
U.S. Citizenship and Immigration Services (USCIS) updated its official compliance instructions on February 14, 2026. To remain compliant during this period, employers and employees should use the following placeholders:
- For Form I-9, Section 1: Employees should enter “as per court order” in the expiration date field.
- For Form I-9, Section 2: Employers should enter “March 15, 2026” as the expiration date and include a note in the “Additional Information” box referencing the Miot v. Trump court order.
- For E-Verify: Use “March 15, 2026” as the document expiration date when creating a new case.
Key Dates and Next Steps
The legal landscape is evolving rapidly. A response from the plaintiffs was due in the D.C. Circuit Court on February 16, 2026. A ruling regarding the stay, which could either uphold current work authorizations or allow the termination to proceed, is anticipated as early as Thursday, February 19, 2026.
Beneficiaries and employers are encouraged to monitor the USCIS Haiti TPS page for the most current updates. Subscribe to our blog today for timely insights, updates, and practical tips.
