As shared by USCIS, the U.S. Department of Homeland Security (USDHS) announced on November 26, 2025, that Temporary Protected Status (TPS) for Haiti will be terminated. Secretary Kristi Noem determined that Haiti no longer satisfies the legal criteria for TPS. This conclusion was reached after a review by U.S. Citizenship and Immigration Services (USCIS), with input from the U.S. Department of State, and an analysis showing that continuing TPS for Haitian nationals does not align with U.S. national interests.
The termination will take effect on February 3, 2026. USCIS advises current TPS beneficiaries from Haiti to prepare for departure if they lack other legal grounds to stay in the U.S. USDHS has indicated that those without a lawful basis to remain can use the Temporary Protected Status Haiti Home mobile app to report their departure. The self-deportation process offers a free plane ticket, a $1,000 exit bonus, and potential future opportunities for legal immigration to the U.S.
Background
TPS is a humanitarian statutory mechanism under the Immigration and Nationality Act (INA) that allows the Secretary of Homeland Security to provide temporary protection from removal and work authorization to nationals of a designated country experiencing ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions preventing safe return.
Haiti received an initial TPS designation following the catastrophic January 2010 earthquake, which caused widespread loss of life, displacement, and infrastructure collapse. The Department of Homeland Security (DHS) determined that conditions rendered the safe return of Haitian nationals infeasible.
In the years following 2010, DHS extended and, at times, redesignated TPS for Haiti in light of continuing challenges, including slow reconstruction, cholera outbreaks, hurricanes, and political instability.
USDHS announced efforts to terminate Haiti’s TPS during 2017–2018, prompting multiple lawsuits and preliminary injunctions that maintained protections while litigation proceeded. These cases highlighted the statutory standards, administrative record requirements, and the role of judicial review in TPS policy.
Strategies for Employers Facing TPS Haiti Cancellation
The potential cancellation of Temporary Protected Status (TPS) for Haitian nationals poses significant challenges for employers. Employers could implement strategies to help protect their business and support affected employees:
Stay Informed and Compliant
- Keep up-to-date with DHS announcements and legal proceedings related to TPS for Haiti. This ensures timely compliance with any changes.
- Regularly verify the work authorization status of employees through Form I-9 compliance. Be prepared for changes in documentation requirements.
Develop a Contingency Plan
- Identify roles and departments that may be affected by TPS changes. Evaluate the potential impact on operations and productivity.
- Implement cross-training to ensure business continuity. This prepares other employees to fill critical roles if TPS workers are unable to continue.
Support Affected Employees
- Provide resources or referrals to immigration attorneys who can advise employees on their options, such as applying for other forms of relief.
- Offer counseling and support services such as Employee Assistance Programs (EAP) to help employees manage stress and uncertainty.
Explore Alternative Workforce Solutions
- Consider partnerships with Temporary Staffing Agencies (TSAs) to fill potential gaps in the workforce.
- If feasible, explore remote work arrangements that may allow affected employees to continue contributing from abroad.
Review and Update Policies
- Ensure that your workplace policies comply with anti-discrimination laws. Avoid any actions that could be perceived as discriminatory based on immigration status.
- Develop clear communication strategies to keep employees informed about company policies and support measures.
Conclusion
Proactively addressing the potential cancellation of TPS for Haiti can help mitigate risks and support your workforce. By staying informed, planning, and providing support, employers can navigate these challenges effectively while maintaining compliance and fostering a supportive work environment.
