Work authorization rules for Haitian workers with Temporary Protected Status (TPS) have changed quickly over the past few weeks.
Employers with TPS-authorized employees from Haiti should pay close attention, because a series of court rulings and government actions means the window for continued protection is closing fast. Below, Ward and Smith explains what happened, what it means for employment authorization, and the steps employers should take now.
How We Got Here
The federal government decided that conditions in Haiti no longer justified TPS protection, and it published that decision in the Federal Register on November 28, 2025. Under that decision, Haiti’s TPS status and the work permits that come with it were set to end on February 3, 2026.
One day before that deadline, on February 2, 2026, a federal court in Washington, D.C. put the termination on hold in a lawsuit challenging the decision. That court order temporarily kept work permits valid for affected TPS holders while the case moved forward.
What Changed Recently
On June 25, 2026, the U.S. Supreme Court issued a ruling in a related case that favored the government’s position. Following that decision, the same D.C. federal court confirmed that its earlier order pausing the Haiti TPS termination no longer applies. In practical terms, Haitian TPS holders can no longer point to that court order as protection for their work authorization.
That said, a lawsuit raising constitutional questions about the termination is still working its way through the courts. So it’s possible the situation could shift again.
What This Means for Work Permits
Work permits, formally called Employment Authorization Documents (EADs), that were issued based on Haiti’s TPS status had their expiration dates extended by court order. That includes permits originally set to expire anytime between July 22, 2017, and February 3, 2026. Immigration officials described this extension as temporary relief, meant to bridge the gap until the lower courts fell in line with the Supreme Court’s decision.
U.S. Citizenship and Immigration Services (USCIS) told employers to write “as per court order” in Section 1 of Form I-9, and to list “July 27, 2026” as the expiration date in Section 2, along with a note in the additional information box. For E-Verify, employers were told to enter that same July 27, 2026 date.
What Employers Should Do Now
Now that the court’s pause is lifted, employers are generally choosing one of two paths:
- Following USCIS’s guidance and moving ahead with reverifying affected employees’ work authorization.
- Holding off on reverification or employment decisions until courts or agencies provide more clarity.
Both approaches carry some risk, and which one makes sense often depends on an employer’s specific operational needs.
Recommended Steps For Employers
- Keep an eye on updates. This situation is still developing. Check the USCIS TPS Haiti webpage regularly for the latest guidance.
- Review your workforce. Identify any employees whose work authorization is tied to Haiti’s TPS designation, and check the status of their work permits.
- Talk to legal counsel before acting. Because the law is still unsettled, get guidance before starting reverification or making any termination decisions. This helps avoid exposure under anti-discrimination and immigration laws.
- Document what you decide. Whatever approach your organization takes, keep a clear record of the reasoning behind it.
Bottom Line
The end of Haiti’s TPS designation creates real, immediate compliance questions for employers. Rather than waiting to see how things settle, employers should take a proactive approach: understand the legal obligations at play, evaluate which employees are affected, and build a clear plan with the help of experienced employment and immigration counsel.
For questions about how these developments affect your organization, please contact Ward and Smith’s Labor and Employment practice group.
