Quick Hits

• In July 2024, TPS for Haiti was redesignated and extended until February 3, 2026.
• DHS Secretary Kristi Noem reconsidered and partially vacated the 2024 decision, reducing the designation and extension period from eighteen months to twelve months.
• The initial registration period for new applicants under the 2024 designation and the 2024 Haiti TPS extension will remain in effect until August 3, 2025.

On February 24, 2025, U.S. Citizenship and Immigration Services (USCIS) published a partial vacatur of the 2024 TPS decision for Haiti in the Federal Register. The partial vacatur reduces the designation period from eighteen months to twelve months, with the new TPS extension and designation set to expire on August 3, 2025, instead of February 3, 2026.

USCIS will apply an expiration date of August 3, 2025, to any applications for employment authorization, initial registration, and re-registration filed pursuant to the July 1, 2024, notice that are still pending with the agency. Previously approved TPS-related documentation that shows a February 3, 2026, expiration will not be recalled by USCIS but will remain valid only until the end of the new TPS designation period on August 3, 2025.

The notice states that all employers and federal, state, and local government agencies (including the Department of Motor Vehicles) must update their records to reflect the new expiration date of August 3, 2025, for Haiti TPS-related documents. If an employer or agency receives an Employment Authorization Document (EAD) with the TPS category codes A12 or C19 that is set to expire on February 3, 2026, the employer or agency must record the earlier expiration date of August 3, 2025.

DHS originally designated Haiti for TPS on January 21, 2010, following a devastating 7.0-magnitude earthquake. The Department of State and DHS conducted an initial review of the conditions in Haiti and determined that the extent of destruction and the humanitarian challenges present constituted extraordinary and temporary conditions, preventing Haitian nationals (and individuals without nationality who last resided in Haiti) from safely returning. DHS redesignated and extended TPS for Haiti in 2011, 2013, 2015, and 2017. On January 18, 2018, DHS announced the termination of the TPS designation, noting that the conditions in Haiti no longer supported the designation. To provide time for an orderly transition, the DHS set a termination date of July 22, 2019. Due to multiple lawsuits challenging the program’s termination, DHS stated that it would “continue to extend the benefit and documents if required to comply with court orders.”

On August 3, 2021, DHS announced a new eighteen-month designation of TPS for Haiti. This designation allowed Haitian nationals (and individuals without nationality who last resided in Haiti) to file initial applications for TPS if they were residing in the United States as of May 21, 2021, and met the eligibility requirements. DHS designated Haiti for TPS due to severe and extraordinary conditions, including serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, all of which were exacerbated by the COVID-19 pandemic. DHS extended and redesignated TPS for Haiti in 2023 and again in 2024, with the designation lasting until February 3, 2026. However, in partially vacating the 2024 extension and designation, DHS Secretary Noem cited national security concerns and changing conditions in Haiti. She also noted that there was no explanation provided for selecting an eighteen-month extension instead of a six-month or twelve-month extension.

Next Steps

DHS Secretary Noem will need to review the current conditions in Haiti to assess whether they continue to meet the requirements for TPS designation. This review must occur at least 60 days before the end of the current extension period. Consequently, the agency is required to announce its decision regarding the extension or termination of TPS for Haiti by June 4, 2025. If no determination is made by this deadline, the 2024 designation will automatically extend for an additional six months beyond its expiration date of August 3, 2025. If TPS for Haiti is terminated, beneficiaries must obtain alternative immigration status and employment authorization by the applicable termination date to remain in the United States.