On July 1, 2025, the Department of Homeland Security (DHS) published a notice ending Haiti’s Temporary Protected Status (TPS) designation effective Sept. 2, 2025. Hours later, U.S. District Judge Brian M. Cogan (Eastern District of New York) issued a nationwide injunction blocking DHS from enforcing that early termination, restoring the prior validity period through Feb. 3, 2026, unless a higher court lifts or narrows the order. DHS has already filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit and indicated it will seek an emergency stay.

Which Employees Are Affected?

For now, no immediate reverification is required by employers. Haiti-TPS beneficiaries who presented an Employment Authorization Document (EAD) in category A-12 or C-19 may keep working under that card until at least Feb. 3, 2026. If the injunction is overturned and the Sept. 2, 2025, termination date (or a new date) takes effect, the employees who may need reverification are those whose TPS-based EAD shows any of these “Card Expires” dates: Feb. 3, 2026; Aug. 3, 2025; Aug. 3, 2024; June 30, 2024; Feb. 3, 2023; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; or July 22, 2017. Employers would complete Form I-9 Supplement B the first business day after any final termination date.

Legal Outlook and Practical Timing

• Second-Circuit stay motion (July 2025). The government’s emergency-stay request may be decided within weeks. If granted, the TPS termination would go into effect immediately, reviving the Sept. 2, 2025, deadline (or any new date the court sets).
• Merits appeal (late 2025 – early 2026). Briefing and oral argument typically span three to six months. A Second-Circuit decision may arrive in the first half of 2026.
• Possible Supreme Court review (2026 – 2027). Either party may petition for certiorari. Historically, the Supreme Court has expedited review of high-impact immigration cases, sometimes allowing policies to proceed while litigation continues.
• Precedent for stays. In prior TPS and DACA suits, appellate courts—or the Supreme Court—have frequently granted interim stays, allowing the government’s termination or roll-back to proceed while appeals were pending. Employers should not assume the current injunction may last through February 2026.

HR and in-house counsel must be ready for rapid change, as notice may be as short as a few days if a stay is issued.

Employer Considerations

Organizations may wish to consider various approaches to prepare for potential changes in Haiti-TPS status.

E-Verify employers may wish to use the “Status Change Report,” but not take action until a court decision:

• Log in under the administrator profile.
• Navigate to Reports → Status Change Report and generate the file.
• Flag any Haiti-TPS cases for future reverification, but do not request documents until a final court outcome sets a definitive deadline.

Employers should consider running and saving the report at least once a month, as the data in E-Verify refreshes continuously.

Employers not enrolled in E-Verify may wish to:

• Use electronic-I-9 or HRIS reports to track expiring documents.
• Send a neutral reminder to all employees with documents expiring in the next 12 months.
• Calendar, but do not act on, any reverification until the injunction is resolved or a stay is granted.

Employers should also be mindful of immigration-related discrimination considerations under Section 274B of the Immigration and Nationality Act, which bars selective reverification and unequal documentary requests. HR departments may benefit from training to:

• Wait for a definitive court outcome before requesting updated documents.
• Accept any valid List A or List C document; not insisting on a new EAD.
• Follow standard, tentative non-confirmation procedures if an E-Verify mismatch appears.

A documented, even-handed follow-up process—notice, reasonable response time, and impartial termination decisions—may help protect the organization once a final deadline is established.

Key Takeaways

• A federal injunction has frozen the July 1, 2025, DHS termination; Haiti-TPS work authorization currently runs to Feb. 3, 2026.
• The government has appealed and will seek a stay; employers may see the Sept. 2, 2025 deadline reinstated on short notice.
• Track court developments and be ready to launch Form I-9 reverification if the stay is granted.
• Applying Form I-9 rules consistently may help avoid discrimination while maintaining readiness for rapid compliance.