2-1 ruling emphasizes severe dangers of return amid gang violence and collapsing rule of law; administration may appeal to Supreme Court
Washington, D.C. – March 7, 2026 In a major victory for Haitian Temporary Protected Status (TPS) holders, the U.S. Court of Appeals for the District of Columbia Circuit has upheld a lower court’s decision blocking the Trump administration from ending TPS for Haiti.
In a 2-1 ruling issued Friday, the appellate court denied the government’s emergency request to lift U.S. District Judge Ana C. Reyes’s February 2 stay, which had halted the Department of Homeland Security’s (DHS) termination order set to expire February 3.
The majority opinion, written by Judges Florence Pan and Brad Garcia (both Biden appointees), found that returning Haitians to their homeland would expose them to “severe dangers,” including widespread gang violence, a “collapsing rule of law,” and inadequate access to essential medical care. The court stated:
“The government’s failure to meet its burden of demonstrating irreparable harm alone justifies denying emergency relief that would upend the status quo and increase uncertainty while this appeal proceeds.”
The decision rejected the administration’s request to pause Judge Reyes’s order while the appeal moves forward. The appellate court distinguished the Haitian TPS case from similar litigation involving Venezuelans, where the Supreme Court had allowed terminations to proceed.
In dissent, Judge Justin Walker (a Trump appointee) argued the cases were “fraternal, if not identical, twins” and that the majority’s reasoning was inconsistent with prior precedent.
Background & Stakes
DHS Secretary Kristi Noem announced in November 2025 the intention to end TPS for Haiti as part of broader immigration enforcement priorities, arguing conditions in Haiti had improved sufficiently for safe returns. Judge Reyes’s initial ruling found the decision likely arbitrary and capricious under the Administrative Procedure Act, citing DHS’s failure to follow required protocols and the ongoing humanitarian crisis in Haiti.
The stay protects more than 350,000 Haitian TPS holders , many living and working legally in the U.S. for over a decade — from deportation and loss of work authorization while litigation continues. TPS beneficiaries contribute billions to the U.S. economy through labor in healthcare, construction, hospitality, and other sectors.
The administration is expected to seek further review, potentially escalating the case to the U.S. Supreme Court.
Immigrant rights groups and Haitian community leaders have hailed the appellate decision as a critical safeguard, while urging continued advocacy and preparation amid uncertainty.
L’Union Suite will track the appeal’s next steps, any Supreme Court involvement, and updates from DHS/USCIS. Haitian TPS holders should consult accredited immigration attorneys or trusted organizations for personalized guidance.
Solidarity and strength to the Haitian community, protections hold for now, but the fight continues.
