Overview:
A federal appeals court on July 22 rejected the Trump administration’s request to end Temporary Protected Status for Haitians on July 24, ruling that protections must stay in place a few more days, until at least July 27. The order does not reverse the Supreme Court’s June 25 ruling that cleared the way for Haiti’s TPS termination — it simply holds off implementation until the case formally returns to the D.C. Circuit. TPS and work authorization remain valid for now, but advocates say termination is expected to follow soon after.
A federal appeals court on July 22 rejected the Trump administration’s bid to end Temporary Protected Status (TPS) for Haitians on July 24, ruling that TPS protections must remain in place for a few more days, until at least July 27.
Meanwhile, an effort to pass a bill that would have extended TPS protections failed to pass the Republican-led chamber, the Miami Herald reported Wednesday. The bill that would have allowed hundreds of thousands of Haitians to remain in the U.S. without fear of deportation, at least until January 2029 was blocked by Missouri Republican Eric Schmitt.
In a one-page order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit denied the government’s “renewed motion for stay,” including its request for an emergency administrative stay. The panel said the government had not met the legal standard for a stay, “particularly given that the case will be returned to this court on July 27, 2026.”
The Haitian Bridge Alliance, one of the organizations closely following the litigation, alerted the Haitian community to the decision in an Instagram post Wednesday.
“Urgent TPS UPDATE. The Judges denied the government’s request to push the termination of TPS for Haiti to July 24,” the organization wrote. “Per the latest response from the Judges, the TPS for Haiti will not be terminated before July 27.”
What it means — and what it doesn’t
Haiti was designated for the TPS program since 2010, allowing about 350,000 Haitians to live and work legally over the years. In November 2025, Homeland Security Secretary Kristi Noem announced Haiti’s termination, effective Feb. 3, 2026.
When the termination was announced, Haitian TPS holders led by Fritz Emmanuel Lesly Miot sued to contest the administration’s efforts to end humanitarian protections for Haitians living in the United States. A district judge on Feb. 2 blocked the termination as the case moved ultimately to the Supreme Court, which ruled June 25 that the administration can end the program for Haitians and Syrians.
Since that 6-3 TPS ruling, Haiti’s TPS status has stayed in effect through a series of short administrative extensions — first to July 10, then to July 24 — while the case has moved back down from the Supreme Court to the lower courts.
Wednesday’s new order does not reverse or reconsider the Supreme Court’s ruling.
It simply follows procedure, waiting until the Supreme Court’s mandate formally returns the case to the D.C. Circuit on July 27. At that point, the appeals court is expected to lift the district court injunction that has blocked termination since February, clearing the way for the Department of Homeland Security to move forward.
What TPS holders should know
- TPS and work authorization remain valid for now, through at least July 27.
- No termination date has been set yet; U.S. Citizenship and Immigration Services is expected to issue updated guidance once the D.C. Circuit acts.
- This is likely one of the final procedural steps before termination takes effect. Advocates and attorneys are urging Haitian TPS holders to consult an immigration attorney now to explore other options for status.
Senate bill fails
Also on Wednesday, the Senate took up a vote on Senate Bill S4814, which sought to provide a three-year extension of protections for Haitian TPS holders.
S4814, the legislative counterpart to H.R. 1689, already passed by the House of Representatives, was introduced in the U.S. Senate by Democratic Senator Ed Markey of Massachusetts and aimed at extending TPS until January 2029. However, when brought to the floor for a vote, Republicans rejected it.
The Haitian Times will continue following this story and update as the D.C. Circuit and DHS act.
