Haitian TPS
|

Haitian TPS Extended by Court Order: Employer I-9 Considerations

Maggio Kattar

Haiti’s TPS designation was originally scheduled to terminate on February 3, 2026, following a DHS decision published in the Federal Register on November 28, 2025. Under that notice, Haitian TPS beneficiaries would have lost both TPS protection and employment authorization as of that date absent further action.

Before the termination took effect, however, litigation was filed challenging DHS’s decision. On February 2, 2026, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued an order staying the termination of Haitian TPS while the case proceeds.

The court granted the stay under 5 U.S.C. § 705 to preserve the status quo, meaning Haitian TPS beneficiaries continue to hold lawful status and employment authorization during the pendency of the litigation, unless and until the court rules otherwise.

What The Haitian TPS Extension Means for Employers

This extension does not follow the usual TPS framework. There is:

  • No new Federal Register notice
  • No revised TPS expiration date
  • No USCIS guidance addressing Form I-9 compliance in this scenario

Employers should expect that TPS beneficiaries may present expired EADs as evidence of continued work authorization during the stay period.

In the absence of USCIS direction, there is no single prescribed method for documenting Form I-9 compliance. What is most important is that any documentation maintained to support acceptance of an expired EAD clearly explains why it was accepted, including its connection to the court-ordered TPS extension while litigation remains pending.

This is a fluid situation. Employers must stay alert to developments, and we will continue to monitor and flag updates as they occur.

For questions regarding how to document Form I-9 compliance for Haitian TPS employees during this period, please contact your Maggio-Kattar attorney.