End of Temporary Protected Status for Haiti Explained
June 30, 2025
On June 27, 2025, the Department of Homeland Security (DHS), under the leadership of Secretary Kristi Noem, announced the termination of Temporary Protected Status (TPS) for Haiti. This decision directly impacts thousands of Haitian nationals currently residing in the United States under TPS protection.
Key Dates:
TPS Designation Expires: August 3, 2025
TPS Terminates: September 2, 2025
What is TPS?
TPS is a humanitarian program created under the Immigration Act of 1990 (INA §244).
It protects nationals of certain countries from removal and allows them to live and work in the U.S. temporarily.
TPS is granted due to ongoing armed conflict, environmental disasters, or other extraordinary conditions.
It does not provide permanent residency and does not guarantee any future immigration status.
Why is Haiti’s TPS Ending?
DHS conducted a review in consultation with the Department of State and determined Haiti no longer meets TPS criteria.
The decision cites improvements in environmental and safety conditions.
DHS stated continuing TPS for Haiti is no longer in the national interest.
Impact of Termination:
Work authorization and protection from deportation ends on September 2, 2025.
Any EAD valid beyond that date becomes invalid once TPS ends.
Individuals without another valid immigration status will begin to accrue unlawful presence.
Who Qualifies for TPS?
Nationals of the designated country (or stateless individuals last residing there).
Continuously present in the U.S. since the required designation date.
May have entered unlawfully or overstayed a visa and still be eligible.
Must file Form I-821 and undergo biometrics/background checks.
What Forms Are Filed?
Form I-821: To apply for TPS.
Form I-765: To apply for an Employment Authorization Document (EAD).
Form I-912 (optional): To request a fee waiver, based on financial hardship or low income.
Can TPS Holders Work?
First-time EAD applicants must wait for approval before working.
Renewal applicants can work for up to 540 days with a receipt notice if the renewal is timely.
USCIS typically adjudicates TPS and EAD applications together; processing takes about 4–10 months.
Does USCIS Learn About Prior Unlawful Presence?
Yes. Applying for TPS requires submission of biometrics and immigration history.
DHS will be aware of prior unlawful entry or overstay.
However, TPS provides protection from removal while active or pending.
Can TPS Holders Change or Adjust Status?
Generally cannot change to nonimmigrant status (e.g., F-1 or H-1B) after status violations.
May adjust status if:
They are immediate relatives of a U.S. citizen;
They were inspected or paroled into the U.S.;
They qualify under INA §245(i).
Reentry on advance parole may help some TPS holders become eligible for adjustment.
Criminal or Medical Requirements:
No medical exam (Form I-693) is required.
Background check is required.
Two misdemeanors or one felony can make a person ineligible.
What Happens After TPS Ends?
Individuals must:
Depart the U.S. before September 2, 2025, or
Obtain a different lawful status if eligible.
Remaining after that date without legal status may result in removal.
Departure via CBP One™ App:
DHS recommends using the CBP One™ app to report departure.
Helps CBP record timely exit, which may assist with future immigration benefits.
Families and Children:
Each family member (including children) must file a separate Form I-821.
Families can apply concurrently but must file individually.
Can TPS Holders Receive Public Benefits?
TPS holders are not eligible for most federal benefits (e.g., Medicaid, SNAP).
Must support themselves or seek help from nonprofit organizations.
Which Countries Currently Have TPS? (note that a 60 days TPS wind down period is usually given which will start from the status end date)
Country
TPS Start Date
Status / End Date
Reason
El Salvador
Mar 9, 2001
Active—Ends Sept 9, 2026
Earthquakes
Honduras
Jan 5, 1999
Active—Ends July 5, 2025
Hurricane Mitch
Nicaragua
Jan 5, 1999
Active—Ends July 5, 2025
Hurricane Mitch
Haiti
Jan 21, 2010
Active—Ends Feb 3, 2026 (court blocked Sept 2, 2025 end)
Earthquake, instability
Nepal
Jun 24, 2015
Active—Ends June 24, 2025
Earthquake
Syria
Mar 29, 2012
Active—Extended through Jan 29, 2026
Civil war
Yemen
Sept 3, 2015
Active—Extended through July 10, 2026
Armed conflict
Ukraine
Apr 19, 2022
Active—Extended through Jan 17, 2026
Russian invasion
Venezuela
Mar 9, 2021
Active—Ends Feb 5, 2025 (2023 designation terminated); current designation through Sep 10, 2025
Humanitarian crisis
Afghanistan
May 20, 2022
Active—Ends July 12, 2025
Taliban takeover
Burma (Myanmar)
May 25, 2021
Active—Ends Nov 25, 2025
Military coup
Ethiopia
Dec 12, 2022
Active—Ends Dec 12, 2025
Armed conflict
Sudan
May 3, 2013
Active—Extended Jan 17, 2025 through Oct 19, 2026
Armed conflict
South Sudan
Nov 2, 2020
Active—Extended May 6, 2025 through Nov 3, 2025
Civil war
Cameroon
Jun 7, 2022
Active—Ends Aug 4, 2025
Humanitarian crisis / Anglophone crisis
How Did Ukrainians Enter?
Most did not come under TPS.
Instead, they entered via the Uniting for Ukraine (U4U) parole program.
TPS was later designated as an option for those already present.
How Quickly Can DHS Designate TPS?
Designations can occur within weeks of a qualifying event.
USCIS typically opens a 180-day registration period.
What Should Haitian TPS Holders Do Now?
Explore other immigration options (e.g., adjustment of status, asylum, U visa).
Consult with an immigration attorney.
Prepare to depart before September 2, 2025, if no other status is available.
Report departure using the CBP One™ app to protect future eligibility.
Litigation History and Injunction Limits:
During the Trump administration, DHS attempted to terminate TPS for Haiti, El Salvador, Nicaragua, Sudan, Honduras, and Nepal.
These efforts were met with significant legal challenges. Federal courts initially issued nationwide injunctions that blocked the termination of TPS for many of these countries.
However, in June 2025, the U.S. Supreme Court issued a major decision in Trump v. CASA, ruling that lower federal courts lack the authority to issue nationwide injunctions in most immigration cases.
This decision sharply limits the scope of relief courts can grant. Future TPS-related lawsuits may now only protect the individual plaintiffs or certified class members, rather than all beneficiaries.
As a result, individuals relying on TPS may not be shielded from termination by broad injunctions in future legal battles unless they are part of a certified class in a class action law suit.
Final Thought:
Haitian nationals who remain in the U.S. after the termination date without lawful status will be vulnerable to immigration enforcement. Prompt action is essential to preserve eligibility for future immigration benefits.
Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit:
https://www.vnathan.com/
