Key Points
- DHS has reduced Haiti’s TPS extension from 18 to 12 months, expiring August 3, 2025.
- The registration deadline for new applicants has been adjusted to August 3, 2025.
- Haitian nationals under TPS must update records reflecting the new expiration date.
- DHS cites a lack of justification for the 18-month period and national interest concerns.
- Employers and agencies must update work authorization records accordingly.
Overview
On January 30, 2025, the Department of Homeland Security (DHS) announced a partial vacatur of Haiti’s previous Temporary Protected Status (TPS) extension. Under this decision, Haiti’s TPS designation will now expire on August 3, 2025, instead of February 3, 2026. The move modifies the June 4, 2024, decision by former DHS Secretary Alejandro Mayorkas, which had extended Haiti’s TPS for 18 months.
The DHS stated that the prior 18-month extension lacked a clear explanation for its duration and did not fully address whether allowing Haitian TPS beneficiaries to remain in the US aligns with national interests. By reducing the extension to 12 months, the administration aims to conduct a more thorough review of country conditions before any future extension.
Impact of the Partial Vacatur
TPS Expiration Adjusted:
- Haiti’s TPS designation will expire on August 3, 2025, instead of February 3, 2026.
- DHS will review conditions again by June 4, 2025, to determine further extensions.
Registration Deadline Adjusted:
- The first-time applicant registration period now ends on August 3, 2025.
Employment Authorization Updates:
- Haitian TPS beneficiaries with Employment Authorization Documents (EADs) expiring on February 3, 2026, do not need to reapply. However, employers must update their records to reflect the new expiration date of August 3, 2025.
Potential for Further Review:
- DHS will reassess conditions in Haiti before making another TPS determination. If no decision is made by June 4, 2025, the TPS designation could be automatically extended for six months.
Looking Ahead
The shortened TPS extension means that Haitian nationals who rely on TPS must closely monitor future DHS decisions. If the June 4, 2025, review does not result in an extension, Haiti’s TPS could expire in August 2025.
Employers should update employee records and confirm the validity of work authorization to ensure compliance with the new expiration date. Foreign nationals and employers are encouraged to seek legal guidance to ensure proper documentation and compliance with evolving immigration policies.
Source: Federal Register
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