What Haitian Nationals in the U.S. Must Know
On July 1, 2025, the Department of Homeland Security (DHS) published a final notice announcing the termination of Haiti’s Temporary Protected Status (TPS), effective September 2, 2025 at 11:59 p.m. This decision follows a statutory review process and determination by the Secretary of Homeland Security that Haiti no longer meets the criteria for a TPS designation under the Immigration and Nationality Act (INA).
What Is Temporary Protected Status (TPS)?
TPS is a temporary humanitarian immigration benefit granted to nationals of designated countries experiencing extraordinary conditions such as armed conflict or environmental disasters. While designated, beneficiaries may remain in the U.S., work legally, and obtain travel authorization. TPS does not confer or lead to lawful permanent resident status.
Why Is TPS for Haiti Being Terminated?
The Secretary of Homeland Security, after consulting with various U.S. government agencies, concluded that:
- Extraordinary and temporary conditions in Haiti no longer prevent the safe return of its nationals.
- Continuing TPS designation is inconsistent with the U.S. national interest, which includes considerations of national security, public safety, migration trends, and immigration enforcement.
Despite continued instability in Haiti — including gang violence, a weak central government, and humanitarian crises — the Secretary cited a growing risk to U.S. public safety and immigration infrastructure. Citing data such as visa overstay rates exceeding 30% and a surge in unauthorized migration, DHS emphasized that TPS is not a mechanism for managing long-term displacement or migration pressures.
Who Is Affected?
Approximately 348,000 Haitian nationals (and stateless individuals who last resided in Haiti) currently hold TPS. According to USCIS, about 15,578 of these individuals have since acquired lawful permanent resident (green card) status. All others will lose TPS protection after the effective date unless they:
- Have obtained another valid immigration status, OR
- File for a change of status or relief, if eligible, before September 2, 2025.
What Happens Next?
- TPS ends on September 2, 2025.
- Employment Authorization Documents (EADs) previously issued under Haiti’s TPS will remain valid through the end date.
- There will be no additional transition period beyond the required 60 days.
- After September 2, affected individuals must leave the U.S., seek another immigration status, or risk accruing unlawful presence.
Legal Considerations and Next Steps
This termination is not subject to judicial review, and no appeal rights exist under the TPS statute. That said, individuals may consult with an immigration attorney to explore:
- Adjustment of status (if eligible)
- Deferred Action or Humanitarian Relief
- Family- or employment-based petitions
- Voluntary departure options
At Ahluwalia Law Offices, we understand that this announcement may cause uncertainty and hardship for Haitian TPS holders and their families. We are here to help you evaluate your legal options before the September 2 deadline.
