On February 2, 2026, a federal district court issued a stay under 5 U.S.C. § 705, temporarily blocking the Department of Homeland Security’s (DHS) decision to end Haiti’s temporary protected status (TPS). The ruling keeps the termination from taking effect while the case continues, meaning Haitian TPS holders maintain their protections for now and DHS cannot move forward with ending the program unless the stay is lifted.
What the Court’s Stay Does
The order from Judge Reyes in the U.S. District Court for the District of Columbia freezes DHS’s planned February 3, 2026, termination of Haiti’s TPS designation and keeps the current system in place during the lawsuit. The government must comply by identifying which employment authorization documents (EADs) are automatically extended under the court’s direction. The stay is not a final judgment and could change if higher courts intervene.
What This Means for TPS Holders and Employers
The order preserves the status and work authorization of TPS beneficiaries from Haiti during litigation. Any extensions of work authorization should be confirmed through official DHS or U.S. Citizenship and Immigration Services (USCIS) notices. As of February 4, 2026, USCIS has updated its website confirming the work authorization extension while simultaneously vowing to appeal.
According to USCIS’s updated guidance, EADs issued under Haiti’s TPS designation with original expiration dates of February 3, 2026; August 3, 2025; August 3, 2024; June 30, 2024; February 3, 2023; December 31, 2022; October 4, 2021; January 4, 2021; January 2, 2020; July 22, 2019; January 22, 2018; or July 22, 2017 are extended pursuant to the court’s order. Employers should review USCIS’s updated instructions before taking steps to update I‑9 records to reflect any work authorization extensions. It is also advisable to retain a printout of USCIS’s update confirming extended work authorization with the I-9 file should the TPS extension be reversed.
Employers should continue accepting valid TPS-related documents in line with USCIS guidance. If an employee presents an EAD past its printed expiration date, employers should check for USCIS notices extending its validity and follow standard I‑9 reverification rules. Importantly, companies should not take adverse action based on TPS-related uncertainty and should wait for clear, formal guidance from USCIS or contact immigration counsel for guidance.
What the Government Is Likely to Do Next
The federal government is expected to appeal the ruling and ask the appellate court to reverse the district court’s stay. In the meantime, agencies may release operational updates, such as USCIS updates, to explain how the stay will be implemented.
Key Risks and Timing
The situation could shift quickly if an appellate court steps in to change or suspend the stay. If that does not occur, the stay will remain in place until the district court makes a final decision. During this period, DHS could revise timelines or document-validity rules, making it essential for employers to monitor developments closely.
For guidance tailored to your specific circumstances, please contact the Alston & Bird Immigration Team.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
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