Temporary Protected Status for Haitians Ends February 2026

The Department of Homeland Security (“DHS”) has announced the termination of Temporary Protected Status (“TPS”) for nationals of Haiti. Following a review of current country conditions, DHS has determined that Haiti no longer meets the conditions for TPS.  DHS has also concluded that allowing Haitian nationals to remain in the United States is contrary to national interest.

As a result, the termination will take effect 60 days after publication in the Federal Register, meaning that Haitian’s TPS status and all associated benefits—including work authorization and travel privileges—will no longer be valid starting February 3, 2026.

By way of background, TPS is available to nationals of countries experiencing ongoing armed conflict, environmental disaster, epidemic, or other extraordinary and temporary conditions that prevent safe return. TPS allows individuals to live and work in the United States until conditions in their home country improve sufficiently to permit safe repatriation.

Haiti was first designated for TPS in 2010 following a devastating earthquake, and the designation has been extended repeatedly in response to subsequent natural disasters. Political instability has further compounded these challenges, with governance issues and widespread gang violence affecting the safety and basic services in the country.

The administration attempted to terminate Haiti’s TPS on July 1, 2025, reasoning that conditions had improved sufficiently to allow for safe return. That attempt was blocked by a federal court, which ruled that the TPS designation could not be terminated before February 3, 2026.

The Secretary of Homeland Security has now announced DHS’s intent to formally terminate the designation effective on that date. The November 28, 2025, Federal Register notice cites national interest considerations as the rationale for termination, while acknowledging that certain concerning conditions persist in Haiti. This termination is expected to affect approximately 353,000 (!) Haitian nationals currently residing in the United States under TPS.

Haitian TPS beneficiaries must depart the United States by February 3, 2026, unless they obtain another lawful immigration status. Individuals departing the United States should report their timely exit through the U.S. Customs and Border Protection CBP Home App.

This alert is for informational purposes only. Please contact us if you would like to discuss this development further.