The U.S. Court of Appeals for the District of Columbia Circuit issued a ruling yesterday that Temporary Protected Status (TPS) protections for Haitian beneficiaries must remain in effect until at least July 27, 2026, extending the current deadline beyond the previously announced July 24, 2026 expiration date. The court denied the Administration's request to allow TPS protections to terminate on July 24, finding that the government had not met the legal standard for an emergency stay and noting that the case formally returns to the D.C. Circuit on July 27.
As a result, TPS-related employment authorization for eligible Haitian beneficiaries remains valid through July 27, 2026, pending further action by the court and U.S. Citizenship and Immigration Services (USCIS).
This ruling does not reverse the U.S. Supreme Court's June 25 decision in Mullin v. Doe, which permits the Administration to proceed with terminating TPS protections for Haiti and other affected countries. Rather, the appeals court ruling represents a short procedural extension while jurisdiction formally returns to the D.C. Circuit for final action. The court is expected to lift the remaining injunction after July 27, allowing the Department of Homeland Security to move forward with TPS termination.
Guidance for Employers
Argentum's legal counsel continues to recommend that employers:
- Reverify work authorization for employees who presented TPS-based EADs (categories A12 or C19) by the applicable expiration date once updated USCIS guidance is issued.
- Do not automatically terminate affected employees. Individuals may be eligible to present alternative employment authorization and remain employed.
- Continue monitoring DHS and USCIS announcements for any changes to TPS termination dates and employment authorization guidance.
- Follow normal Form I-9 reverification procedures and review any E-Verify updates concerning affected employees.
- Avoid providing immigration advice and instead encourage affected employees to consult qualified immigration counsel regarding their individual circumstances and any alternative immigration or work authorization options that may be available.
Legislative Outlook
Argentum continues to support congressional efforts to provide greater certainty for Haitian TPS beneficiaries. In particular, Argentum supports H.R. 1689, legislation that would extend TPS protections for eligible Haitians through early 2029. However, despite House passage, the Senate companion measure was blocked this week and failed to advance in the Senate. As a result, legislative relief remains highly unlikely to be enacted before current TPS protections expire.
Important
The current court order extends Haitian TPS protections only until July 27, 2026. While USCIS is expected to issue updated guidance reflecting the court's ruling, employers should continue planning for the likely termination of TPS protections and associated employment authorization thereafter unless further judicial or legislative action occurs.
