Haiti TPS in Legal Limbo: What the Court Stay, SCOTUS Ruling, and Congressional Bills Mean for You
Haitian TPS holders have been through whiplash over the past year. Termination. Court stay. Supreme Court ruling. New I-9 guidance. Two bills in Congress. Here is exactly what you need to know.
Haiti TPS in Legal Limbo: What the Court Stay, SCOTUS Ruling, and Congressional Bills Mean for You
Haitian TPS holders have been through whiplash over the past year. Termination. Court stay. Supreme Court ruling. New I-9 guidance. Two bills in Congress. Here is exactly what you need to know.
The Timeline
- Nov 28, 2025: DHS Secretary Kristi Noem publishes termination notice. Haiti TPS set to expire Feb 3, 2026.
- Feb 2, 2026: D.C. federal judge issues emergency stay in Miot v. Trump. Termination blocked.
- Jun 25, 2026: Supreme Court rules in Mullin v. Doe. DHS considers it favorable to termination authority.
- Jul 10, 2026: E-Verify issues operational guidance on Form I-9 for Haitian TPS holders.
Current Status: Protected, But Precarious
Haitian TPS remains in effect thanks to the Miot court order. Your Employment Authorization Documents are automatically extended. But E-Verify describes this as "limited relief until the lower courts align with the Supreme Court's decision" — meaning protection could end rapidly.
Form I-9: What to Tell Your Employer
Per the E-Verify Haiti TPS Alert (July 10, 2026): Section 1: Enter "as per court order" as the expiration date. Section 2: Enter "July 24, 2026" and add a note in the Additional Information box. E-Verify cases: Use "July 24, 2026" as the expiration date.
Congress Is Moving
HR1689 — Haiti TPS Designation Requirement Act: Bipartisan bill to require DHS to designate Haiti for TPS. Passed the House. Now on Senate Calendar No. 374.
HR9494 — Haitian Refugee Immigration Fairness Act: Creates a path to permanent residence for Haitian nationals. Waives several inadmissibility grounds. In House Judiciary Committee.
What You Should Do Now
- Print the E-Verify Haiti TPS Alert and give it to your employer
- Check your EAD — if your expiration date matches the extended list, it is automatically extended
- Monitor uscis.gov/haiti-tps for updates
- Contact your Senators about HR1689 and HR9494
- Prepare — the stay could lift quickly once the lower court reviews SCOTUS
