The Trump administration moved to terminate Temporary Protected Status (TPS) for approximately 352,000 Haitian nationals living in the United States, setting a termination date of February 3, 2026. One day before that deadline, U.S. District Judge Ana Reyes issued an 83-page order blocking the termination in Miot et al. v. Trump et al., finding the Department of Homeland Security’s decision was likely arbitrary, failed required agency consultation, and was substantially likely to violate the equal protection clause of the Fifth Amendment.The government appealed to the U.S. Court of Appeals for the D.C. Circuit, which denied the emergency stay on March 6, 2026. The administration then took the case to the U.S. Supreme Court. The Court granted certiorari before judgment on March 16, 2026, and heard consolidated oral arguments on April 29, 2026, alongside the parallel Syria TPS case, Mullin v. Dahlia Doe. As of June 12, 2026, Haiti TPS remains valid under the district court’s stay order. A Supreme Court decision is expected by early July 2026.TL;DR — Quick SummaryWhat: DHS Secretary Kristi Noem terminated Haiti’s TPS designation effective February 3, 2026. Federal courts have blocked the termination.Who: Plaintiffs are five Haitian TPS holders led by Fritz Emmanuel Lesly Miot, challenging the Trump administration and DHS.Status: Active and ongoing. District court stay in place. Case argued at the U.S. Supreme Court on April 29, 2026. Decision pending.Legal claims: Violation of the Administrative Procedure Act (APA); failure to consult required agencies; equal protection violation under the Fifth Amendment.Affected population: Approximately 352,000 Haitian TPS holders in the United States.Current TPS status: Valid and protected by court order pending the Supreme Court’s decision.Key date: Supreme Court decision expected by early July 2026.Skip To Section Haiti TPS Lawsuit Timeline and UpdatesJanuary 12, 2010 — Haiti Earthquake Triggers Original TPS Designation2011–2020 — Repeated Extensions Under Republican and Democratic AdministrationsJanuary 20, 2025 — Trump Executive Order Targets TPS DesignationsFebruary 24, 2025 — Noem Issues Partial Vacatur, Shortening Haiti TPSJuly 1, 2025 — Eastern District of New York Blocks Early TerminationNovember 28, 2025 — DHS Publishes Final Termination NoticeDecember 5, 2025 — Five Haitian Nationals File Suit in D.C. District CourtFebruary 2, 2026 — Judge Reyes Issues 83-Page Stay OrderFebruary 6, 2026 — Government Appeals; Judge Reyes Upholds OrderMarch 6, 2026 — D.C. Circuit Denies Emergency Stay in Split DecisionMarch 11–16, 2026 — Supreme Court Accepts Case on Expedited BasisApril 29, 2026 — Oral Arguments Before the Supreme CourtWhat Is Temporary Protected Status and How Does It WorkThe Conditions in Haiti the Government Said Didn’t MatterThe Equal Protection Argument: A Pattern Across 15 CountriesThe No-Review Provision: The Government’s Core Jurisdictional ArgumentThe Parallel Cases: How Haiti’s Fight Fits Into a Broader Legal BattleWhat the Five Plaintiffs Represent — and What They RiskEmployer Obligations During Pending LitigationWhat the Supreme Court Will Decide — and Why It Matters Beyond HaitiRead TheseWhat This Lawsuit Teaches ConsumersFrequently Asked QuestionsWhat is the Haiti TPS lawsuit?Is Haiti TPS still valid in June 2026?When will the Supreme Court decide the Haiti TPS case?What is Temporary Protected Status (TPS)?Why did DHS try to terminate Haiti TPS?Who are the plaintiffs in Miot v. Trump?What legal claims do the plaintiffs make?What is the government’s argument that courts cannot review TPS terminations?Can TPS holders work while the lawsuit is pending?Does the Supreme Court ruling affect other TPS countries?What happens if the Supreme Court rules for the government?Can Haitian TPS holders apply for other immigration status?Related posts:Haiti TPS Lawsuit Timeline and UpdatesJanuary 12, 2010 — Haiti Earthquake Triggers Original TPS DesignationA magnitude 7.0 earthquake struck Haiti on January 12, 2010, with its epicenter approximately 17 kilometers from the capital Port-au-Prince. The disaster killed an estimated 300,000 people, injured another 300,000, and displaced more than 1.5 million — roughly 15% of Haiti’s entire population. The earthquake destroyed most of Port-au-Prince’s government infrastructure and crippled the Haitian state’s ability to provide basic services.On January 21, 2010, nine days after the earthquake, the Obama administration designated Haiti for Temporary Protected Status under Section 244(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1254a. The statutory basis was “extraordinary and temporary conditions” that prevented Haitian nationals from returning safely. The initial designation covered Haitian nationals physically present in the United States as of January 12, 2010, and provided protection for 18 months through July 22, 2011. DHS estimated 100,000 to 200,000 Haitians were eligible under the initial designation.2011–2020 — Repeated Extensions Under Republican and Democratic AdministrationsHaiti’s TPS designation was extended repeatedly over the following decade by both Republican and Democratic administrations as the country continued to face compounding crises. These included a cholera epidemic that killed tens of thousands, Hurricane Matthew in 2016, catastrophic flooding, and persistent political instability. The first Trump administration attempted to end Haiti TPS in November 2017, announcing a termination effective July 2019, but that effort was blocked in federal court.In May 2021, DHS Secretary Alejandro Mayorkas issued a new 18-month TPS designation for Haiti, citing “serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources” exacerbated by the COVID-19 pandemic. In July 2021, President Jovenel Moïse was assassinated, further destabilizing the country. A magnitude 7.2 earthquake struck southern Haiti in August 2021. The designation was extended again in December 2022 and redesignated in July 2024 for an additional 18 months, setting a new expiration date of February 3, 2026.January 20, 2025 — Trump Executive Order Targets TPS DesignationsOn his first day in office, President Trump issued an executive order titled “Protecting the American People Against Invasion,” directing that TPS designations be “appropriately limited in scope.” The order set the policy framework the administration would use to dismantle TPS protections across multiple countries throughout 2025.February 24, 2025 — Noem Issues Partial Vacatur, Shortening Haiti TPSDHS Secretary Kristi Noem issued a “partial vacatur” of the Mayorkas July 2024 extension and redesignation of Haiti for TPS. The notice purported to shorten Haiti’s TPS designation from 18 months to 12 months, moving the expiration date from February 3, 2026, to August 3, 2025. Haitian TPS holders, immigration advocacy groups, and the Haitian Evangelical Clergy Association filed suit challenging the partial vacatur in the U.S. District Court for the Eastern District of New York in Haitian Evangelical Clergy Ass’n v. Trump, Case No. 25-cv-1464.July 1, 2025 — Eastern District of New York Blocks Early TerminationU.S. District Judge Brian M. Cogan in the Eastern District of New York ruled that Secretary Noem lacked statutory authority to issue the partial vacatur and set it aside under the APA. The court restored Haiti’s TPS designation through its original end date of February 3, 2026. The government appealed the ruling to the Second Circuit in September 2025. Separately, on July 1, 2025, DHS issued a new Federal Register notice purporting to formally terminate Haiti’s TPS designation effective September 2, 2025, a move subsequently blocked by further litigation.November 28, 2025 — DHS Publishes Final Termination NoticeAfter the earlier termination dates had been successively blocked, DHS published a new Federal Register notice formally terminating Haiti’s TPS designation effective February 3, 2026 (90 Fed. Reg. 54,733). Secretary Noem stated that Haiti “no longer met the conditions” for TPS designation.The termination notice acknowledged “escalating violence and gang violence” in Port-au-Prince while nevertheless concluding that conditions no longer met the statutory threshold for TPS. The State Department simultaneously maintained its highest-level “Level 4: Do Not Travel” advisory for Haiti, the same rating applied to active war zones. In October 2025, the United Nations reported that displacement in Haiti had reached an unprecedented 1.4 million people, a 36% increase from the end of 2024. Gangs controlled an estimated 90% of Port-au-Prince. The State Department had designated two Haitian gang coalitions, Viv Ansanm and Gran Grif, as Foreign Terrorist Organizations in May 2025.December 5, 2025 — Five Haitian Nationals File Suit in D.C. District CourtFive Haitian TPS holders filed suit in the U.S. District Court for the District of Columbia, assigned to Judge Ana C. Reyes as Miot et al. v. Trump et al., No. 25-cv-02471-ACR. The five named plaintiffs were: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease; Rudolph Civil, a software engineer at a national bank; Marlene Gail Noble, a laboratory assistant in a toxicology department; Marica Merline Laguerre, a college economics major; and Vilbrun Dorsainvil, a full-time registered nurse. Plaintiffs argued the termination violated the APA and the Fifth Amendment’s equal protection guarantee. The AFL-CIO, 15 states, and members of Congress filed amicus briefs supporting plaintiffs’ motion to stay the termination.February 2, 2026 — Judge Reyes Issues 83-Page Stay OrderOne day before the scheduled termination, Judge Ana Reyes issued a comprehensive stay under APA Section 705, blocking DHS from terminating Haiti’s TPS designation. The 83-page opinion found on three distinct legal grounds that the termination was substantially likely to be unlawful.First, the court found the decision was “arbitrary and capricious” under the APA. Judge Reyes found that Secretary Noem’s own administrative record contradicted her conclusion that Haiti no longer met TPS criteria. The court noted that the State Department’s Level 4 travel advisory, the UN’s displacement figures, and the designation of Haitian gangs as Foreign Terrorist Organizations all appeared in the record, yet the Secretary concluded conditions had improved enough for safe return. The court found this internal contradiction made the decision arbitrary on its face.Second, the court found DHS failed to consult with other federal agencies as required by statute before issuing the termination. The INA requires the Secretary to consult with appropriate government agencies before making TPS determinations. The administrative record showed this consultation was inadequate.Third, the court found it was “substantially likely” the termination violated the equal protection clause of the Fifth Amendment. The plaintiffs’ second amended complaint alleged a pattern of DHS terminating TPS for 15 predominantly non-white countries, arguing this pattern showed a predetermined agenda based on racial animus rather than genuine country-condition analysis. The court found this argument likely to succeed on the merits.In assessing harm, the court found plaintiffs faced “risk of detention and deportation, separation from family members, and loss of work authorization,” while the government had declined to represent that it would facilitate TPS holders’ return to the United States if they ultimately prevailed in the litigation. The government, by contrast, could wait for litigation to resolve before enforcing the termination, as courts in related cases had already found.February 6, 2026 — Government Appeals; Judge Reyes Upholds OrderThe government appealed to the U.S. Court of Appeals for the D.C. Circuit and simultaneously asked Judge Reyes to rescind her order. On February 12, after hearing arguments from both sides, Judge Reyes denied the government’s motion to stay pending appeal. During the hearing, she took the unusual step of reading aloud death threats and profane messages she had received after her initial ruling, and addressed the threats publicly from the bench. “We will continue to do our jobs as best as we know how,” she said.March 6, 2026 — D.C. Circuit Denies Emergency Stay in Split DecisionA divided panel of the U.S. Court of Appeals for the D.C. Circuit denied the government’s motion for emergency stay pending appeal, leaving Judge Reyes’s order in place. The majority found the same factors that led the district court to act, particularly the harm to plaintiffs and the contradictions in the administrative record, weighed against granting the stay. Circuit Judge Walker dissented, arguing the government was likely to succeed on the merits because of the TPS statute’s no-judicial-review provision at 8 U.S.C. § 1254a(b)(5), and that Supreme Court and Ninth Circuit precedents in similar cases supported granting the stay.March 11–16, 2026 — Supreme Court Accepts Case on Expedited BasisOn March 11, the Solicitor General filed an emergency application with the U.S. Supreme Court in Trump v. Miot, seeking both an immediate stay of the district court order and expedited merits review. On March 16, the Supreme Court granted certiorari before judgment, the first time the Court had taken an immigration TPS case of this kind on a pre-judgment accelerated basis. The Court consolidated the Haiti case with the parallel Syria case, Mullin v. Dahlia Doe, and set oral argument for the second week of April. Critically, the Court declined to stay the district court’s order in the interim, meaning Haiti TPS remained valid while the case proceeded.April 29, 2026 — Oral Arguments Before the Supreme CourtThe Supreme Court heard consolidated oral arguments in Trump v. Miot and Mullin v. Dahlia Doe on April 29, 2026. The session represented the first time the Court substantively addressed the government’s claim that TPS terminations are entirely unreviewable by the judiciary under the TPS statute’s no-review provision. Solicitor General D. John Sauer argued for the government that courts have no authority to second-guess the Secretary’s TPS determinations and that the district court’s order represented improper judicial interference with executive immigration authority.Haitian plaintiffs were represented by Just Futures Law, Bryan Cave Leighton Paisner (BCLP), Kurzban Kurzban Tetzeli and Pratt, and Giskan Solataroff and Anderson. Syrian plaintiffs were represented by the International Refugee Assistance Project (IRAP), Muslim Advocates, Van Der Hout LLP, the ACLU, and the Center for Immigration Law and Policy at UCLA School of Law. The stakes extend beyond Haiti and Syria: the administration’s argument, if accepted, could remove judicial oversight from all TPS termination decisions affecting more than 1.3 million people across 17 design