03/09/2026
Friday, March 6, 2026, the legal saga surrounding Temporary Protected Status (TPS) for Haitians took another turn. The federal appeals court in Washington, D.C., upheld Judge Ana C. Reyes's ruling by a 2-1 vote, dealing a blow to the Trump administration by refusing to authorize immediate deportations.
The court emphasized that the government had not provided a satisfactory explanation as to why its failure to end TPS for Haiti on the originally scheduled date was acceptable for several months, but now constituted certain, serious, and imminent harm.
In the meantime, Haitians benefiting from TPS protection can continue to reside and work legally in the United States. This status quo is expected to remain in place for at least several months, unless the government obtains a stay from the Supreme Court or until the case is heard on its merits by a federal court. In the latter case, the Haitian plaintiffs could lose their appeal, which could take several months.
The lawyers for the Haitian plaintiffs, who are challenging the decision to end TPS, welcomed the appeals court's rejection of the Trump administration's request to suspend the lower court's ruling. The Trump administration, which recently dismissed Homeland Security Secretary Kristi Noem and replaced her with Senator Markwayne Mullin of Oklahoma, a staunch Trump ally, has not yet announced its intentions.
However, it should be noted that the Trump administration has filed an emergency appeal with the Supreme Court asking the justices to rule on the President's authority to make decisions regarding the termination of TPS. An important decision is pending that could change everything...
