A federal judge’s recent ruling grants Haitians TPS until 2026, blocking President Trump’s attempt to terminate the program prematurely.
While this decision offers some relief, each case is different. That’s why our immigration attorneys in New Jersey can guide you and ensure your immigration protection in the US.
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What is TPS and who qualifies?
Temporary Protected Status (TPS) is an immigration benefit granted by the US government to foreign nationals from certain countries who face dangerous conditions, such as:
- Civil wars.
- Serious humanitarian crises.
- Earthquakes or hurricanes.
This immigration relief allows beneficiaries to live and work legally in the US on a temporary basis.
In Haiti, TPS was granted after the 2010 earthquake and has been renewed several times due to the country’s dire situation. Currently, more than 500,000 Haitians benefit from this status.
Why did the judge block the cancellation of TPS for Haitians?
The federal judge declared the Trump administration’s decision illegal for several reasons:
- The current deadline was not met, as TPS for Haitians is approved until February 2026.
- The government failed to adequately assess the violence, instability, and humanitarian crisis in Haiti.
- Equity principles were violated, as many beneficiaries arranged their lives in the US, confident that their status would be maintained until 2026.
Therefore, the court ordered the program to be fully reinstated.
Why does Haiti still qualify for TPS?
Although the government argued that TPS is a temporary program, the current situation in Haiti remains extremely serious. According to recent data:
- 1.3 million people have been internally displaced due to gang violence.
- Since December, the number of displaced people has increased by 24%, according to the International Organization for Migration ( IOM ).
- An estimated 11% of Haiti’s population has been forced to flee their homes due to the territorial expansion of armed groups.
Given this humanitarian crisis, the judge ruled that canceling TPS under these conditions was premature and unjustified, since safe return to Haiti is not guaranteed.
How does this decision affect TPS beneficiaries?
If you are a beneficiary of TPS for Haitians, here is the key information:
- The status remains in effect until February 2026.
- You can continue to work legally in the US.
- No new procedures are required for now.
- Please stay tuned for upcoming USCIS announcements.
- Although immediate action is not required, it is recommended that you consult with an immigration attorney to protect yourself and avoid missing any important deadlines.
What will happen next?
This decision represents temporary relief but not a permanent solution. In fact, Congress has yet to pass a law granting green cards or US citizenship to TPS holders.
In the meantime, it is recommended:
- Find out if it’s possible to adjust your immigration status through other means. For example, political asylum.
- Stay informed about possible legal or administrative changes.
- Renew your work permit when instructed to do so by USCIS.
Should I renew my TPS or complete any other procedures?
For now, it’s not necessary to renew your TPS, but it’s worth keeping in mind the following:
- The status remains in effect until February 2026 by court order.
- It is important to stay tuned for future instructions from USCIS.
- The decision only applies to Haiti. Therefore, other countries with TPS follow different processes.
- The possibility of adjusting status depends on the case. Some immigrants with TPS may qualify through other avenues, such as marriage to a US citizen, a U visa, or asylum. An attorney can help you evaluate your options.
How can we help you?
At Curbelo Law, we help Haitian and other families protect their immigration status every day.
If you have TPS or would like to explore other legal options such as adjustment of status, work permits, or defense against possible deportation, our team is ready to assist you. Call us today for a confidential consultation and learn about your rights.
