District Court Blocks DHS Curtailment of Haiti TPS

Earlier this week, federal district judge in New York ruled that Homeland Security Secretary Kristy Noem’s February decision to truncate the 2024 extension of Haiti Temporary Protected Status (TPS) from 18 months to 12 months exceeded her authority, and on that basis, the court vacated the decision as unlawful under the Administrative Procedure Act (APA).

The case is Haitian Evangelical Clergy Ass’n v. Trump, 25-cv-01464 (E.D.N.Y., order issued July 1, 2025).

Haiti was most recently designated for TPS in August 2021, and in July 2024, the former administration extended and redesignated Haiti for TPS for an 18-month period from August 3, 2024 through February 3, 2026.  Earlier this year, however, Secretary Noem shortened that designation from 18 months to 12 months and announced that TPS for Haiti would expire on August 3, 2025 rather than the previously scheduled expiration date of February 3, 2026. 

Last Friday, Secretary Noem announced that DHS would not extend TPS for Haiti beyond the truncated expiration date of August 3, 2025, but that TPS beneficiaries would be granted a 60-day transition period, through September 2, 2025.

This week’s district court decision raises the prospect that the previous February 3, 2026 expiration date for Haiti TPS might be restored. However, the government is expected to appeal the decision, and further proceedings should clarify the impact of the decision.