Visa Lawyer Blog
The first 30 days of the Trump administration have involved dismantling Biden-era immigration protections including ending Temporary Protected Status (TPS) for Venezuelans, and now Haitians.
Before leaving office, the former Secretary of the Department of Homeland Security Alejandro Mayorkas had extended Temporary Protected Status (TPS) protections for Haiti for an 18-month period (until February 3, 2026).
Acting under the Trump administration, today DHS Secretary Kristi Noem partially vacated the Mayorkas extension reducing it from 18 months to 12 months.
As a result, Haiti’s TPS extension and new designation will end on August 3, 2025, instead of February 3, 2026, unless extended by the Trump administration.
First-time registration for Haitians seeking TPS protections will remain in effect until August 3, 2025, instead of February 3, 2026.
DHS said in a statement that by taking action it was making good on its promise to “rescind [Biden] policies that were magnets for illegal immigration,” highlighting that TPS is meant to provide only “temporary” immigration status to certain nationals from countries facing ongoing armed conflict, environmental disasters, and other extraordinary conditions.
The statement went on to say, “for decades the TPS system has been exploited and abused. For example, Haiti has been designated for TPS since 2010. The data shows each extension of the country’s TPS designation allowed more Haitian nationals, even those who entered the U.S. illegally, to qualify for legal protected status.”
A spokesperson defended the reduction of TPS protections for Haiti adding that they have gone on “far longer than justified.”
Last month, Secretary Noem similarly vacated the Biden administration’s Venezuela 2023 TPS extension. Mayorkas had authorized an extension of TPS benefits for Venezuela that was expected to last until October 2, 2026. Noem vacated this extension ordering TPS benefits under the 2023 designation to end on April 2, 2025. A lawsuit was filed in federal court yesterday February 19th challenging the Secretary’s actions.
Venezuelan nationals who were granted TPS under the 2021 designation are work authorized until September 10th.
Those who wish to remain in the United States beyond the TPS expiration dates must consult with an attorney as soon as possible to discuss alternative legal avenues to maintain legal status in the United States. Nationals without a lawful basis to remain in the country will need to prepare to depart or face possible removal from the United States.
For more information, please contact our office.
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Helpful Links
- Secretary Noem Rescinds Previous Administration’s Extension of Haiti’s Temporary Protected Status
- Trump Cuts Protections for Haitians, Putting Them on Track for Deportation
- USCIS Update on TPS for Haiti
- Federal Register Notice: Temporary Protected Status: Haiti; Partial Vacatur
- US embassies told to prepare for staff cuts as Trump overhauls diplomatic corps, sources say
- White House Ends Biden-Era TPS Extension for Venezuelans
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