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On June 27, 2025, the Trump administration announced it is terminating Temporary Protected Status (TPS) for Haiti, affecting approximately 348,000 individuals. The administration set an effective termination date of September 2, giving Haitian nationals just 67 days to prepare for potential deportation. Previously, the Biden administration had extended Haiti TPS through February 3, 2026. The termination of TPS for Haiti was temporarily halted by a federal judge on July 1, which found that the U.S. Department of Homeland Security (DHS) acted unlawfully by ignoring statutory protections ensuring TPS recipients receive sufficient notice of termination, which are usually met by allowing previous extensions to expire as scheduled. While this judicial intervention provides temporary relief for Haitian nationals, the legal outlook remains uncertain as the U.S. Supreme Court permitted the Trump administration to strip TPS protections from 350,000 Venezuelans under similar circumstances on May 19. While the Court did not address statutory notice requirements in its short, unsigned opinion on Venezuela TPS, its ruling suggests the Haiti termination may ultimately withstand legal challenge.
Initial Designation
Context
Haiti’s initial designation for TPS was a response to the massive earthquake that struck the country on January 12, 2010, one of the most devastating natural disasters in modern history. The magnitude 7.0 earthquake and the subsequent magnitude 6.1 aftershock on January 20 fundamentally altered the developing nation’s trajectory, killing over 300,000 people and injuring an estimated 300,000 more. The seismic event caused catastrophic damage across Haiti’s most populated regions, with the epicenter’s proximity to the capital maximizing the destruction to government infrastructure and population centers, crippling the Haitian government’s ability to provide basic services. The disaster displaced over 1.5 million people internally, nearly 15% of Haiti’s total population, forcing them into overcrowded temporary camps with inadequate sanitation, shelter, and security.
Administrative Response
The Obama administration announced the designation of TPS for Haiti on January 15, 2010, just three days after the earthquake. The administration’s decision was predicated on the determination that “extraordinary and temporary conditions” in the country prevented nationals of Haiti already in the U.S. from returning safely, specifically citing the “environmental disaster” and the “substantial, but temporary, disruption of living conditions” caused by the earthquake.[1] The initial designation provided protection for Haitian nationals who were physically present in the U.S. as of January 12, 2010. The TPS designation was granted for 18 months, providing protections through July 22, 2011, giving Haiti time to begin recovery efforts.
Redesignations and Extensions Under Multiple Administrations
Context
TPS extensions must be granted at least 60 days before a designation expires, and the Secretary of Homeland Security can decide to redesignate a country at any time during the initial designation. According to the Congressional Research Service, under multiple administrations, TPS has been redesignated and extended for a “different or additional reason than previously designated.” Since 2010, TPS for Haiti has been redesignated and extended under multiple administrations due to the consecutive, compounding natural disasters, public health crises, and political instability that have prevented the country’s recovery and made safe return impossible for Haitian nationals.
Major natural disasters have repeatedly affected Haiti since 1998. Just as Haiti was beginning to grapple with recovery from the historic earthquake in January 2010, a devastating cholera epidemic emerged in October 2010. The outbreak quickly spread from a rural region across the entire country, killing more than 6,000 and infecting almost half a million people in a year. The epidemic was later traced to contamination by United Nations (UN) peacekeepers deployed from Nepal to respond to the earthquake. Recovery was further hampered by Hurricane Sandy in 2012, which caused severe flooding and agricultural damage across Haiti’s southern regions. Hurricane Matthew then struck in 2016 as a Category 4 storm, destroying at least 20,000 homes and causing $2.8 billion in economic losses. With recovery efforts from Matthew ongoing, another major earthquake struck on August 14, 2021, registering 7.2 magnitude and killing over a thousand people.
The Haitian government, “shaken by coups, foreign interference, army insurrection and rigged elections” for over 40 years, struggled to provide basic services in the wake of these disasters. Haiti’s political crisis deepened significantly under President Jovenel Moïse, who took office in February 2017 amid allegations of fraud and with only 21% voter turnout. Under his leadership, Haiti did not hold elections for four years, leaving the country without a functioning legislature by January 2020. The breakdown of democratic institutions accelerated as corruption weakened state capacity.
The assassination of President Moïse on July 7, 2021, created a power vacuum that was quickly exploited by gangs. Violence soared throughout 2023 as gangs consolidated control of Haiti’s capital, Port-au-Prince. By early 2024, criminal groups united under the “Viv Ansanm” coalition had begun to carry out increasingly coordinated attacks, and the U.S. State Department designated it as a “Foreign Terrorist Organization” in early 2025. As of July 2025, the United Nations estimates that 90% of Port-au-Prince is under the control of criminal groups, as gangs continue expanding attacks into previously peaceful areas. The State Department has maintained its highest-level “Do Not Travel” advisory for Haiti since March 2020, warning that “the government cannot guarantee the protection of U.S. citizens against criminal actions.” The travel advisory emphasizes that Haiti has been “under a State of Emergency since March 2024” and that there is a “substantial risk of being struck by stray bullets, even for individuals not directly involved in the violence.”
Administrative Responses
The Obama administration redesignated Haiti for TPS on May 19, 2011, extending protection through January 22, 2013, specifically citing the slow pace of earthquake recovery and the emergence of the cholera epidemic as new extraordinary conditions. The administration then granted additional extensions, citing Hurricane Sandy and other storms’ impact, ongoing cholera outbreaks, and continued infrastructure challenges. These extensions provided continuous coverage through July 22, 2017, with each action lasting the full statutory maximum of 18 months.
During his first term, President Trump initially authorized a six-month extension of Haiti’s TPS on May 24, 2017, extending protections through January 22, 2018. However, this extension was notably shorter than the typical 18-month period and included explicit warnings that Haiti “may not warrant further TPS extension past January 2018.” The administration’s subsequent attempt to terminate Haiti’s TPS, announced on November 20, 2017, with an effective date of July 22, 2019, triggered complex federal litigation. A federal judge initially enjoined the termination in October 2018 in Ramos v. Nielsen, finding that the decision to terminate TPS for Haiti and several other countries violated the Administrative Procedure Act and was potentially motivated by racial animus. The Ninth Circuit Court of Appeals reversed this decision in 2020, but, due to court injunctions and other rulings, TPS protections remained in effect throughout the first Trump administration.
The Biden administration announced that it would redesignate Haiti for TPS on May 22, 2021, allowing current beneficiaries to avoid a gap in coverage. Following the assassination of President Jovenel Moïse in July 2021 and the August 2021 earthquake, the administration redesignated Haiti for TPS on August 3, 2021, providing protections through February 3, 2023. The administration cited “serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic.” It subsequently granted two additional redesignations and extensions through February 3, 2026. Through these redesignations, the Biden administration expanded TPS eligibility to newly arrived Haitians, ultimately covering an estimated 348,000 individuals. The administration also updated existing family reunification programs and created the Cuba, Haiti, Nicaragua, and Venezuela parole program (CHNV), which included innovative private sponsorship processes.
Termination Under the Second Trump Administration
When the second Trump administration announced it was terminating TPS for Haiti on June 27, 2025, Secretary of Homeland Security Kristi Noem claimed that “the environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home.” This assertion is at odds with the recent State Department advisories and well-chronicled conditions of “grave insecurity, gang violence, [and] socio-economic collapse,” repeatedly cited in redesignations and extensions of Haiti TPS.
However, the administration’s official Federal Register notice presents an entirely different justification for the termination of Haiti TPS. Rather than claiming conditions in Haiti had improved, the notice explicitly acknowledges that conditions in Haiti remain unsafe. The administration asserts that these very conditions justify termination rather than continued protection, with Secretary Noem determining that “permitting Haitian nationals to remain temporarily in the United States is contrary to the national interest.” The administration argues that Haiti’s deteriorating security situation, characterized by gang violence and an absence of functioning government authority, creates an untenable screening and vetting environment that poses direct risks to U.S. public safety and national security, making continued protections counterproductive despite the ongoing humanitarian crisis. While the Immigration and Nationality Act (INA) grants the Secretary broad discretion to make national interest determinations, many observers contend that revoking the legal status and subjecting hundreds of thousands of Haitians to deportation would undermine regional stability and damage U.S. diplomatic relationships, outcomes that would harm rather than serve America’s national interest.
Impact of the Termination of Haiti TPS
The data reveal that Haitian TPS holders are not merely recipients of American generosity but are highly productive, taxpaying members of communities whose removal would create harmful economic effects in the U.S. The revocation of legal status and accompanying work authorization for approximately 348,000 Haitian TPS holders threatens to disrupt key sectors of the U.S. economy.[2] Employers across the country are facing the loss of longstanding authorized workers, creating workforce strains in critical industries where Haitian nationals have established themselves as essential contributors.
Haitian workers are well-represented in key service industry positions, including healthcare, elder care, hospitality, and food services. Many serve as nursing assistants, home health aides, and support staff in hospitals and long-term care facilities, roles that have become even more critical in the wake of ongoing labor shortages. The sudden loss of this workforce could exacerbate staffing shortfalls and lead to turnover costs for employers forced to recruit and train replacements. Haitian TPS holders also contribute an estimated $5.8 billion to the U.S. economy and pay $1.5 billion in taxes annually. This economic activity supports communities through consumer spending, housing demand, and local business patronage.
In addition, remittances sent by TPS holders in the U.S. play an important role in supporting a faltering Haitian economy. Reducing remittance flows due to the termination of TPS could trigger further economic instability in Haiti, potentially triggering additional social instability. Remittances from Haitian TPS holders directly sustain private consumption, pay for school fees and healthcare, and help drive down extreme poverty rates. They also indirectly support the Haitian state, as public authorities depend heavily on customs revenues from imports, which are primarily financed by remittances. Furthermore, remittances help prevent further depreciation of the Haitian currency against the U.S. dollar, keeping prices relatively stable for essential imported goods like food, medicine, and fuel.
Conclusion
Haitian TPS holders have resided in the U.S. lawfully for many years and established deep roots in American communities, but are now facing removal to a country that the State Department warns Americans not to visit due to ongoing violence and governmental collapse. The decision to terminate Haiti TPS, despite the U.S. government’s own acknowledgement of ongoing danger and instability in Haiti, is inconsistent with prior U.S policies and at odds with the purpose of TPS. If ultimately upheld in the courts, the termination of Haiti TPS will force hundreds of thousands of Haitians with temporary protections to leave the U.S. with no safe or viable alternatives for continued work authorization and legal status.
[1] A country may be designated for TPS based upon one or more of the following three statutory grounds: ongoing armed conflict, environmental disasters or epidemics, or extraordinary and temporary conditions.
[2] In September 2024, of the approximately 261,000 Haitian TPS holders then in the U.S., about 108,000 were participants in the labor force, meaning the current number of Haitian TPS holders legally employed in the U.S is likely much higher