- with readers working within the Banking & Credit, Business & Consumer Services and Insurance industries
- within Energy and Natural Resources topic(s)
Takeaways
- Haitian TPS will not end 02.03.26 after a federal court stayed DHS's 11.28.25 termination notice.
- Venezuela TPS is not reinstated despite the Ninth Circuit ruling, because a U.S. Supreme Court stay remains in effect pending further appeals.
- As the latest developments show, TPS rules differ sharply by country, requiring careful, individualized employer review.
On Jan. 28, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that DHS lacked statutory authority to "vacate" prior Temporary Protected Status (TPS) designations for Haiti and Venezuela and then terminate TPS early based on those vacaturs.
Because the TPS statute does not authorize retroactive vacatur, the Ninth Circuit ruled the terminations were unlawful agency action and must be set aside nationwide.
Haiti TPS: Termination Stayed
For Haiti, the Ninth Circuit restored the pre-vacatur status quo. However, the court did not address DHS's Nov. 28, 2025, Federal Register notice terminating Haitian TPS effective 11:59 p.m. on Feb. 3, 2026.
DHS maintained that this notice independently and lawfully ended Haitian TPS on that date. However, on Feb. 2. 2026, a federal judge in Washington, D.C. blocked DHS from enforcing its November 2025 termination notice, preserving TPS and work authorization for now.
As a result:
- Haitian TPS does not expire on Feb. 3, 2026
- Employment authorization tied to Haitian TPS remains valid
- DHS may not implement the termination while the case proceeds
The District Court in D.C. concluded that the plaintiffs are likely to succeed on the merits of their case and would suffer irreparable harm absent a stay. The decision preserves the status quo while litigation continues.
This stay does not permanently resolve the future of Haitian TPS, but it removes the immediate expiration risk that employers were preparing for this week.
Venezuela TPS: U.S. Supreme Court Stay Still Controls
Although the Ninth Circuit ruled against DHS's vacatur authority, Venezuela TPS is not restored, because a Supreme Court stay remains in effect pending completion of appellate review.
As a result:
- Venezuela TPS is not broadly reinstated
- Only the following individuals remain work authorized:
- Individuals who re-registered under the Jan. 17, 2025, extension; and
- have Form I-765 receipt notices dated on or before Feb. 5, 2025
- For this group, employment authorization runs through Oct. 2, 2026
Unless the Supreme Court declines to hear the appeal, lifts the stay, or issues a merits decision, the Ninth Circuit ruling alone does not change Venezuela TPS eligibility or work authorization.
Bottom Line for Employers
- Haiti TPS is temporarily protected by court order
- Venezuela TPS remains limited by a Supreme Court stay
- Continue country-specific, notice-specific I-9 and EAD reviews
Jackson Lewis attorneys will continue to monitor court developments and DHS guidance and provide updates as they occur.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
