Massachusetts Democratic Senator Edward J. Markey welcomed the decision issued Monday, February 2, 2026, by the U.S. District Court for the District of Columbia staying the revocation of Temporary Protected Status (TPS) for Haiti ordered by the Trump administration.
The judicial decision comes on the eve of the scheduled TPS expiration, set for February 3. In her order, the court notably cites the amicus curiae brief filed by Senator Markey in the case.
In a statement released the same day, the Democratic lawmaker called the decision a “victory” for Haitian beneficiaries of the program.
“Today’s ruling is a victory for the 350,000 Haitian TPS holders whose status expires tomorrow,” Senator Markey said.
“By providing safe haven to those who cannot return home, TPS embodies the American promise of freedom and refuge,” he added.
The senator also highlighted the Haitian community’s deep roots in his state.
“Haitian TPS holders are deeply rooted in Massachusetts communities, from Mattapan to Brockton. They are friends, family, and colleagues. I will keep fighting to protect the Haitian community,” he added.
Trump Administration Announces Appeal
The satisfaction expressed by Senator Markey may, however, be short-lived.
Just hours after Judge Ana C. Reyes’s February 2 decision, the Trump administration announced its intention to appeal. Officials indicated they may take the case to the Supreme Court if necessary. This immediate response signals the start of ongoing litigation even as TPS holders temporarily retain their status.
Tricia McLaughlin, Assistant Secretary of the Department of Homeland Security, sharply criticized the decision on social media.
“Supreme Court, here we come. This is lawless activism, and we will be vindicated,” she wrote. She also challenged the basis of TPS for Haiti.
“Haiti’s TPS was granted after an earthquake over 15 years ago. It was never meant as de facto amnesty, but that’s how previous administrations have used it,” she said.
She concluded: “Temporary means temporary. The final word won’t come from a judge legislating from the bench.”
These statements suggest a prolonged legal battle over the future of Haitian TPS.
A Longstanding Commitment to Haitians Under TPS
Last year, Senator Markey filed an amicus curiae brief in the case Miot v. Trump, urging the court to stay what he called the unlawful revocation of TPS for Haiti. The document emphasized the major public interest served by the presence of Haitian TPS beneficiaries in Massachusetts and across the United States.
Monday’s decision explicitly references this brief, recognizing the arguments advanced by the senator and his colleagues.
On January 20, Edward J. Markey and Representative Ayanna Pressley, who represents Massachusetts’s 7th district and serves as Co-Chair of the House Haiti Caucus, held a public hearing at Jubilee Christian Church in Mattapan.
The meeting aimed to highlight the importance of extending TPS for Haiti. The lawmakers heard testimony from beneficiaries, human rights advocates, and community leaders affected by the Trump administration’s decision to end the program.
Massachusetts is home to more than 45,000 Haitian TPS beneficiaries, making it the third-largest Haitian community in the United States.
Despite the stay ordered by Judge Reyes on February 2, the Trump administration’s pledge to appeal means Haitian TPS beneficiaries remain in legal limbo. While the court’s decision grants short-term relief, the final outcome depends on the appellate process, which could extend over several months or even years as the case moves through the federal courts.
