The Trump administration is appealing a federal court order that blocks its attempt to end Temporary Protected Status (TPS) for Haitian nationals, keeping the future of more than 350,000 Haitians in the U.S. uncertain.
On February 5, 2026, Justice Department attorneys informed the U.S. District Court for the District of Columbia that they would appeal Judge Ana C. Reyes’s February 2 order to the U.S. Court of Appeals for the D.C. Circuit.
Judge Reyes’s order, issued just before TPS protections were set to expire, blocked the Department of Homeland Security’s termination of TPS for Haitians after two days of hearings.
The notice of appeal, signed by Assistant U.S. Attorney Dhruman Y. Sampat under U.S. Attorney Jeanine Ferris Pirro, challenges the court’s order and opinion.
The administration has appealed immigration cases in a similar pattern.
In May 2025, the Supreme Court allowed the administration to proceed with ending TPS for Venezuelans while legal challenges continued in lower courts, effectively gutting a district court victory for TPS holders.
Immigration advocates warn that, if the D.C. Circuit or Supreme Court allows the Trump administration’s request, Haitian TPS beneficiaries may lose legal status during the ongoing appeal.
What This Means for TPS Beneficiaries
For now, Judge Reyes’s order remains in effect, meaning Haitian TPS holders retain their legal status and work authorization. However, the appeal introduces significant uncertainty and a real risk that, if an emergency stay is granted, beneficiaries could lose their protection before a final decision is made. This legal uncertainty translates into tangible daily challenges for many Haitian TPS beneficiaries. Loss of work authorization, for instance, could lead to the inability to renew driver’s licenses or job terminations, severely impacting household stability and causing anxiety within families about their future in the United States.
The same Justice Department attorney who argued before Judge Reyes signed the notice.
The D.C. Circuit will now review the government’s appeal. The administration is expected to seek an expedited ruling or an emergency stay that would allow the TPS termination to take effect while the appeal proceeds.
Haitian communities in the U.S. now face an uncertain future as legal protections are challenged and the administration pushes to end TPS.
