USCIS now requires employers to treat March 15, 2026, as the expiration date for Haitian TPS beneficiaries’ work authorization documents. However, the status of driver’s licenses remains unclear.
According to the notice, employers must now treat Employment Authorization Documents (EADs) issued under the Haitian TPS designation as expiring on March 15, 2026.
The update comes two days after a hearing in which Judge Ana C. Reyes threatened the Trump administration with sanctions for its refusal to fully implement her decision protecting Haitian TPS beneficiaries.
The USCIS alert, posted online, provides context: “On February 2, 2026, the U.S. District Court for the District of Columbia issued an order staying the TPS Haiti termination.” This agency action references the Miot et al. v. Trump et al. (Case No. 25-cv-02471-ACR) litigation.
In practical terms, USCIS states that the validity of Employment Authorization Documents issued under the Haitian TPS designation has been extended in accordance with the court order. This applies to all EADs with original expiration dates ranging from July 22, 2017, to February 3, 2026 — effectively covering every work authorization document issued since Haiti’s initial TPS designation.
The agency provides specific instructions for employers updating Form I-9, the employment eligibility verification document. In Section 1, employers must enter “as per court order” in the expiration date field. In Section 2, they must enter the date “03-15-2026” along with a note in the additional information box. For verifications through the E-Verify system, the March 15, 2026, date must also be entered.
USCIS further asks employers to “check back to USCIS websites regularly for updated information” and notes that they may download the alert and the TPS Haiti webpages and attach them to Form I-9.
An Update That Raises Questions
While the notice provides a much-needed clarification for employers and TPS beneficiaries, it also raises questions. The March 15, 2026, date is only provisional, pending a final resolution of the litigation in the courts. USCIS itself explicitly asks those concerned to continue monitoring its website for further updates.
There appears to be a link between the timing of this update and recent statements from Judge Reyes during the February 12 hearing. The judge indicated a willingness to impose sanctions if the Department of Homeland Security failed to fully comply with her order. The USCIS update addresses the court’s directive.
The USCIS update, however, does not address an issue forcefully raised during Thursday’s hearing: access to driver’s licenses for TPS beneficiaries. Motor vehicle departments in several states have indicated that they are waiting for guidance from USCIS before resuming the issuance of driver’s licenses and other identification documents to TPS holders.
Judge Reyes had been clear on this point: there is no valid reason for a TPS beneficiary to be denied a driver’s license. She ordered DHS to issue explicit directives to all licensing agencies nationwide. Yet the update published on Friday contains no instructions directed at motor vehicle departments, leaving thousands of beneficiaries uncertain about their ability to drive legally.
USCIS did not provide guidance on the driver’s license question, unlike its detailed guidance for employers. This may result in continued questions from the federal court.
The legal situation surrounding Haitian TPS is rapidly evolving. Judge Reyes’s formal written decision, denying the government’s request for a stay, is expected by February 19. The government has already appealed to the D.C. Circuit Court, where Judges Justin R. Walker, Florence Y. Pan, and Bradley N. Garcia will hear the case. The administration has also indicated a possible appeal to the Supreme Court.
For the more than 350,000 Haitian TPS beneficiaries, the USCIS update provides confirmation that work authorizations remain valid under the court order. However, the March 15, 2026, expiration date indicates that this protection could change based on ongoing judicial decisions.
Beneficiaries, employers, and affected communities are encouraged to closely follow USCIS updates on its Haitian TPS page and developments in the Miot v. Trump case.
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