The Department of Homeland Security (DHS) posted an alert on Wednesday on the USCIS (U.S. Citizenship and Immigration Services) website acknowledging Judge Ana C. Reyes’s decision to stay the revocation of Temporary Protected Status (TPS) for Haiti, while strongly disagreeing with the judicial ruling.
In the alert, the department confirms that Secretary of Homeland Security Kristi Noem determined, after reviewing country conditions and consulting with appropriate U.S. government agencies, that Haiti no longer met the requirements for its TPS designation.
Haiti’s TPS designation and related benefits were set to terminate on February 3, 2026. However, the department acknowledges that on February 2, 2026, “a single judge in the U.S. District Court for the District of Columbia issued an order staying the Secretary’s TPS termination decision.”
The alert records the administration’s stated disagreement with Judge Ana C. Reyes’s decision.
The department emphasizes that “the judge did so even though the Department of Homeland Security recently prevailed twice in the U.S. Supreme Court in a similar case.” In one recent ruling, the Supreme Court determined that the executive branch has broad discretion in designating countries for TPS based on changing conditions. In another decision, the Court underscored the importance of inter-agency consultations in revising or terminating TPS designations. These precedents support DHS’s perspective on handling TPS decisions.
The alert concludes unambiguously: “The Department of Homeland Security vehemently disagrees with this order and is working with the Department of Justice to determine next steps.”
An Official Acknowledgment Nonetheless
Despite this stated disagreement, the publication of this alert on the official USCIS website constitutes a formal acknowledgment that Judge Reyes’s decision is in effect and that Haitian TPS beneficiaries retain their protections and work authorization. This means individuals can continue to renew their work permits, ensuring they can maintain employment and support their families. Additionally, protection from deportation provides stability and peace of mind, positively impacting their day-to-day lives.
This communication follows DHS Assistant Secretary Tricia McLaughlin’s announcement of the administration’s intent to appeal to the Supreme Court, referring to Judge Reyes’s decision as “lawless activism.”
More than 350,000 Haitian TPS beneficiaries can therefore continue to live and work legally in the United States while the legal battle continues.
