Key takeaway. Temporary Protected Status for Haiti ended on July 27, when the Supreme Court's mandate took effect, and a federal judge confirmed on August 5 that the order that had blocked the termination is no longer in force — leaving more than 300,000 Haitian nationals without legal presence or work authorization.

U.S. District Judge Ana Reyes confirmed on Wednesday that her February order staying the Department of Homeland Security's termination of Haiti's TPS designation is no longer in effect, following the Supreme Court's June decision in Mullin v. Doe and the D.C. Circuit's subsequent mandate. The 6-3 ruling held that federal courts lack authority to review challenges of this kind to TPS terminations. The underlying litigation continues on a constitutional claim, and Reyes denied the government's request to halt discovery.

"We're going after them right now," Homeland Security Secretary Markwayne Mullin told NewsNation. "These individuals can either self-deport or we'll arrest you and send you back. It's that simple."

Immigration authorities have begun calling some Haitians into ICE offices to be fitted with ankle monitors, a form of supervised release used as an alternative to detention.

Understanding the Policy Shift

Created by Congress in 1990, TPS offers temporary legal status to individuals already in the U.S. whose home countries are deemed unsafe due to conflict, natural disasters, epidemics, or other exceptional conditions. As of 2025, more than 1.3 million people from 17 countries held the status. The administration has revoked the designations for both Haiti and Syria, while the State Department continues to advise against travel to Haiti because of crime, kidnapping, terrorism, unrest, and limited healthcare. Whether another basis to remain — such as an asylum claim or a family or employment petition — is available depends on individual circumstances, and for many long-term residents no such basis exists.

The end of work authorization requires employers to end the employment of workers whose permits lapse, including in construction and healthcare support roles where TPS holders are concentrated. A separate court decision on Wednesday permitted the federal government to revoke work permits for TPS holders from El Salvador, Ukraine, and Sudan, while their protection from removal remains in place for now.

Humanitarian Concerns

Krish O'Mara Vignarajah, president of Global Refuge, pointed to the contradiction in the policy: "The administration advises Americans against all travel to Haiti... To then compel hundreds of thousands of Haitians into such dire circumstances is an unconscionable abdication."

What Changes Now

With the designations terminated, former Haitian and Syrian TPS holders who have no other lawful basis to remain are generally treated as being without status, which under immigration law exposes a person to detention and removal proceedings.

Work authorization tied to TPS lapses for holders from Haiti and Syria, and under Wednesday's separate ruling may also lapse for holders from El Salvador, Ukraine, and Sudan.

Legislative relief remains formally possible: H.R. 1689, which would extend Haiti's TPS designation for three years, passed the House 224-204 in April and is pending in the Senate. The White House has said the president would veto the measure.