VACATUR: Secretary Noem Rescinds Previous Administration's Extension of Haiti’s Temporary Protected Status
Department of Homeland Security
Notice Date: Feb. 20, 2025
Effective Date: Feb. 20, 2025
The Department of Homeland Security (DHS) announces the decision to partially vacate the June 4, 2024 decision of impeached Secretary Alejandro Mayorkas regarding the extension of the designation of Haiti for Temporary Protected Status (TPS) and the new designation of Haiti for TPS. Impeached Secretary Mayorkas again extended the designation of Haiti for TPS for the statutory maximum of 18 months (until February 3, 2026), which covered approximately 199,445 Haitian nationals; and again newly designated Haiti for TPS, which had the effect of allowing approximately 321,349 additional Haitian nationals to qualify for the same 18-month period. The Secretary has determined to partially vacate the June 4, 2024, decision by reducing the designation period from 18 months to 12 months. The Secretary is also making a corresponding change to the registration deadline for new applicants under the new designation. Accordingly, by operation of this notice, the Haiti TPS extension and new designation will expire on August 3, 2025, instead of February 3, 2026, and the first-time registration will remain in effect until August 3, 2025, instead of February 3, 2026.
WASHINGTON – Today, Secretary Noem vacated a decision by the previous administration to extend Haiti’s Temporary Protect Status (TPS) by 18 months. As part of this move, Haiti’s TPS will end on August 3, 2025, unless extended. This is part of President Trump’s promise to rescind policies that were magnets for illegal immigration and inconsistent with the law.
TPS is a type of immigration status available to nationals of certain designated countries that allows aliens, even if they entered the country illegally, the ability to reside temporarily in the U.S. The Secretary of Homeland Security is authorized to designate a foreign country for TPS if there is an ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions.
For decades the TPS system has been exploited and abused. For example, Haiti has been designated for TPS since 2010. The data shows each extension of the country's TPS designation allowed more Haitian nationals, even those who entered the U.S. illegally, to qualify for legal protected status.
In May of 2011, DHS estimated that 57,000 Haitians were eligible to register for TPS. In August 2021, DHS estimated that 155,000 Haitians were eligible under the new designation. And by July 2024, the estimate skyrocketed to 520,694.