Justices grant certiorari before judgment; protections remain in place for 350,000+ Haitians while merits case proceeds on expedited track
The U.S. Supreme Court has declined the Trump administration’s emergency request to immediately lift lower-court injunctions blocking the termination of Temporary Protected Status (TPS) for Haiti, keeping legal protections in place for more than 350,000 Haitian nationals while the case moves forward on an expedited schedule.
In a brief, unsigned order issued March 16, the justices denied the administration’s application for emergency relief to vacate the injunctions issued by U.S. District Judge Ana C. Reyes (February 2, 2026) and upheld by the U.S. Court of Appeals for the D.C. Circuit (March 6, 2026). Those rulings had paused the Department of Homeland Security’s (DHS) November 2025 termination notice, which was set to expire February 3.
At the same time, the Court granted certiorari before judgment in the case Trump v. Miot, bypassing full appeals court review and accepting the matter directly for oral arguments during the second week of the April 2026 session (April 27–29). A merits decision is anticipated by late June or early July 2026.
TPS, created by Congress in 1990, provides temporary deportation relief and work authorization to nationals of countries facing armed conflict, natural disasters, or other extraordinary temporary conditions. Haiti’s designation began after the 2010 earthquake and has been extended multiple times due to persistent crises.
DHS Secretary Kristi Noem announced the termination in November 2025, asserting that conditions in Haiti no longer warranted protection and that continuation was contrary to U.S. national interests. Judge Reyes’s initial ruling found the decision likely arbitrary and capricious under the Administrative Procedure Act, citing inadequate consideration of Haiti’s ongoing humanitarian and security crisis — including widespread gang violence, displacement of over 1.4 million people, economic collapse, and the near-total absence of functioning government institutions.
The administration urged swift relief, arguing that the injunctions conflicted with prior 2025 Supreme Court shadow-docket actions allowing TPS terminations for Venezuelans and that lower courts were improperly interfering with executive authority.
For now, TPS beneficiaries — approximately 350,000 Haitians — may continue living and working legally in the United States. Advocates highlight the severe risks of return, including State Department warnings against travel to Haiti due to crime, kidnapping, and widespread unrest.
L’Union Suite will continue to track the Supreme Court arguments in April, any amicus briefs, and the final merits decision expected this summer. Haitian TPS holders should consult accredited immigration attorneys or trusted organizations for personalized guidance during this period of uncertainty.
The fight for TPS protections continues and the eyes of the diaspora are on the highest court.
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