Court rules TPS termination is “null, void, and of no legal effect” during stay, preserving work authorization and deportation protections
By: Haitian prime news |February 2, 2026|Washington, D.C.
A federal judge has temporarily halted the U.S. administration’s effort to end Temporary Protected Status (TPS) for Haitian nationals, ruling that the termination cannot take effect while the case is under judicial review.
In an order issued on February 2, the United States District Court for the District of Columbia granted plaintiffs’ renewed motion for a stay under the Administrative Procedure Act, postponing the Department of Homeland Security’s termination of Haiti’s TPS designation announced in late 2025.
The court made clear that, during the stay, the termination is “null, void, and of no legal effect.” As a result, all protections and benefits previously granted under TPS remain in force, including authorization to work in the United States and protection from detention and deportation. The ruling also confirms that existing employment authorization documents remain valid throughout the duration of the stay.
The order further states that individuals with pending TPS-related applications continue to be eligible for work authorization and protection from removal while the stay is in place.
In the same decision, the judge denied the government’s motion to dismiss the case, though the denial was issued without prejudice. This allows the administration to refile a revised motion to dismiss at a later date, limited to specific unresolved legal arguments. The court noted that the plaintiffs are likely to succeed on the merits of their claims, a conclusion that supported granting the stay.
The judge emphasized that the ruling does not constrain the authority of the President and applies specifically to the Department of Homeland Security Secretary’s decision to terminate Haiti’s TPS designation.
While the decision represents a significant development for Haitian TPS holders and advocates, the legal process is ongoing. The administration may refile its motion to dismiss or seek to appeal the ruling. Until further court action, however, TPS protections for Haitians remain fully in effect.
Sources
• United States District Court for the District of Columbia, Miot et al. v. Trump et al., Case No. 1:25-cv-02471 (Order filed Feb. 2, 2026)
• Administrative Procedure Act, 5 U.S.C. § 705
• Immigration and Nationality Act, 8 U.S.C. §§ 1254a, 244.10
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