DHS Shortens Deportation Protections for Haitians Under TPS Program
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APPLIES TO All Employers with Haitian National Employees Under TPS Program |
EFFECTIVE February 24, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
On February 24, 2025, the Department of Homeland Security (DHS) published an official notice in the Federal Register partially vacating a decision under the Biden Administration for Haitian nationals in the Temporary Protected Status (TPS) program. The TPS allows individuals from certain countries to stay in the U.S. temporarily due to unsafe conditions occurring in their home country which prevent their return. Such unsafe conditions include, but are not limited to, armed conflict, environmental disasters, epidemics, or other extraordinary crises. Individuals under the TPS program can live and work in the U.S. for a limited time without leading to permanent residency status.
Under the Biden Administration, the TPS program for Haitian nationals granted protection from deportation until February 3, 2026. Now that protection will end on August 3, 2025. DHS cites Executive Order 14159 which directed actions to ensure that the TPS designations are consistent with the TPS statute and are limited in scope and duration. DHS notes the TPS statute sets a default of the extension period at six months, but the Biden Administration selected an 18-month extension period without explanation of the reason why.
Employers should be aware that covered employees who presented an employment authorization document (EAD) of A12 or C19 with an expiration date of February 3, 2026 will need to have their Forms I-9 amended with an expiration date of August 3, 2025. USCIS will not provide updated EADs with the new expiration date.
Action Items
- Review the notice here.
- Review applicable Forms I-9 to update EAD expiration dates.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase