Yesterday, U.S. District Judge Ana C. Reyes of the District of Columbia paused the cancellation of TPS for Haitian nationals that was set to take place today. The order reads in part:
During the stay, the Termination shall be null, void, and of no legal effect. The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay. See 8 U.S.C. § 1254a(a)(1)–(2), (d)(4). The Termination also has no effect on the eligibility for work authorization and protection from detention and deportation for individuals, if any, with pending applications. See id. § 1254a(a)(4)(B); 8 C.F.R. § 244.10(a), (e).
Guidance to employers is that they should not proceed with terminating the employment of Haitian nationals working with TPS work authorization only because of DHS Secretary Kristi Noem’s previously announced termination of the TPS.
The duration of this stay may be short lived, as the government has stated that it will appeal the decision. We will monitor the litigation and keep you updated.
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