Haiti TPS: Government Appeals Court Ruling

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Though uncertain in duration, the current pause on temporary protected status termination is a critical opportunity for continued awareness-raising and advocacy.

The federal government on February 5, 2026 filed a notice of appeal challenging the February 2 court decision that temporarily halted the termination of Temporary Protected Status (TPS) for Haiti, scheduled to take effect on February 3.

This means that-for now-Haitian TPS holders retain their status and work authorization while litigation continues.

The administration is expected to ultimately be successful in this litigation, and the longstanding policy direction remains clear: TPS for Haiti is likely to end in the near term.

Nonetheless, this temporary window, though uncertain in duration, is a critical opportunity for continued awareness-raising and advocacy. Haitian TPS holders play indispensable roles in long-term care settings-as caregivers, support staff, and essential members of the aging services sector's workforce. Dedocumenting these legally authorized, experienced employees deepens our already severe workforce shortages and disrupts care for older adults.

One legislative effort meant to increase visibility and pressure on this issue is a discharge petition introduced by Representative Ayanna Pressley (D-MA). A discharge petition is a procedural tool that, if it successfully gathers 218 signatures in the House, bypasses leadership and forces a bill to the floor for a vote. This particular petition seeks to require a vote on legislation that would extend TPS for Haiti through 2029. While it faces very long odds, it is an important mechanism for demonstrating congressional concern and elevating the issue publicly.

If your organization is interested in engaging in advocacy around TPS for Haiti or learning more about how to support this effort, , director workforce policy. Your voice, and the voices of providers across the country, are essential in communicating what the loss of this workforce would mean for older adults and the mission-driven organizations that serve them.