[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54733-54739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21379]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2843-26; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Termination of the Designation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
newly announces that the Secretary of Homeland Security (Secretary) is
terminating the designation of Haiti for Temporary Protected Status.
Because of interference by a federal district court judge, the
designation of Haiti is set to expire on February 3, 2026. After
reviewing country conditions and consulting with appropriate U.S.
Government agencies, the Secretary determined that Haiti no longer
meets the conditions for the designation for Temporary Protected
Status. The Secretary, therefore, is newly terminating the Temporary
Protected Status designation of Haiti as required by statute. This
termination is effective February 3, 2026. After February 3, 2026,
nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) who have been granted Temporary Protected
Status under Haiti's designation will no longer have Temporary
Protected Status. This determination to terminate the TPS designation
for Haiti supersedes the determination announced in the July 1, 2025
notice, ``Termination of the Designation of Haiti for Temporary
Protected Status.''
DATES: The designation of Haiti for Temporary Protected Status is
terminated, effective at 11:59 p.m., local time, on February 3, 2026.
FOR FURTHER INFORMATION CONTACT: Humanitarian Affairs Division, Office
of Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, (240) 721-3000.
SUPPLEMENTARY INFORMATION:
List of Abbreviations
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FR--Federal Register
FRN--Federal Register Notice
Government--U.S. Government
INA--Immigration and Nationality Act
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UN--United Nations
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
What is Temporary Protected Status?
The Immigration and Nationality Act (INA) authorizes the Secretary
of Homeland Security, after consultation with appropriate agencies of
the U.S. Government, to designate a foreign state (or part thereof) for
Temporary Protected Status (TPS) if the Secretary determines that
certain country conditions exist. See INA sec. 244(b)(1), 8 U.S.C.
1254a(b)(1). The Secretary, in her discretion, may grant Temporary
Protected Status to eligible nationals of that foreign state (or aliens
having no nationality who last habitually resided in the designated
foreign state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration of a foreign state's
Temporary Protected Status designation or extension, the Secretary--
after consultation with appropriate U.S. Government agencies--must
review the conditions in the foreign state designated for Temporary
Protected Status to determine whether the conditions for the Temporary
Protected Status designation continue to be met. See INA sec.
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the conditions in the foreign state continue to meet the specific
statutory criteria for the designation, Temporary Protected Status will
be extended for an additional period of 6 months or, in the Secretary's
discretion, 12 or 18 months. See INA sec. 244(b)(3)(A), (C), 8 U.S.C.
1254a(b)(3)(A), (C). If the Secretary determines that the foreign state
no longer meets the conditions for Temporary Protected Status
designation, the Secretary must terminate the
[[Page 54734]]
designation. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). There
is no judicial review of ``any determination of the [Secretary] with
respect to the designation, or termination or extension of a
designation of a foreign state'' for Temporary Protected Status. See
INA sec. 244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A).
Temporary Protected Status is a temporary immigration benefit
granted to eligible nationals of a country designated by the Secretary
for Temporary Protected Status under the INA, or to eligible aliens
without nationality who last habitually resided in the designated
country. During the designation period, Temporary Protected Status
beneficiaries are eligible to remain in the United States and may not
be removed, so long as they continue to meet the requirements of
Temporary Protected Status. In addition, Temporary Protected Status
beneficiaries are authorized to work and obtain an Employment
Authorization Document (EAD), if requested. Temporary Protected Status
beneficiaries may also apply for and be granted travel authorization as
a matter of discretion. The granting of Temporary Protected Status does
not result in or lead to lawful permanent resident status or any other
immigration status.
To qualify for Temporary Protected Status, beneficiaries must meet
the eligibility standards at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2) in accordance with the implementing regulations at 8 CFR
parts 244 and 1244. When the Secretary terminates a country's
designation, beneficiaries return to the same immigration status or
category that they maintained before Temporary Protected Status, if any
(unless that status or category has since expired or been terminated),
or any other lawfully obtained immigration status or category they
received while registered for Temporary Protected Status, as long as it
is still valid on the date Temporary Protected Status terminates.
Designation of Haiti for Temporary Protected Status
Haiti was initially designated for Temporary Protected Status on
January 21, 2010, based on a determination that there were
extraordinary and temporary conditions in Haiti that prevented
nationals of Haiti from returning in safety and that permitting such
aliens to remain temporarily in the United States would not be contrary
to the national interest of the United States.\1\ Following the initial
designation, former Secretary Napolitano extended and newly designated
Haiti for Temporary Protected Status once, from July 23, 2011 through
January 22, 2013, based on extraordinary and temporary conditions.\2\
Thereafter, Temporary Protected Status was extended three more times
based on extraordinary and temporary conditions: (1) from January 23,
2013 through July 22, 2014; \3\ (2) from July 23, 2014 through January
22, 2016; \4\ and (3) from January 23, 2016 through July 22, 2017.\5\
Former Secretary Kelly then granted a six-month extension of Temporary
Protected Status from July 23, 2017 through January 22, 2018, but made
clear that a further extension appeared unwarranted based on then-
current country conditions.\6\ Subsequently, then-Acting Secretary Duke
announced the termination of the Temporary Protected Status designation
of Haiti effective July 22, 2019.\7\
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\1\ Designation of Haiti for Temporary Protected Status, 75 FR
3476 (Jan. 21, 2010).
\2\ Extension and Redesignation of Haiti for Temporary Protected
Status, 76 FR 29000 (May 19, 2011).
\3\ Extension of the Designation of Haiti for Temporary
Protected Status, 77 FR 59943 (Oct. 1, 2012).
\4\ Extension of the Designation of Haiti for Temporary
Protected Status, 79 FR 11808 (Mar. 3, 2014).
\5\ Extension of the Designation of Haiti for Temporary
Protected Status, 80 FR 51582 (Aug. 25, 2015).
\6\ Extension of the Designation of Haiti for Temporary
Protected Status, 82 FR 23830 (May 24, 2017).
\7\ Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
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Despite the law barring judicial review, the termination of Haiti's
2011 Temporary Protected Status designation was challenged in several
lawsuits, and court injunctions required DHS to temporarily continue
Temporary Protected Status for Haiti pending a final court order.\8\
Former Secretary Mayorkas then newly designated Haiti on the basis of
extraordinary and temporary conditions effective August 3, 2021 through
February 3, 2023.\9\ Thereafter, Temporary Protected Status for Haiti
was extended and newly designated from February 4, 2023 through August
3, 2024.\10\
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\8\ On Dec. 28, 2023, the U.S. District Court for the Northern
District of California dismissed Ramos v. Nielsen, No. 18-cv-01554
(N.D. Cal. Dec. 28, 2023). Related litigation in Bhattarai v.
Nielsen, No. 19-cv-731 (N.D. Cal. Mar. 12, 2019) was consolidated
with Ramos in August 2023. The court agreed with the government
position that subsequent Temporary Protected Status designations
rendered the pending litigation moot.
\9\ Designation of Haiti for Temporary Protected Status, 86 FR
41863 (Aug. 3, 2021).
\10\ Extension and Redesignation of Haiti for Temporary
Protected Status, 88 FR 5022 (Jan. 26, 2023).
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In July 2024, DHS issued a notice stating that Secretary Mayorkas
had once again determined to extend and newly designate Haiti for
Temporary Protected Status for an 18-month period, set to expire on
February 3, 2026.\11\ On February 24, 2025, DHS published a Federal
Register notice announcing the Secretary's decision to partially vacate
the July 1, 2024 Temporary Protected Status decision by reducing the
period of extension and new designation of Temporary Protected Status
for Haiti from 18 months to 12 months with an amended end date of
August 3, 2025.\12\ On July 1, 2025, DHS published a Federal Register
notice announcing the Secretary's decision to terminate the Temporary
Protected Status designation for Haiti, effective September 2,
2025.\13\
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\11\ Extension and Redesignation of Haiti for Temporary
Protected Status, 89 FR 54484 (July 1, 2024).
\12\ Partial Vacatur of 2024 Temporary Protected Status Decision
for Haiti, 90 FR 10511 (Feb. 24, 2025).
\13\ Termination of the Designation of Haiti for Temporary
Protected Status, 90 FR 28760 (July 1, 2025).
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Again, in spite of the statute prohibiting judicial review, on July
15, 2025, a judge in the U.S. District Court for the Eastern District
of New York issued a final judgment in Haitian Evangelical Clergy Ass'n
v. Trump, No. 25-cv-1464, that makes the effective date of any
termination no earlier than February 3, 2026. In compliance with the
U.S. District Court for the Eastern District of New York's final
judgment, the current Temporary Protected Status designation period for
Haiti ends February 3, 2026. In view of the district court's ruling
with respect to the partial vacatur, the Secretary made a new,
superseding determination under 8 U.S.C. 1254a(b)(3)(A), which is being
announced in this notice.
Secretary's Authority To Terminate the Designation of Haiti for
Temporary Protected Status
At least 60 days before the expiration of a foreign state's
Temporary Protected Status designation or extension, the Secretary--
after consultation with appropriate U.S. Government agencies--must
review the conditions in the foreign state designated for Temporary
Protected Status to determine whether the country continues to meet the
conditions for the designation. See INA sec. 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary determines that the foreign state no
longer meets the conditions for the Temporary Protected Status
designation, the Secretary must terminate the designation. See INA sec.
244(b)(3)(B), 8
[[Page 54735]]
U.S.C. 1254a(b)(3)(B). The termination may not take effect earlier than
60 days after the date the Federal Register notice of termination is
published, or if later, the expiration of the most recent previous
extension of the country designation. See id. The Secretary may
determine the appropriate effective date of the termination and
expiration of any Temporary Protected Status-related documentation,
such as EADs, issued or renewed after the effective date of
termination. See id.; see also INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3)
(providing the Secretary the discretionary ``option'' to allow for a
certain ``orderly transition'' period if she determines it to be
``appropriate'').
Reasons for the Secretary's Termination of the Temporary Protected
Status Designation for Haiti
Consistent with INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A),
after consulting with appropriate U.S. Government agencies, the
Secretary reviewed country conditions in Haiti and considered whether
Haiti continues to meet the conditions for the designation under INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). This review included
examining: (a) whether extraordinary and temporary conditions in Haiti
that prevent aliens who are Haitian nationals from returning to Haiti
in safety continued to exist, and (b) if permitting Haitian nationals
to remain temporarily in the United States was contrary to the national
interest of the United States.
Based on the Department's review, the Secretary has determined that
there are no extraordinary and temporary conditions in Haiti that
prevent Haitian nationals (or aliens having no nationality who last
habitually resided in Haiti) from returning in safety. Moreover, even
if the Department found that there existed conditions that were
extraordinary and temporary that prevented Haitian nationals (or aliens
having no nationality who last habitually resided in Haiti) from
returning in safety, termination of Temporary Protected Status of Haiti
is still required because it is contrary to the national interest of
the United States to permit Haitian nationals (or aliens having no
nationality who last habitually resided in Haiti) to remain temporarily
in the United States.
Certain conditions in Haiti remain concerning. As an example of the
challenges still facing the country, during his August 28, 2025 address
to the United Nations (UN) Security Council, the UN Secretary-General
reported that 1.3 million people--approximately 12% of Haiti's
population--have been forced to flee their homes and are internally
displaced due to escalating violence and gang violence that has
``engulfed'' Port-au-Prince ``and spreads beyond.'' \14\ At the UN
Security Council briefing on Haiti on August 28, 2025, the Acting U.S.
Ambassador to the UN, Dorothy Shea, commented that ``the United States
remains concerned about escalating levels of violence in Haiti'' and
``the territorial expansion of the gangs threatens to undermine gains
made by both the Haitian National Police and the Multinational Security
Support mission.'' \15\ During the most recent UN Security Council
briefing on Haiti on October 22, 2025, U.S. Ambassador to the UN Mike
Waltz \16\ likewise acknowledged that Haiti ``has had a long and
difficult history'' and ``truly stands at a crossroad.'' \17\
Ambassador Waltz further stated: ``We have gangs that are terrorizing
communities, extorting families, recruiting children to commit horrors
on behalf of the gang leaders. The spillover effects of this violence
threaten not only Haiti but the stability of the wider Caribbean and
the Western Hemisphere.'' \18\
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\14\ United Nations, ``Security-General's remarks to the
Security Council--on Haiti [trilingual, as delivered; scroll down
for all-English and all-French],'' Aug. 28, 2025, https://www.un.org/sg/en/content/sg/statement/2025-08-28/secretary-generals-remarks-the-security-council-haiti-trilingual-delivered-scroll-down-for-all-english-and-all-french.
\15\ U.S. Mission to the UN, ``Remarks at a UN Security Council
Briefing on Haiti'' (Aug. 28, 2025) (further highlighting
humanitarian concerns such as displacement, recruitment of children
in armed gangs, and food insecurity), https://ht.usembassy.gov/remarks-at-a-un-security-council-briefing-on-haiti/.
\16\ Ambassador Waltz was officially sworn in as the U.S.
Representative to the UN on September 20, 2025.
\17\ U.S. Mission to the UN, ``Remarks at a UN Security Council
Briefing on Haiti'' (Oct. 22, 2025), https://usun.usmission.gov/remarks-at-a-un-security-council-briefing-on-haiti-8/.
\18\ Id.
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The data surrounding internal relocation does indicate parts of the
country are suitable to return to. There have also been some other
positive developments. For example, in a recent briefing, the UN
Secretary General stated that despite continuing violence in Haiti,
``there are emerging signals of hope.'' \19\ On September 30, 2025, the
UN Security Council approved a resolution which authorized a new
multinational Gang Suppression Force to replace the Kenyan-led security
support mission. Per the UN, ``under an initial 12-month mandate, the
GSF [Gang Suppression Force] will work in close coordination with the
Haitian National Police (HNP) and the Haitian armed forces to conduct
intelligence-led operations to neutrali[z]e gangs, provide security for
critical infrastructure and support humanitarian access. The 5,550-
strong force will also protect vulnerable groups, support reintegration
of former fighters and help strengthen Haitian institutions.'' \20\ On
October 1, 2025, Secretary Rubio issued a press statement stating
``this force will address Haiti's immediate security challenges and lay
the groundwork for long-term stability. . . moving forward, the GSF,
with support from the UNSOH [UN Support Office in Haiti], will
transition to an international burden-sharing model with the sufficient
resources needed to fight the gangs.'' \21\ Further, according to the
World Bank, ``modest GDP growth is projected by 2026 as investment
increases from a low baseline, assuming improvements on the political
and security fronts.'' \22\
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\19\ United Nations, `` `The people of Haiti are in a perfect
storm of suffering,' warns UN chief,'' Aug. 28, 2025, https://news.un.org/en/story/2025/08/1165738.
\20\ United Nations, ``UN Security Council approves new
`suppression force' for Haiti amid spiraling gang violence,'' Sept.
30, 2025, https://news.un.org/en/story/2025/09/1166006.
\21\ U.S. Dep't of State, ``On the Next Steps to Restoring
Security in Haiti,'' Oct. 1, 2025, https://www.state.gov/releases/office-of-the-spokesperson/2025/10/on-the-next-steps-to-restoring-security-in-haiti/; see also U.S. Mission to the UN, ``Remarks at a
UN Security Council Briefing on Haiti,'' (Oct. 22, 2025) (remarks of
Ambassador Waltz applauding the adoption of the resolution
supporting the GSF), https://usun.usmission.gov/remarks-at-a-un-security-council-briefing-on-haiti-8/.
\22\ World Bank, ``The World Bank in Haiti'' (last updated Apr.
28, 2025), https://www.worldbank.org/en/country/haiti/overview.
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Based on the Department's review, the Secretary has determined that
while the current situation in Haiti is concerning, the United States
must prioritize its national interests and permitting Haitian nationals
to remain temporarily in the United States is contrary to the U.S.
national interest.
``National interest'' is an expansive standard that may encompass
an array of broad considerations, including foreign policy, public
safety (e.g., potential nexus to criminal gang membership), national
security, migration factors (e.g., pull factors), immigration policy
(e.g., enforcement prerogatives), and economic considerations (e.g.,
adverse effects on U.S. workers, impact on U.S. communities).\23\
Determining whether
[[Page 54736]]
permitting a class of aliens to remain temporarily in the United States
is contrary to the U.S. national interest therefore calls upon the
Secretary's expertise and discretionary judgment.
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\23\ See, e.g., Poursina v. USCIS, 936 F.3d 868, 874 (9th Cir.
2019) (observing, in an analogous INA context, ``that the `national
interest' standard invokes broader economic and national-security
considerations, and such determinations are firmly committed to the
discretion of the Executive Branch--not to federal courts'' (citing
Trump v. Hawaii, 585 U.S. 667, 684-86 (2018)); Flores v. Garland, 72
F.4th 85, 89-90 (5th Cir. 2023) (same); Brasil v. Sec'y, Dep't of
Homeland Sec., 28 F.4th 1189, 1193 (11th Cir. 2022) (same); cf.
Matter of D-J-, 23 I&N Dec. 572, 579-81 (A.G. 2003) (recognizing
that taking measures to stem and eliminate possible incentives for
potential large-scale migration from a given country is ``sound
immigration policy'' and an ``important national security
interest''); Matter of Dhanasar, 26 I&N Dec. 884, 890-91 (AAO 2016)
(taking into account impact on U.S. workers in ``national interest''
assessments).
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President Trump clearly articulated policy imperatives bearing upon
the national interest in his immigration and border-related executive
orders and proclamations. In Proclamation 10888 ``Guaranteeing the
States Protection Against Invasion,'' President Trump emphasized that
Congress has established a complex and comprehensive framework under
the INA to regulate the entry and exit of aliens and goods across U.S.
borders. Under normal conditions, this framework supports national
sovereignty by enabling the admission of aliens whose presence serves
the national interest and excluding those who may pose risks to public
health, safety, or national security. However, in a high-volume border
environment--particularly when the system is overwhelmed--this
screening process can become ineffective. Limited access to critical
information and significant processing delays hinder the ability of
federal officials to reliably assess the criminal histories or national
security threats posed by aliens attempting to enter the U.S.
illegally. As a result, public safety and national security risks are
significantly heightened in such conditions.\24\
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\24\ Guaranteeing the States Protection Against Invasion, 90 FR
8333 (Jan. 29, 2025).
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In Executive Order (E.O.) 14161 ``Protecting the United States From
Foreign Terrorists and Other National Security and Public Safety
Threats,'' President Trump instructed the Secretary of State, Attorney
General, Secretary of Homeland Security, and Director of National
Intelligence to jointly submit to the President a report that
identified countries throughout the world ``for which vetting and
screening information is so deficient as to warrant a partial or full
suspension on the admission of nationals from those countries.'' \25\
Proclamation 10949 ``Restricting the Entry of Foreign Nationals to
Protect the United States from Foreign Terrorists and Other National
Security and Public Safety Threats'' built upon the findings of that
review. President Trump determined to fully restrict and limit the
entry of nationals from Haiti following his review of the requested
report. In support of this decision, President Trump outlined that
``according to the [Fiscal Year 2023 Entry/Exit] Overstay Report
[published on August 5, 2024], Haiti had a B-1/B-2 visa overstay rate
of 31.38 percent and an F, M, and J visa overstay rate of 25.05
percent.'' \26\ In addition, ``as is widely known, Haiti lacks a
central authority with sufficient availability and dissemination of law
enforcement information necessary to ensure its nationals do not
undermine the national security of the United States.'' \27\
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\25\ Protecting the United States From Foreign Terrorists and
Other National Security and Public Safety Threats, 90 FR 8451 (Jan.
30, 2025).
\26\ Restricting the Entry of Foreign Nationals to Protect the
United States From Foreign Terrorists and Other National Security
and Public Safety Threats, 90 FR 24497 (June 10, 2025).
\27\ Restricting the Entry of Foreign Nationals to Protect the
United States From Foreign Terrorists and Other National Security
and Public Safety Threats, 90 FR 24497 (June 10, 2025).
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Overstaying the terms of the nonimmigrant visa is a violation of
U.S. immigration laws and presents challenges for immigration
enforcement and resource allocation. Visa overstaying diverts resources
from other critical enforcement priorities, such as addressing illegal
border crossings. According to the Fiscal Year 2024 Department of
Homeland Security Entry/Exit Overstay Report [published on July 16,
2025], Haiti had a Non-Visa Waiver Program Countries Business or
Pleasure Visitors (B-1/B-2) visa overstay rate of 24.84% and a Student
and Exchange Visitors (F, M, J) visa overstay rate of 22.35%.\28\ These
figures significantly exceed the global average overstay rates of 2.33%
for B-1/B-2 visas and 3.23% for F, M, J visas--over ten times higher
for business or pleasure visitors and six times higher for student and
exchange visitors.\29\ Haiti's visa overstay rates consistently remain
very high compared to other nations, reflecting ongoing challenges in
enforcing compliance with U.S. visa regulations. Elevated overstay
rates present potential risks to U.S. national security and public
safety, as aliens who overstay their visas may be harder to locate and
monitor, increasing vulnerabilities within immigration enforcement
systems. Moreover, aliens who overstay nonimmigrant visas can place an
added strain on local communities by increasing demand for public
resources, contributing to housing and healthcare pressures, and
competing in an already limited job market.
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\28\ U.S. Customs and Border Protection, Entry/Exit Overstay
Report, Department of Homeland Security (July 16, 2025), https://www.dhs.gov/sites/default/files/2025-08/25_0826_cbp_entry-exit-overstay-report-fiscal-year-2024.pdf.
\29\ Id.
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In E.O. 14159 ``Protecting the American People Against Invasion,''
President Trump underscored that enforcing the immigration laws ``is
critically important to the national security and public safety of the
United States.'' \30\ In furtherance of that objective, the President
directed the Secretary, along with the Attorney General and Secretary
of State, to promptly take all appropriate action, consistent with law,
to rescind policies that led to increased or continued presence of
illegal aliens in the United States.\31\ Among the directed actions are
to ensure that the Temporary Protected Status designations are
consistent with the Temporary Protected Status statute and ``are
appropriately limited in scope and made for only so long as may be
necessary to fulfill the textual requirements of that statute.'' \32\
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\30\ Protecting the American People Against Invasion, 90 FR 8443
(Jan. 29, 2025).
\31\ Id., sec. 16, 90 FR 8446.
\32\ Id., sec. 16, 90 FR 8446.
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Prior to FY2025, U.S. Border Patrol recorded a consistent year-
over-year increase in encounters with Haitian nationals: 56,596 in
FY2022, 163,781 in FY2023, and 220,798 in FY2024.\33\ For several
years, there has been a significant increase in the number of Haitians
arriving in the United States illegally, particularly via land.
According to one report, ``from 2019 through 2021, Haitians were the
top nationality for migrants crossing the dangerous Darien Gap between
Colombia and Panama, and they have remained among the three largest
groups in 2022 and 2023.'' \34\ Another report states: ``the
continuation of a devastating political, environmental, social, and
economic situation. . . in Haiti guarantees an unbroken chain
migration, particularly to the United States and Canada; and when
combined with already heavy backlogs in processing resident status
changes, a large and growing flow of Haitians will
[[Page 54737]]
persist.'' \35\ This pattern of large-scale illegal immigration as a
result of ``pull factors'' has continued for years.
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\33\ U.S. Customs and Border Protection, ``U.S. Border Patrol
and Office of Field Operations Encounters by Area of Responsibility
and Component'' (last updated: Sept. 19, 2025), available at:
https://www.cbp.gov/newsroom/stats/nationwide-encounters.
\34\ Migration Policy Institute, ``Haitian Immigrants in the
United States'' (Nov. 8, 2023), available at: https://www.migrationpolicy.org/article/haitian-immigrants-united-states-2022.
\35\ IOM, ``Engaging the Haitian Diaspora'' (Sept 10, 2013),
available at: https://environmentalmigration.iom.int/resources/engaging-haitian-diaspora.
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The numerous new designations of Temporary Protected Status for
Haiti in 2011, 2021, and 2023, opened eligibility to those who entered
and continued to enter the U.S. many years after the initial 2010
designation.\36\ As noted above, illegal immigration from Haiti into
the U.S. continued to increase with extremely high numbers seen around
the time of and following the latest new designations of Temporary
Protected Status for Haiti by then Secretary Mayorkas.
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\36\ The intent of Temporary Protected Status was to create a
temporary safe haven for aliens who are already in the United
States. See INA sec. 244(c)(1)(A)(i) (limiting Temporary Protected
Status eligibility to aliens continuously physically present in the
United States since the country's designation), (c)(5) (clarifying
that a Temporary Protected Status designation does not authorize
aliens to come to the United States to apply for such status). Using
TPS to grant temporary status to successive waves of new arrivals
from a designated country may generate a significant pull factor for
illegal immigration and act in tension with the congressional
design.
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Approximately 67,400 nationals of Haiti have entered the United
States since June 3, 2024. Within this population, approximately 3,000
are nonimmigrants in valid status, approximately 1,000 are
nonimmigrants out of status, approximately 63,000 were encountered at a
border or port of entry and have no lawful immigration status, and it
is estimated that 400 crossed the U.S. border without being
apprehended.\37\ These realities are unsustainable and inconsistent
with President Trump's outlined policy priorities as well as U.S.
national interests.
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\37\ Office of Homeland Security Statistics, estimate as of
September 30, 2025.
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Beyond migration factors and immigration policy, public safety and
national security are important considerations when assessing if a
Temporary Protected Status designation is in line with U.S. national
interests. DHS records indicate that there are Haitian nationals who
are Temporary Protected Status recipients who have been the subject of
administrative investigations for fraud, public safety, and national
security. These issues underscore a conflict with the national interest
of the United States.
As acknowledged previously in this notice, gang violence in Haiti
persists as armed groups operate with impunity, enabled by a weak or
effectively absent central government. The Congressional Research
Service described the situation in Haiti in a recent report: ``The
gangs--some of which are aligned with political elites--amassed control
over territory and illicit markets amid political instability following
the 2021 assassination of then-President Jovenel Moise. Since April
2024, Haiti has been governed by a Transitional Presidential Council
(TPC). The TPC, tasked with governing until elections can be convened,
has been plagued by allegations of corruption and infighting.'' \38\ As
such, it has not been able to effectively crack down on gang violence.
However, the revamped international efforts and multinational Gang
Suppression Force aim to combat gang violence to improve conditions in
Haiti. On May 2, 2025, the Secretary of State announced the State
Department's designation of Viv Ansanm and Gran Grif as Foreign
Terrorist Organizations and Specially Designated Global Terrorists. In
his announcement, the Secretary noted ``Haitian gangs, including the
Viv Ansanm coalition and Gran Grif, are the primary source of
instability and violence in Haiti. They are a direct threat to U.S.
national security interests in our region . . . their ultimate goal is
creating a gang-controlled state where illicit trafficking and other
criminal activities operate freely and terrorize Haitian citizens.''
\39\ In October 2025, Ambassador Waltz said in an interview ``we in the
UN Security Council just took action yesterday on the gangs that have
taken over Haiti, right off Florida's shores. These gangs are in
coordination with all of these transnational groups. They're shipping
drugs, money, weapons. They're destabilizing the entire region.'' \40\
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\38\ Library of Congress, Congressional Research Service,
``Haiti in Crisis: Developments Related to the Multinational
Security Support Mission'' (June 3, 2025), available at: https://
www.congress.gov/crs-product/
IN12331#:~:text=Between%20January%20and%20March%202025,attributed%20t
o%20gang%2Drelated%20violence.
\39\ U.S. Department of State, ``Terrorist Designations of Viv
Ansanm and Gran Grif'' (May 2, 2025), available at: https://www.state.gov/releases/office-of-the-spokesperson/2025/05/terrorist-designations-of-viv-ansanm-and-gran-grif/.
\40\ U.S. Mission to the UN, ``U.S. Representative to the United
Nations, Ambassador Mike Waltz's Interview with Martha Maccallum on
Fox News'' (Oct. 1, 2025), https://usun.usmission.gov/u-s-representative-to-the-united-nations-ambassador-mike-waltzs-interview-with-martha-maccallum-on-fox-news/.
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Widespread gang violence in Haiti is sustained by the country's
lack of functional government authority. This breakdown in governance
directly impacts U.S. national security interests, particularly in the
context of uncontrolled migration. As previously outlined, when
immigration flows exceed our capacity to properly vet aliens at the
border, the risks are compounded by the inability to access reliable
law enforcement or security information from the alien's country of
origin. The joint assessment by the Secretary of State, Secretary of
Homeland Security, and Director of National Intelligence has found that
Haiti lacks a functioning central authority capable of maintaining or
sharing such critical information, severely limiting the U.S.
government's ability to screen and vet Haitians in the United States
with Temporary Protected Status. And Haitian gangs--such as those
designated by the State Department as Foreign Terrorist Organizations--
pose a serious threat to U.S. interests. These challenges support the
determination that permitting Haitian nationals to remain temporarily
in the United States is contrary to the national interest.
This lack of government control has not only destabilized Haiti
internally but has also had direct consequences for U.S. public safety.
Haitian gang members have already been identified among those who have
entered the United States and, in some cases, have been apprehended by
law enforcement for committing serious and violent crimes. For example,
in January 2025, U.S. Immigration and Customs Enforcement (ICE)
apprehended Wisteguens Jean Quely Charles, a member of a violent
Haitian street gang, who had been arrested, charged and convicted for
17 crimes between August 2022 and August 2024 including both
``possession of and possession to distribute controlled substances,
distribution of controlled substances, trespassing, carrying dangerous
weapon to wit brass knuckles, possession of a firearm without a permit,
possession of ammunition without a permit, assault and battery with a
dangerous weapon, assault and battery, and resisting arrest.'' \41\
This case underscores the broader risk posed by rising Haitian
migration, particularly in light of multiple large-scale prison breaks
in Haiti \42\ and the increasing numbers of
[[Page 54738]]
encounters reported by U.S. Customs and Border Protection. The
inability of the previous administration to reliably screen aliens from
a country with limited law enforcement infrastructure and widespread
gang activity presents a clear and growing threat to U.S. public
safety.
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\41\ U.S. Immigration and Customs Enforcement, ``ICE ERO Boston
arrests Haitian gang member with numerous convictions'' (Jan. 24,
2025), available at: https://www.ice.gov/news/releases/ice-ero-boston-arrests-haitian-gang-member-numerous-convictions.
\42\ See The Guardian ``Haiti declares state of emergency after
thousands of dangerous inmates escape'' (Mar. 4, 2024) (``Haiti has
declared a three-day state of emergency and a night-time curfew
after armed gangs stormed the country's two biggest jails, allowing
more than 3,000 dangerous criminals, including murderers and
kidnappers, to escape back on to the streets of the poor and
violence-racked Caribbean nation.''), available at: https://www.theguardian.com/world/2024/mar/04/haiti-mass-jailbreak-violence-port-au-prince-gangs; Al Jazeera, ``Haiti declares curfew after
4,000 inmates escape jail amid rising violence'' (Mar. 4, 2024)
(``Haiti's government has declared a state of emergency and imposed
a curfew after an explosion of gang-led violence over the weekend
saw thousands of prisoners escape after assaults on the country's
two biggest prisons.''), available at: https://www.aljazeera.com/news/2024/3/4/thousands-of-inmates-escape-prison-amid-deepening-haiti-violence; see also Reuters, ``Haiti prison break leaves 12
dead as inmates go hungry'' (Aug. 16, 2024) (``A prison break in the
Haitian city of Saint-Marc left 12 inmates dead on Friday, Mayor
Myriam Fievre said, the third such incident in Haiti in recent
months amid a protracted humanitarian crisis fueled by gang
violence.''), available at: https://www.reuters.com/world/americas/haitian-inmates-escape-prison-third-recent-jailbreak-miami-herald-says-2024-08-16/.
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Moreover, since the U.S. designated Viv Ansanm and Gran Grif as
foreign terrorist organizations, the Department of Homeland Security,
Department of Justice, and Department of State have announced arrests
and indictments of aliens linked to these gangs. These actions
demonstrate that these groups pose not just an overseas threat but a
tangible national security and public safety risk within our borders.
In addition, that these aliens were able to operate inside the United
States raises serious concerns about how they entered or remained in
the United States, potentially due to inadequate screening at the
border or a lack of actionable intelligence from Haitian authorities on
known gang affiliates. In July 2025, State announced deportation
actions against U.S. lawful permanent residents who were found to be
affiliated with Viv Ansanm.\43\ In September 2025, ICE announced the
arrest of a Haitian alien who ``engaged in a campaign of violence and
gang support that contributed to Haiti's destabilization.'' \44\
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\43\ U.S. Department of State, ``Deportation Actions Against
U.S. Legal Permanent Residents Affiliated with Haitian Foreign
Terrorist Organization Viv Ansanm'' (July 21, 2025), https://www.state.gov/releases/office-of-the-spokesperson/2025/07/deportation-actions-against-u-s-legal-permanent-residents-affiliated-with-haitian-foreign-terrorist-organization-viv-ansanm/.
\44\ ICE, ``ICE arrests illegal alien from Haiti connected to
criminal terrorist organizations'' (Sept. 25, 2025), https://www.ice.gov/news/releases/ice-arrests-illegal-alien-haiti-connected-criminal-terrorist-organizations.
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In E.O. 14150 ``America First Policy Directive to the Secretary of
State,'' President Trump declared ``from this day forward, the foreign
policy of the United States shall champion core American interests and
always put America and American citizens first.'' Moreover, it
instructed ``as soon as practicable, the Secretary of State shall issue
guidance bringing the Department of State's policies, programs,
personnel, and operations in line with an America First foreign policy,
which puts America and its interests first.'' \45\ As mentioned, the UN
Security Council adopted a resolution to transition the Multinational
Security Support mission to a Gang Suppression Force and authorized the
establishment of a UN Support Office in Haiti.\46\ On October 1, 2025,
Secretary Rubio released a press statement commending the adoption of
the resolution: ``The message from the Security Council is clear: the
era of impunity for those who seek to destabilize Haiti is over. The
United States remains committed to working with international
stakeholders to support Haiti's path toward peace, stability, and
democratic governance. We call on all nations to join us in this
critical effort.'' \47\ Ending Temporary Protected Status for Haiti
reflects a necessary and strategic vote of confidence in the new
chapter Haiti is turning. The United States cannot call for bold change
on the ground while signaling doubt from afar. Our immigration policy
must align with our foreign policy vision of a secure, sovereign, and
self-reliant Haiti and not a country that Haitian citizens continue to
leave in large numbers to seek opportunities in the United States.
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\45\ America First Policy Directive to the Secretary of State,
90 FR 8337 (Jan. 29, 2025).
\46\ United Nations, ``UN Security Council approves new
`suppression force' for Haiti amid spiraling gang violence'' Sept.
30, 2025, https://news.un.org/en/story/2025/09/1166006.
\47\ U.S. Department of State, ``On the Next Steps to Restoring
Security in Haiti'' (Oct. 1, 2025), https://www.state.gov/releases/2025/10/on-the-next-steps-to-restoring-security-in-haiti/.
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In summary, the current situation in Haiti is concerning. However,
the United States must prioritize its national interests, which
includes assessing foreign policy, public safety, national security,
migration factors, immigration policy, and economic considerations. In
considering these factors individually and cumulatively, the Secretary
has determined that permitting Haitian nationals to remain temporarily
in the United States is contrary to the U.S. national interest.
DHS estimates that there are approximately 352,959 nationals of
Haiti (and aliens having no nationality who last habitually resided in
Haiti) who hold Temporary Protected Status under Haiti's
designation.\48\
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\48\ As of November 10, 2025, approximately 18,068 of these
nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) are also approved as Lawful Permanent
Residents. Data queried by Department of Homeland Security, U.S.
Citizenship and Immigration Services, Office of Performance and
Quality November 2025.
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Effective Date of Termination of the Designation
The Temporary Protected Status statute provides that the
termination of a country's Temporary Protected Status designation may
not be effective earlier than 60 days after the notice is published in
the Federal Register or, if later, the expiration of the most-recent
previous extension. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
The Temporary Protected Status statute authorizes the Secretary, at
her discretion, to allow for an ``orderly transition'' period with
respect to the termination and the expiration of any Temporary
Protected Status-related documentation, such as EADs. The Secretary has
determined, in her discretion, that the statutory minimum transition
period of 60 days is sufficient and warranted here given the
Secretary's finding that continuing to permit Haitian nationals to
remain temporarily in the United States is contrary to the U.S.
national interest. See INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3).\49\
Accordingly, the termination of the Haiti Temporary Protected Status
designation will be effective February 3, 2026.\50\
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\49\ Whether to allow for an additional ``orderly departure''
period following a Temporary Protected Status designation
termination (beyond the statutory minimum of 60 days) is an
``option'' left to the Secretary's unfettered discretion. INA
244(d)(3), 8 U.S.C. 1254a(d)(3). Although DHS has allowed such
extended periods for certain Temporary Protected Status
terminations, see, e.g., Termination of the Designation of Sudan for
Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017) (12-month
orderly transition period); Termination of the Designation of Sierra
Leone Under the Temporary Protected Status Program; Extension of
Employment Authorization Documentation, 68 FR 52407 (Sept. 3, 2003)
(6-month orderly transition period), certain other Temporary
Protected Status designations were terminated without allowing for
such transition periods, see, e.g., Termination of Designation of
Angola Under the Temporary Protected Status Program, 68 FR 3896
(Jan. 27, 2003) (no orderly transition period); Termination of
Designation of Lebanon Under Temporary Protected Status Program, 58
FR 7582 (Feb. 8, 1993) (same). The Secretary has determined that a
60-day period is appropriate under the circumstances.
\50\ See 8 CFR 244.19 (``Upon the termination of designation of
a foreign state, those nationals afforded temporary Protected Status
shall, upon the sixtieth (60th) day after the date notice of
termination is published in the Federal Register, or on the last day
of the most recent extension of designation by the [Secretary of
Homeland Security], automatically and without further notice or
right of appeal, lose Temporary Protected Status in the United
States. Such termination of a foreign state's designation is not
subject to appeal.'').
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DHS recognizes that Haiti Temporary Protected Status beneficiaries
under the
[[Page 54739]]
designation continue to be employment authorized until the designation
ends on February 3, 2026.\51\ Accordingly, through this Federal
Register notice, DHS automatically extends the validity of certain
Employment Authorization Documents previously issued under the
Temporary Protected Status designation of Haiti through February 3,
2026. Therefore, as proof of continued employment authorization through
February 3, 2026, Temporary Protected Status beneficiaries can show
their EADs that have the notation A-12 or C-19 under Category and a
``Card Expires'' date of February 3, 2026, August 3, 2025, August 3,
2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4,
2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22,
2018, or July 22, 2017.
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\51\ See INA 244(a)(1)(B), 8 U.S.C. 1254a(a)(1)(B); see also 8
CFR 244.13(b).
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The Secretary has considered putative reliance interests in the
Haiti Temporary Protected Status designation, especially when
considering whether to allow for an additional transition period akin
to that allowed under certain previous Temporary Protected Status
terminations. Temporary Protected Status, as the name itself makes
clear, is an inherently temporary status. Temporary Protected Status
designations are time-limited and must be periodically reviewed, as
frequently as every six months in some cases, and Temporary Protected
Status notices clearly notify aliens of the designations' expiration
dates. Further, whether to allow for an orderly transition period is
left to the Secretary's unfettered discretion. See INA sec. 244(b)(3),
(d)(3); 8 U.S.C. 1254a(b)(3), (d)(3). The statute inherently
contemplates advance notice of a termination by requiring timely
publication of the Secretary's determination and delaying the effective
date of the termination by at least 60 days after publication of a
Federal Register notice of the termination or, if later, the existing
expiration date. See INA sec. 244(b)(3), (d)(3); 8 U.S.C. 1254a(b)(3),
(d)(3).
Notice of the Termination of the Temporary Protected Status Designation
of Haiti
By the authority vested in me as Secretary under INA section
244(b)(3), 8 U.S.C. 1254a(b)(3), I have reviewed, in consultation with
the appropriate U.S. Government agencies, (a) conditions in Haiti; and
(b) whether permitting the nationals of Haiti (and aliens having no
nationality who last habitually resided in Haiti) to remain temporarily
in the United States is contrary to the national interest of the United
States. Based on my review, I have determined that Haiti no longer
continues to meet the conditions for Temporary Protected Status under
INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(1)(B),
and considering INA section 244(d)(3), 8 U.S.C. 1254a(d)(3), the
designation of Haiti for Temporary Protected Status is terminated
effective at 11:59 p.m., local time, on February 3, 2026.
(2) Information concerning the termination of Temporary Protected
Status for nationals of Haiti (and aliens having no nationality who
last habitually resided in Haiti) will be available at local USCIS
office upon publication of this notice and through the USCIS Contact
Center at 1-800-375-5283.This information will be published on the
USCIS website at www.uscis.gov.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-21379 Filed 11-26-25; 8:45 am]
BILLING CODE 9111-97-P