A federal judge on Monday paused the Department of Homeland Security’s termination of Haiti’s temporary protected status, a move that preserves deportation protections and work permits for more than 300,000 Haitians living in the United States.

TPS benefits had been set to expire at 11:59 p.m. Tuesday. DHS has said it “vehemently disagrees” with the ruling by Washington, D.C., District Judge Ana C. Reyes, and is consulting the Justice Department about the Trump administration’s next steps. The lawsuit was filed by five Haitian TPS holders, who asked for a stay on the termination of TPS pending the final outcome of the case. Litigation remains ongoing.

Here is what the decision means in the meantime, and what Haitians on TPS need to know.

What does the ruling mean for TPS holders?

All TPS protections remain in effect. Haitian TPS holders remain protected from deportation and continue to be authorized to work legally in the United States. Advocates say individuals on TPS should inform employers that they are still authorized to work, and if stopped by immigration agents, inform them of their TPS status.

Who is covered under the judge’s order?

All current Haitian TPS holders and individuals with pending applications are covered by the decision. The judge said the validity of work authorization extends during the stay, along with protections from removal.

Does the ruling extend TPS another 18 months, like previous extensions?

No. The judge’s order is not a redesignation or an extension. It temporarily preserves protections while the lawsuit proceeds or a higher court says otherwise. Advocates continue to call on the Trump administration to redesignate and extend TPS for Haiti, which would allow the benefits to remain in effect for another 18 months and allow new applicants to apply.

What if a TPS holder was laid off due to the termination announcement?

“The judge’s order itself is enough for employers,” said Steve Forrester, a Miami lawyer and community organizer. The order has the force of law and “extends the work permits until further notice,” he said during a press conference this week.

How can TPS holders avoid immigration scams?

Advocates stress that TPS holders should seek advice from a licensed and reputable attorney, and warn that notaries are not lawyers in the United States. Several nonprofit organizations are also providing free legal consultations on a case-by-case basis. They include the Haitian lawyer Association and Catholic Legal Services. Catholic Legal Services is providing virtual immigration legal assistance, including for individuals detained by Immigration and Customs Enforcement.

What rights do TPS holders have if stopped by ICE or police?

Individuals have the right to remain silent, to ask for a warrant and to refuse to sign any information, including deportation papers, without first consulting an attorney.

Why did the judge issue the stay?

In her 83-page ruling, Reyes said the Haitian plaintiffs were likely to succeed on the merits of their claims. She found that DHS Secretary Kristi Noem likely made her termination decision because of hostility to nonwhite immigrants, citing the DHS secretary’s derogatory comments. The judge also concluded that “a stay is in the public interest,” noting that Haitian TPS holders “substantially benefit the U.S. economy, contributing approximately $3.4 billion to it annually” and help fill labor shortages in essential industries.

What about claims that TPS holders rely on public assistance?

Reyes rejected the government’s argument that TPS holders rely on public assistance. “TPS holders remaining largely ineligible for nearly all federal public benefits,” she said, citing evidence that Haitian TPS holders make up “nearly one quarter of all TPS holders nationwide,” and they pay an estimated $1.3 billion in federal, state, and local taxes. “Without Haitian TPS holders, the United States would lose not only a vital segment of its workforce but also a significant source of tax revenue.”

National security claims

The government argues that termination serves the U.S.’s interests by advancing national security, but Reyes said the government has offered no evidence that Haitian TPS holders pose any threat to the United States. In fact, Haitian immigrants are overwhelmingly law-abiding, with incarceration rates lower than those of native-born Americans.

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