5. Department of Homeland Security · Major · Needs Congress
Repeal Temporary Protected Status designations
Printed page 145 5. Department of Homeland Security
“Repeal Temporary Protected Status (TPS) designations;”
What has happened
- Partially done
State of the ask: DHS has terminated TPS for thirteen countries by notice, most in effect; the Haiti termination is enjoined and the Venezuela set-aside survives only under a Supreme Court stay; Lebanon's designation was extended on 2026-05-29 (South Sudan's had been in 2025-05-06 before its termination). Designations still exist and Congress has not repealed the statute.
- Partially done
The District of Columbia (Judge Reyes, Miot v. Trump, 1:25-cv-02471) stayed the effective date of the Haiti termination under APA §705, one day before it would have ended TPS for about 353,000 Haitians; the district court (02-23) and the D.C. Circuit (03-06, Judge Walker dissenting) refused to stay that order and the Supreme Court denied the plaintiffs' conditional petition for certiorari before judgment (2026-06-29). The order blocks one country's termination; eleven others were in force, so the Status stays `partial` rather than `blocked`.
- D.D.C. memorandum opinion, Miot v. Trump, No. 25-cv-02471 (ACR) — staying the effective date of the Haiti TPS termination
- D.D.C. memorandum opinion and order, Miot v. Trump — denying the Government's motion to stay the §705 order
- D.C. Circuit order, Miot v. Trump, No. 26-5050 — denying a stay pending appeal
- Partially done
The Supreme Court stayed the September 5 judgment as to the Venezuela vacatur and termination pending appeal and certiorari (Justice Jackson dissenting); the Ninth Circuit affirmed the judgment on 2026-01-28 and denied rehearing en banc 2026-03-11, but the stay holds while a certiorari petition (due 2026-07-09) is pending. DHS went on to terminate Syria (09-22), South Sudan (11-06), Burma (11-25), Haiti again (11-28, effective 2026-02-03), Ethiopia (12-15), Somalia (2026-01-14) and Yemen (2026-03-03).
- Supreme Court order of October 3, 2025 in 25A326, Noem v. National TPS Alliance — staying the September 5, 2025 judgment as to Venezuela
- Ninth Circuit opinion, National TPS Alliance v. Noem, No. 25-5724 — affirming the judgment setting aside the Venezuela termination and Haiti partial vacatur
- DHS notice: Termination of the Designation of Haiti for Temporary Protected Status (effective 2026-02-03)
- Partially done
Judge Chen entered final judgment setting aside the Venezuela vacatur and termination and the Haiti partial vacatur under APA §706; the Ninth Circuit denied a stay on 2025-09-17. The order stopped the Venezuela terminations only: Afghanistan, Cameroon, Nepal, Haiti (07-01), Honduras and Nicaragua stayed terminated, so the ask as a whole was not stopped and the Status remains `partial`. DHS meanwhile terminated Venezuela's separate 2021 designation (09-08, effective 2025-11-07).
- Partially done
DHS terminated the designations of Haiti (07-01), Honduras and Nicaragua (07-08); with Afghanistan, Cameroon and Nepal, six countries' TPS ended within two months of the Supreme Court's stay.
- Partially done
The Supreme Court stayed the March 31 order pending appeal and certiorari (Justice Jackson dissenting), letting the Venezuela termination take effect. DHS then terminated Afghanistan (05-13), Cameroon (06-04) and Nepal (06-06).
- Blocked
The Northern District of California (Judge Chen, National TPS Alliance v. Noem, 3:25-cv-01766) postponed the effective date of the Venezuela vacatur and termination under APA §705, keeping TPS in force for roughly 600,000 Venezuelans. The Ninth Circuit denied a stay and later affirmed (2025-08-29).
- Partially done
DHS terminated the 2023 designation of Venezuela for TPS (effective 2025-04-07), two days after vacating the Biden administration's extension; Haiti's extension was partially vacated on 2025-02-24. The first of a series of country-by-country terminations, done by the Secretary under 8 U.S.C. 1254a rather than by Congress.
Research log
What was searched, and what didn’t count as evidence
Research notes
- The Mandate says “repeal … designations” and the file is flagged Requires Congress; the administration instead used the Secretary’s power to terminate designations one country at a time. We track those terminations as achievement by other means (partial), never done, because designations (Lebanon, El Salvador, Sudan, Ukraine and others) still exist and the statute is untouched.
- Terminations found in the Federal Register (DHS): Venezuela 2023 (2025-02-05), Afghanistan (05-13), Cameroon (06-04), Nepal (06-06), Haiti (07-01), Honduras (07-08), Nicaragua (07-08), Venezuela 2021 (09-08), Syria (09-22), South Sudan (11-06), Burma (11-25), Haiti again (11-28), Ethiopia (12-15), Somalia (2026-01-14), Yemen (2026-03-03). Extensions: South Sudan (2025-05-06), Lebanon (2026-05-29).
- Litigation we could not read and therefore did not turn into events: National TPS Alliance v. Noem, N.D. Cal. 3:25-cv-05687 (filed 2025-07-07, Honduras/Nepal/Nicaragua) and its Ninth Circuit appeal 25-4901 (filed 2025-08-04) — CourtListener dockets https://www.courtlistener.com/docket/70726295/national-tps-alliance-v-noem/ and https://www.courtlistener.com/docket/71066124/national-tps-alliance-et-al-v-noem-et-al/ (the pages refused to open for us); Venezuelan Association of Massachusetts v. USCIS, D. Mass. 1:26-cv-13038 (filed 2026-07-01) and First Circuit 26-1893; Supreme Court 25A1334 (Mullin v. National TPS Alliance — an extension of time to seek certiorari to 2026-07-09, granted by Justice Kagan; https://www.supremecourt.gov/docket/docketfiles/html/public/25a1334.html). Whether certiorari was filed or acted on after 2026-07-09 is not on any source we loaded — an open question.
- The Ninth Circuit’s 2026-03-18 order (No. 25-2120) declined to vacate its August 2025 opinion as moot; no Status change.
- Supreme Court docket 25-1077 (https://www.supremecourt.gov/docket/docketfiles/html/public/25-1077.html): the Haitian plaintiffs’ conditional petition for certiorari before judgment, denied 2026-06-29; the D.C. Circuit appeal 26-5050 is still pending, so the Haiti block stands.
- Action
- repeal
- Object
- Temporary Protected Status designations
- ID
- 335