Attorney General Clark Urges Supreme Court to Preserve Block on Trump Administration's Unlawful Termination of Temporary Protected Status for Haitian Nationals

Attorney General Charity Clark today joined a coalition of 19 attorneys general in filing an amicus briefin Miot, et al. v. Trump, et al. in the Supreme Court of the United States, opposing the Trump Administration's effort to overturn a lower court's decision to preserve Temporary Protected Status (TPS) protections for certain Haitian nationals while litigation on the termination of Haitian TPS continues.

TPS is a humanitarian immigration status created by Congress to protect foreign nationals who cannot safely return to their home country because of war, natural disaster, or other extraordinary conditions. TPS allows recipients to live and work in the United States as long as their home country has a TPS designation. Haitian immigrants have been eligible for TPS since 2010, when a devastating earthquake hit the country. The protections have continuously been extended due to unsafe conditions in Haiti, including widespread violence, homelessness, and starvation.

On November 28, 2025, the Trump Administration provided notice that it would end Haiti's TPS status, as of February 3, 2026, without any evidence that the dangerous conditions in Haiti had improved and despite the fact that the U.S. State Department continues to classify Haiti as a "Level 4: Do Not Travel" country-its highest risk designation. On February 2, 2026, a federal judge in the U.S. District Court for the District of Columbia stayed the Trump Administration's decision to end Haiti's TPS, which was set to expire the next day. This order preserved TPS protection for Haitians while the litigation over the lawfulness of the termination continues. On February 6, 2026, the federal government appealed this order and moved for a stay, asking the United States Court of Appeals for the District of Columbia Circuit to let them move forward with the termination despite the district court's ruling. The coalition filed an amicus brief opposing the request for a stay, and the Court of Appeals denied the Trump Administration's request. The federal government's request for a stay is now with the Supreme Court.

In today's brief, Attorney General Clarkand the coalition urge the Supreme Court to deny the federal government's motion for a stay, arguing that terminating Haiti's TPS status would separate families, damage economies, deplete workforces, increase health care costs, and harm public health and safety. They argue these harms will be immediate and long-lasting, even if the Plaintiffs ultimately win their case, and TPS protections must therefore be maintained while the case proceeds.

Across states, thousands of TPS recipients provide important public services as health care providers, teachers, entrepreneurs, construction workers, and more. Stripping these individuals of their legal status would force them either to face life in uncertainty and vulnerability without legal protections from deportation and without the ability to work legally or to return to a country experiencing exceedingly dangerous conditions.

TPS-eligible Haitians contribute $3.4 billion annually to the U.S. economy. Approximately 69% of Haitian immigrants aged 16 and older were members of the civilian labor force in 2022, with high rates of participation in health care support and service industries. Furthermore, a recent estimate found that 75,000 TPS-eligible Haitians work in labor-short industries.

In submitting their brief, Attorney General Clarkand the coalition are asking the Supreme Court to deny the federal government's motion for a stay and protect the hundreds of thousands of Haitians legally in the United States under the TPS program while the litigation proceeds.

Joining Attorney General Clarkin submitting this brief are the attorneys general of California, Connecticut, Delaware, Hawaiʻi, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Virginia, and Washington.

A copy of the brief is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171