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Two sources familiar with Immigration and Customs Enforcement (ICE) operations told Newsweek Thursday that officers have been advised not to arrest Haitians whose Temporary Protected Status (TPS) has expired, suggesting the agency is, for now, holding off on enforcement actions against that group.

The guidance comes as Haitian communities and immigrant advocates have raised concerns that the end of TPS could expose hundreds of thousands of Haitians to detention and deportation.

ICE personnel have been instructed not to take enforcement action against Haitians with expired TPS for now, sources said.

Newsweek confirmed the guidance with a current ICE official and a former agency official familiar with the matter. Both spoke on condition of anonymity because they were not authorized to discuss internal ICE guidance. One source said Haitians with final orders of removal may still be subject to arrest as part of routine enforcement operations.

It remains unclear how long the guidance will remain in place or whether it applies nationwide.

Newsweek reached out to the Department of Homeland Security (DHS) for comment via email Thursday afternoon.

What the Supreme Court Case Was About

The Supreme Court's June decision in Mullin v. Doe, a major immigration case involving Haitian and Syrian Temporary Protected Status holders, cleared the way for the Trump administration to end TPS protections for hundreds of thousands of migrants.

In a 6-3 ruling, the court held that federal judges generally lack authority to review Homeland Security Department decisions terminating TPS designations, a finding that immigration advocates warned could have consequences far beyond Haiti and Syria

A man walks past a restaurant displaying Haitian flags in the Little Haiti neighborhood of Brooklyn, New York, on July 29, 2026.

The lawsuit was brought by TPS beneficiaries and advocates challenging the administration's effort to end protections for Haitians, arguing that conditions in the Caribbean nation remained dangerous and that the government had failed to follow statutory requirements.

While lower courts had temporarily blocked the termination, the Supreme Court's ruling allowed the administration to proceed, ultimately affecting roughly 350,000 Haitian TPS holders. A lower court judge confirmed the protections were no longer in place Wednesday.

The reported ICE guidance comes as immigration officials implement the ruling and face questions about how enforcement will be carried out against Haitians who were part of the class action litigation that led to the Supreme Court case.

What DHS Has Been Saying

DHS has maintained that Haiti no longer qualifies for TPS and has welcomed the Supreme Court's decision.

In official guidance issued after the ruling, the agency originally said Haiti's TPS designation would be terminated July 27 and that associated work authorization documents were no longer valid. That deadline was then partially extended through early August.

While reports have suggested ICE has received specific instructions regarding some Haitians who participated in the class-action litigation underlying the case, DHS has not publicly confirmed such guidance and has generally declined to discuss ongoing or future enforcement operations.

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