DHS denies grace period for Haitians losing TPS, tells 300,000 to leave or face arrests

DHS General Counsel James Percival said the administration shifted quickly from defending the policy in court to enforcing it
DHS signaled no grace period for Haitians losing TPS, warning them to leave voluntarily or face imminent arrest and deportation (Getty Images)
DHS signaled no grace period for Haitians losing TPS, warning them to leave voluntarily or face imminent arrest and deportation (Getty Images)

WASHINGTON, DC: More than 300,000 Haitian migrants who are losing their Temporary Protected Status (TPS) should not expect extra time to remain in the United States, according to a senior Department of Homeland Security official.

In one of the clearest signals yet about how the Trump administration plans to enforce the Supreme Court's recent ruling, DHS General Counsel James Percival on Friday, June 26, said the years-long window to prepare has already passed, warning that those who remain could instead face immigration enforcement.



DHS rules out delay after SCOTUS victory

The issue surfaced during an interview when Fox News anchor Bill Melugin asked Percival whether the administration intended to offer a grace period before beginning arrests or deportations of Haitians whose TPS protections are ending.

Percival made it clear that DHS does not intend to pause enforcement.

"Well, frankly, this case never needed to go to the Supreme Court. It's a very straightforward legal issue. The T in TPS stands for temporary," he said, arguing that some TPS designations have remained in place for decades despite being created as short-term humanitarian protections.

The Federal Emergency Management Agency (FEMA) building is seen on May 15, 2025 in Washington, DC. According to an internal agency review obtained by CNN, FEMA “is not ready” for hurricane season which begins on June 1. (Photo by Kayla Bartkowski/Getty Images)
The Department of Homeland Security (DHS) building as seen on May 15, 2025, in Washington, DC (Kayla Bartkowski/Getty Images)

Pointing to long-running TPS programs, Percival said the administration has been trying to wind them down since President Donald Trump's first term.

"So these people have been on notice for nine years that this day is coming," he said. "So what we would say now is it's closing time, which means you don't have to go home, but you can't stay here."

Rather than waiting for immigration agents to take action, Percival urged eligible migrants to leave voluntarily using the administration's CBP Home app.



"The good news is it's not too late to get a $2,600 check and a free flight home," he added, referring to the administration's self-deportation incentive program.

DHS prioritizes self departures

Percival's remarks indicate the administration is moving quickly from defending its legal authority in court to implementing the policy on the ground.

The message also suggests immigration authorities will prioritize voluntary departures before relying on arrests and detention by US Immigration and Customs Enforcement (ICE).

The comments come just one day after the Supreme Court handed President Trump a significant legal victory by allowing his administration to move ahead with ending TPS protections for migrants from Haiti and Syria.

CIUDAD JUAREZ, MEXICO - MARCH 17: Undocumented immigrants walk along the U.S.-Mexico border wall aft
Undocumented immigrants walk along the US-Mexico border wall after they ran across the shallow Rio Grande into El Paso on March 17, 2021 in Ciudad Juarez, Mexico (John Moore/Getty Images)

Although the ruling itself focused on legal questions surrounding the TPS statute, Thursday's decision removed one of the biggest obstacles preventing the administration from carrying out its policy.

The administration has long argued that Temporary Protected Status was designed to provide short-term relief during emergencies, not permanent permission to remain in the United States.

That position was largely accepted by the Supreme Court's conservative majority.

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