Haitian Temporary Protected Status Video

Tom & Peter
Immigration Guys

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(TPS) Designation Announced

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Yesterday, Department of Homeland Security Secretary Janet Napolitano announced that she was designating Haiti  for Temporary Protected Status (TPS), a move that will make many Haitian nationals  eligible for U.S. immigration benefits.

Eligible Haitian nationals who were in the United States as of January 12, 2010 will be  able to apply for protection and authorization to work.

TPS Status for Haiti and it nationals living in the United States has been tossed about by the government over the past decade but now it is finally a reality.

The recent horrific earthquake forced the world to take a renewed look at the harsh realities of day-to-day life in the impoverished nation.  Granting TPS designation will help lessen the burden for Haiti and is people living in this country.

Full Text of Secretary Napolitano’s Announcement:

“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.

“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way.  The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.

“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.

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We would like to thank Secretary Janet Napolitano for her historic and compassionate decision in designating Haiti for TPS.

Tom & Peter

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This is a lofty goal and if anybody can help achieve this, it is probably Bill Clinton. However, it will truly be miraculous in light of the political, economic and social structure that currently exists in Haiti. Even under the current adminstration of President Rene Preval, the State Department reports that the judiciary is ineffective to say the least, police officers have been accused of being involved in kidnappings and narcotics trafficking, and there are areas of “no law”, especially in the rural areas. One fallout of this situation is the flood of Haitians making their way to Dominican Republic, St. Thomas, USVI, and Florida, risking their lives on the open seas.

Haitian advocates have called on the United States for years to grant Temporary Protected Status to Haitians entering the US, as has been done for immigrants from other countries suffering from natural disasters. So far, the Obama administration has not acted, but the situation may change with Mr. Clinton’s appointment.

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Currently, there are about 30,000 Haitians facing deportation, but if TPS is granted, Haitians in the United States would receive work permits and be able to live temporarily in the United States.

Haitian advocacy groups intend to gather in Washington, D.C. next month to protest of the current policy, or, if  TPS has been granted by that time, for a celebration.

Stay tuned for future updates

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In many cases this may be the only means relief available to persons who would otherwise face removal proceedings and ultimately being removed (deported) from the United States.

Congress enacted Temporary Protected Status (TPS) in recognition of the fact that many individuals cannot reasonably and safely return to their home country because of some temporary circumstance such as political/military conflicts, natural disasters or other extremely harsh conditions. The authority to determine which countries meet the requirements of designation for Temporary Protected Status (TPS) and the administration of this program rests with the U.S. Department of Homeland Security.

In addition to the obvious benefit of being able to remain lawfully in the United States, (albeit temporarily), the beneficiaries of TPS are also eligible to obtain an employment authorization document (EAD) allowing them to legally work in the United States as long as they remain in protected status.

Finally, it is important to understand that as valuable as this status may be for the beneficiaries, Temporary Protected Status is just that, “TEMPORARY” and, as such is subject to periodic review by the Department of Homeland Security in order to renew or terminate a particular country and its eligible nationals and residents.

Who is Eligible for Temporary Protected Status (TPS)?
Currently only eligible nationals and residents of the following countries may be beneficiaries of TPS status:

Ø Burundi: The designation of Burundi for TPS has been terminated effective 12:01 a.m. May 2, 2009.  To maintain TPS benefits through May 1, 2009, Burundian TPS beneficiaries must comply with re-registration requirements. Most recent TPS re-registration period from October 29, 2007, to December 28, 2007.  Employment Authorization Documents (EADs) are automatically extended through May 2, 2008.

Ø El Salvador: Currently designated through September 9, 2010. The 90-day re-registration begins October 1, 2008, and ends December 30, 2008.

Ø Honduras : Currently designated through July 5, 2010. The 60-day re-registration begins October 1, 2008, and ends December 1, 2008.

Ø Nicaragua : Currently designated through July 5, 2010. The 60-day re-registration begins October 1, 2008, and ends December 1, 2008.

Ø Somalia: Currently designated through September 17, 2009. Most recent TPS re-registration period from March 12, 2008, to May 12, 2008. EADs are automatically extended through September 17, 2008.

Ø Sudan: Currently designated through May 2, 2010. The 60-day re-registration began August 14, 2008, and ends October 14, 2008. EADs are automatically extended through May 2, 2009.

Note that Haiti is not among the list of TPS designated nations. Haiti, in our opinion, should absolutely be designated as a TPS country for a host of reasons. We respectfully ask that you contact your representatives in Congress and the Department of Homeland Security to keep up the pressure to make Haiti a TPS country.

For more information about TPS and to determine your particular eligibility please contact us today for a consultation.

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