Haitian Earthquake Victims Will Lose Temporary Protected Status in 2019

On November 20, the Trump administration announced that the Temporary Protected Status (TPS) designation for Haiti has been withdrawn. The effective date for the termination of TPS for Haitian citizens, which was announced by Acting Secretary of Homeland Security Elaine Duke, is July 2019. This gives Haitians 18 months to transition their lives back to their home country, or seek an alternate immigration status to remain in the United States.

Meanwhile, Haiti is not yet ready to receive its people. It’s been almost eight years since the 2010 earthquake devastated the island, and subsequent hurricane damage wiped out many of the infrastructure gains made post-earthquake. As Fran Leeman, a pastor and nonprofit organizer, told the Chicago Tribune: “It’s pretty bad. People are hungry.” Leeman went on to describe how it is going to take generations for Haiti to improve. There are no jobs for the people who are living in the United States to return to, and the economy of Haiti is in shambles. Yet, the Trump administration has decided that it is time to turn Haitians and people from other countries that have been ravaged by war or by natural disaster away from this country and back to their home countries.

What is TPS?

TPS is Temporary Protected Status, which is an immigration status that the U.S. Secretary of Homeland Security designates. When the condition of a foreign state poses a danger to citizens because of war or natural disaster, nationals from those countries may be eligible for TPS, which initially lasts between six and 18 months, and the Homeland Security secretary can extend the deadline depending on circumstances. TPS is a temporary immigration status which does not lead to permanent resident status, and foreign nationals with TPS are not removable for the duration of the designation. Under TPS, foreign nationals can live and receive work authorizations in the U.S.

TPS has been given to immigrants from 10 other countries including El Salvador, Honduras, Nicaragua, Somalia, Sudan, South Sudan, Syria, Nepal and Yemen. The current administration recently terminated TPS status for Nicaragua, and is currently considering terminating it for Honduras, as well. The travel ban applies to new immigrants from Syria, Somalia, and Yemen, though people who are already here have been allowed to stay.

What caused the end of TPS status for Haitian people?

Acting Homeland Secretary Duke was quoted in a story in USA Today as saying that the number of displaced people in Haiti has decreased by 97%, and that “significant steps have been taken to improve the quality and stability of life for Haitian citizens.” She does not elaborate on what those steps are, and she does not comment about the state of the Haitian economy.

A story in The Miami Herald reports, “Haitians who have been in the U.S. under TPS have played a significant role in rebuilding their country. Personal contributions from the Haitian community in the U.S. make up nearly 25 percent of Haiti’s gross domestic product.” Haitians who are living and working in the U.S. send money home to help support family members who remain in that country. Haitian financial support amounted to $2.4 billion in 2016.

Another story in the Herald, written by U.S. Senator Marco Rubio, describes the ongoing natural disasters and global health challenges such as HIV/AIDS, malaria and unchecked cholera have undermined Haiti’s ability to come back. As recently as 2016, hurricane Matthew effectively destroyed the clean water supply and water sanitation infrastructure, which has allowed cholera, which was introduced by UN peacekeepers during the earthquake recovery. Rubio implored the Department of Homeland Security to extend TPS designation. They decided against it.

A new bill would allow those covered by TPS on January 1, 2017, apply for permanent residency by proving to a judge that they would face extreme hardship if they were forced to return to their home country. The bill, which has not yet been introduced in the House of Representatives, would create a new form of “protected status” for current TPS recipients who have been in the U.S. for at least five years. The law would allow current TPS recipients to stay in the United States for a renewable six-year period. They would not be eligible for permanent residency if they cannot prove extreme hardship if returned to their home country. (The Miami Herald)

At LaFevor & Slaughter, we are here to serve immigrants in Knoxville and throughout Tennessee who wish to adjust their immigration status, have questions about TPS deadlines, or are facing the risk of removal. You are welcome to schedule an appointment with a Knoxville immigration lawyer from our team by calling 865-637-6258, or filling out this contact form. We’re here to serve you.