The Extension and Redesignation of Haiti for Temporary Protected Status

On December 5, 2022, Department of Homeland Security (DHS) Secretary Alejandro N. Mayorkas announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for an additional 18 months. TPS provides temporary suspension of deportation as well as work and travel authorization to the nationals of designated countries who are unable to return to their countries safely due to armed conflict, natural disaster, or other extraordinary temporary conditions (Immigration Act of 1990). [1] The extension of TPS for Haiti will allow Haitian nationals with TPS benefits to re-register for a period of 18 months, from February 4, 2023, through August 3, 2024. The redesignation of Haiti will allow Haitian nationals who have continuously resided in the United States since November 6, 2022, to apply for TPS, provided that they meet other eligibility requirements.

DHS extended TPS for Haiti on the basis of extraordinary and temporary conditions in the country that have prevented Haitian nationals from returning to Haiti safely. These country conditions include “a prolonged political crisis; grave insecurity and gang crime that worsened a dire economic situation; a lack of access to food, water, fuel and health care during a resurgence of cholera; and the recent catastrophic earthquakes.” (DHS 2022)

Political and economic instability following the July 2021 assassination of President Jovenel Moïse have exacerbated gang violence in Haiti. Gang violence not only endangers human security, but also enhances the ability of armed gangs to exert power and control over certain areas, thus limiting access to justice as well as clean water and proper sanitation. [2] Following a devastating earthquake in August, 2021, floods and drought also have increased severe food insecurity in Haiti.

In a recent press release, the UN Human Rights Office of the High Commissioner estimated that 4.7 million Haitians are facing acute hunger. Additionally, poor sanitation and the lack of safe water supplies have caused a cholera outbreak. According to the 2022 UN Global Humanitarian Overview, as of April 2022 an estimated 4.9 million people in Haiti are in need of humanitarian assistance.

In Haiti, international, national, and community-based organizations have been working to address the humanitarian needs of the population. The UN High Commissioner for Refugees has called on all states to stand in solidarity with Haiti and refrain from the forced returns of Haitians amid dire humanitarian and security crises in the country. In the US, immigrant advocacy groups recently called on the administration to extend and redesignate TPS for Haiti, demonstrating their ability to influence immigration policy-making.  Community-based organizations, legal service providers, and advocacy groups should continue to build capacity, provide assistance, and help to integrate Haitians into their local communities. The Biden administration should designate or redesignate TPS for other countries facing grave humanitarian crises and support integration programs for their populations.

[1] S.358 – 101st Congress (1989-1990): Immigration Act of 1990. (1990, November 29). https://www.congress.gov/bill/101st-congress/senate-bill/358

[2] Haiti: Wave of Violence Deepens Crisis, Human Rights Watch, July 22, 2022.  https://www.hrw.org/news/2022/07/22/haiti-wave-violence-deepens-crisis

ECOSOC Ad Hoc Advisory Group on Haiti calls on the International Community to Urgently Support Haiti’s Humanitarian Efforts, 3 November 2022. https://www.un.org/ecosoc/sites/www.un.org.ecosoc/files/files/en/2022doc/AHAGH-statement-on-the-humanitarian-situation-en-3-November-2022.pdf

UN Humanitarian Agencies “Ready to Provide Assistance” to Communities Affected by Gang Violence in Haiti, Press Release, 15 July 2022. https://haiti.un.org/en/190501-un-humanitarian-agencies-ready-provide-assistance-communities-affected-gang-violence-haiti?_gl=1*30xouq*_ga*MTM5NTI0NTMyMS4xNjcxNDc0Mjkx*_ga_TK9BQL5X7Z*MTY3MTQ3NDI5MS4xLjEuMTY3MTQ3NDM5Mi4wLjAuMA

Congressional Research Service (CRS), “Haiti: Political Conflict and U.S. Policy Overview,” in Focus, August 2, 2022.
https://crsreports.congress.gov/product/details?prodcode=IF12182

References

DHS, Department of Homeland Security (2022). Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Haiti for 18 Months. Press Release, December 5, 2022. https://www.dhs.gov/news/2022/12/05/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-haiti-18 

Ruggles, Steven, Sarah Flood, Sophia Foster, Ronald Goeken, Jose Pacas, Megan Schouweiler, and Matthew Sobek (2021). IPUMS USA: Version 11.0 [dataset]. Minneapolis, MN: IPUMS. https://doi.org/10.18128/D010.V11.0.

January 3, 2023