DHS Designates Haiti for TPS for 18 Months

On May 22, 2021, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas announced a new Temporary Protected Status (TPS) designation of Haiti for 18 months. Qualified Haitian nationals (and individuals without a nationality who last lived in Haiti) who are currently living in the United States as of May 21, 2021, can file initial applications for TPS.

Haiti’s 18-month designation will become effective when the DHS publishes a Federal Register notice (FRN), which will provide instructions on how to apply for TPS, as well as work authorization.

DHS Secretary Mayorkas said:

“Haiti is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic.”

Haiti was granted TPS designation due to extraordinary and temporary conditions in the country that prevents nationals from safely returning. These conditions include political turmoil, abuses of human rights, security shortcomings, and an economic crisis caused by the COVID-19 pandemic.

The following are the three statutory grounds for TPS designation:

  • Environmental disasters

  • Ongoing armed conflict

  • Extraordinary and temporary conditions

In January 2010, the DHS granted Haiti TPS designation because of the devastation caused by the 7.0-magnitude earthquake. Haiti’s designation was then extended in 2011, as well as in 2013 and 2015 for 18 months, and in 2017 for an additional six (6) months.

However, a Federal Register Notice (FRN) announced that Haiti’s TPS designation will be terminated on July 22, 2019. But due to several pending lawsuits and other court rulings, TPS for Haiti remains in effect pending the outcomes of current cases.

Existing TPS beneficiaries will keep their status through October 4, 2021, and the DHS will continue to extend the designation, in compliance with court orders. Fortunately, these beneficiaries are also eligible to apply under the new TPS designation for 18 months, once the FRN is published.

If you are a Haiti national in Phoenix and you are interested in obtaining TPS designation, contact Kanu & Associates, P.C. today at (602) 353-7795 for a case evaluation. Serving Arizona for nearly two decades!

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