TPS: TRUMP ADMINISTRATION TO END HAITIAN TPS IN JULY 2019!

https://www.nytimes.com/2017/11/20/us/haitians-temporary-status.html

Miriam Jordan reports for the NYT:

“The Trump administration is ending a humanitarian program that has allowed some 59,000 Haitians to live and work in the United States since an earthquake ravaged their country in 2010, officials said on Monday.
Haitians with what is known as temporary protected status will be expected to leave the United States by July 2019 or face deportation.
The decision, while not a complete surprise, set off immediate dismay among Haitian communities in South Florida, New York and beyond. Haiti, the poorest country in the Western Hemisphere, is still struggling to rebuild from the earthquake and relies heavily on money its expatriates send to relatives back home.
The Haitian government had asked the Trump administration to extend the protected status.”

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On the bright side, Congress has 18 months to come up with a permanent solution.

PWS

11-20-17

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Nolan Rappaport
Nolan Rappaport
7 years ago

Temporary Protected Status is defined by statute. It isn’t a simple matter of creating a humanitarian program. Miraim’s comment would have been useful if he based it on the statutory provisions.
Sec. 244 of the INA, 8 USC 1254
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7238.html#0-0-0-272

Nolan Rappaport
Nolan Rappaport
7 years ago

The provisions require more than an exercise in humanitarian discretion. It is permitted only when temporary conditions permit the country in question from adequately handling the return of their nationals.

TPS was granted on the basis of an earthquake in 2010, which was seven years ago, and according to DHS, the number of displaced persons in Haiti has decreased by 97 percent. What basis is there for finding that Haiti still can’t handle the return of the Haitis currently here on TPS….particularly in view of the fact that they have 18 months to get ready? See Acting Sec. Duke’s statement at
https://www.dhs.gov/news/2017/11/20/acting-secretary-elaine-duke-announcement-temporary-protected-status-haiti

The statutory provisions also make it virtually impossible for Congress to establish a permanent solution. Or do you think a supermajority vote in favor of giving LPR status to 60,000 Haitians is feasible?

I think caution should be observed in this situation. TPS is supposed to be temporary. If the democrats resist too hard when DHS pulls the plug on TPS beneficiaries who have been here for more than seven years, the republicans might decide that the TPS provisions should be revised to prevent benefits from lasting for a period of years.

Nolan Rappaport
Nolan Rappaport
7 years ago

I never suggested that conditions are good in Haiti, or that the TPS Haitians should want to return. My point is that the discussion, particularly on this website, should be based on statutory TPS factors. Much of what Paul is saying and observations he has referred to are not statutory TPS factors.

Incidentally, I couldn’t find reference to “a still-raging cholera epidemic” in the State Department’s Haiti Travel Warning, which was updated recently. But it does indicate why the TPS Haitians don’t want to go back.

Haiti Travel Warning
LAST UPDATED: SEPTEMBER 12, 2017
The Department of State warns U.S. citizens to carefully consider the risks of traveling to Haiti due to its current security environment and lack of adequate medical facilities and response. U.S. citizens are informed that the U.S. Embassy has resumed normal operations following Hurricane Irma. The authorized departure of non-emergency employees was lifted September 12, 2017. This is an update to Travel Warning issued on September 05, 2017.

Rates of kidnapping, murder, and rape rose in 2016. While there is no indication that U. S. citizens are specifically targeted, kidnapping for ransom can affect anyone in Haiti, particularly long-term residents. Armed robberies and violent assaults reported by U.S. citizens have risen in recent years. Do not share specific travel plans with strangers. Be aware that newly arrived travelers are targeted. Arrange to have your host or organization meet you at the airport upon arrival or pre-arranged airport to hotel transfers. Be cautious when visiting banks and ATMs, which are often targeted by criminals. Fewer incidents of crime are reported outside of Port-au-Prince, but Haitian authorities’ ability to respond to emergencies is limited and in some areas nonexistent. U.S. Embassy employees are discouraged from walking in city neighborhoods, including in Petionville. Visit only establishments with secured parking lots. U.S. Embassy personnel are under a curfew from 1:00 a.m. to 5:00 a.m. Embassy personnel must receive permission from the Embassy security officer to travel to some areas of Port-au-Prince and some regions of the country, thus limiting the Embassy’s ability to provide emergency services to U.S. citizens.

Protests, including tire burning and road blockages, are frequent and often spontaneous. Avoid all demonstrations. The Haitian National Police’s ability to assist U.S. citizens during disturbances is limited. Have your own plans for quickly exiting the country if necessary.

The U.S. Embassy remains concerned about the security situation in the southern peninsula departments of Grand Anse and Sud following the devastation of Hurricane Matthew. Embassy employees are not permitted to travel to those departments without special approval for and official trips only.

Medical care infrastructure, ambulances, and other emergency services are limited throughout Haiti. Check that your organization has reliable infrastructure, evacuation, and medical support in place. Comprehensive medical evacuation insurance is strongly advised for all travelers.

The authorized departure of non-emergency employees has been lifted. This is an update to Travel Warning issued on September 05, 2017.