2024 Haitian TPS Extension and Redesignation Announced
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In a significant move, the Biden administration has announced the extension and redesignation of Temporary Protected Status (TPS) for Haiti, spanning from August 4, 2024, to February 3, 2026. This decision, influenced by the ongoing crisis in Haiti, aims to address the "extraordinary and temporary conditions" that render the nation unsafe for return, including widespread violence and shortages of essential resources such as food, healthcare, and clean water.
Understanding Temporary Protected Status (TPS)
Temporary Protected Status is a legal provision established by Congress as part of the Immigration Act of 1990. It is designed to offer temporary refuge to nationals from countries experiencing armed conflict, environmental disasters, or other extraordinary circumstances that prevent safe return. Once a country is designated for TPS, its nationals already in the United States can apply for this status. TPS recipients must regularly re-register to maintain their status for as long as the designation continues.
Benefits of TPS include:
Protection from Deportation: TPS holders cannot be deported as long as they comply with the status requirements.
Protection from Immigration Detention: TPS holders are protected from detention by Immigration and Customs Enforcement (ICE), provided they do not commit crimes or violate TPS conditions.
Work Authorization: TPS recipients can apply for authorization to work in the United States.
Permission to Travel: TPS holders can apply for permission to travel outside the United States, although this requires a separate application and approval.
No Unlawful Presence: TPS holders do not accumulate unlawful presence, which can affect future immigration relief eligibility.
TPS Extension and Redesignation Announcement
On June 3, 2024, Secretary of Homeland Security Alejandro Mayorkas determined that the conditions in Haiti warranted an 18-month extension and redesignation of TPS. He emphasized that the extension aligns with the national interest of the United States and addresses the ongoing humanitarian crisis in Haiti, marked by violence, insecurity, and limited access to basic necessities.
“We are providing this humanitarian relief to Haitians already present in the United States given the conditions that existed in their home country as of June 3, 2024,” said Secretary Mayorkas. “In doing so, we are realizing the core objective of the TPS law and our obligation to fulfill it.”
The redesignation of Haiti for TPS allows an estimated 309,000 additional Haitian nationals, or individuals without nationality who last resided in Haiti, to apply for TPS if they meet the eligibility criteria and have been residing continuously in the United States since June 3, 2024. The initial registration period for TPS runs from July 1, 2024, through February 3, 2026. Applicants can also apply for Employment Authorization Documents (EAD) and travel authorization by submitting Form I-765 alongside their Form I-821, or separately at a later date. Haitians who were not residing in the United States on or before June 3, 2024, are not eligible for such protection, and will face removal to Haiti if they do not establish a legal basis to stay.
Eligibility Requirements for TPS
To be eligible for TPS under the redesignation, applicants must:
· Be a citizen of Haiti or a person without nationality who last resided in Haiti.
· File during the open registration period.
· Continuously reside and be physically present in the US since the effective designation date.
Current beneficiaries under TPS for Haiti must re-register in a timely manner during the 60-day re-registration periodfrom July 1, 2024, through Aug. 30, 2024, to ensure they keep their TPS and employment authorization. Re-registration is limited to individuals who previously registered for and were granted TPS under Haiti’s initial designation.
Processing of Pending Applications
USCIS will continue to process pending applications filed under previous TPS designations for Haiti. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765 as of July 1, 2024, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Haiti, USCIS will grant the individual TPS through February 3, 2026, and issue an EAD valid through the same date.
The extension and redesignation of TPS for Haiti highlight the US commitment to humanitarian relief in response to the ongoing crises in Haiti. This measure provides much-needed protection and stability to Haitian nationals in the United States, ensuring their safety and ability to contribute to the economy without fear of deportation.
TPS has many eligibility requirements, so it is extremely important to consult a competent and experienced immigration attorney. Email Elizee Law Firm at intro@elizeelawfirm.com, our skilled immigration lawyers can answer any questions about TPS and guide you through every step of the process. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com
Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.
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