DHS DESIGNATES HAITI THE TEMPORARY PROTECTED STATUS; EXPANDS EMPLOYMENT OPPORTUNITIES FOR HAITIAN STUDENTS
At a Glance
§ The Department of Homeland Security has newly designated Haiti for Temporary Protected Status (“TPS”) for 18 months from August 3, 2021, to February 3, 2023.
§ The Haitians who have already received the TPS are encouraged to submit a new application under this latest designation.
§ The registration period for all Haiti TPS applications will run from August 3, 2021, through February 3, 2021.
§ During this period of 18 months, eligible individuals can also apply for TPS-related employment authorization documents (“EADs”) and travel permission.
§ DHS has also announced that it will suspend certain employment authorization rules for Haitian students in F-1 status who are experiencing economic hardship due to the ongoing crisis in Haiti.
What is the Temporary Protected Status (“TPS”)?
· TPS was created via the Immigration Act of 1900 and is a temporary status.
· It is provided to the nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions which make it unsafe for these individuals to return.
· It gives the eligible individuals, who are already living in the United States, a temporary work permit and stay on deportation.
· The length of a TPS designation can be range from 6-18 months with the option of extension for years.
· As of May 2021, approximately 320,000 TPS recipients were residing in the country.
Who authorizes the TPS designation?
· The Secretary of Homeland Security has the authority and power to designate a country, or part of a country, with TPS.
· However, the Secretary of DHS has to consult with other government agencies.
· These agencies, although not included especially in the laws, including the Department of State, the National Security Council, and occasionally the Department of Justice (DOJ).
· According to the immigration laws, the DHS’s decision on designating a country, or part of a country, for TPS is final and is not subject to judicial review.
Haiti designated the Temporary Protected Status
· On May 22, Secretary of Homeland Security, Alejandro Mayorkas, announced a new TPS designation for Haiti for 18 months from August 3, 2021, through February 3, 2023.
· This designation allows eligible Haitian nationals (and individuals that have no legal nationality but who last resided in Haiti) who have continuously resided in the United States since July 29, 2021, and who have been continuously physically present in the U.S since August 3, 2021, to apply for TPS.
· TPS beneficiaries whose TPS is in the continuation are required to file a new application to apply for TPS.
For more information on TPS, visit https://www.uscis.gov/humanitarian/temporary-protected-status
Anoushka Mehta
