On November 20, 2017, Acting Department of Homeland Security Secretary Elaine Duke announced her decision to terminate Temporary Protected Status (“TPS”) for Haitians. The decision will take effect 18 months before the Haitian TPS designation terminates on July 22, 2019.
DHS made its decision to terminate TPS for Haiti after reviewing the conditions upon which TPS was based, finding that the temporary conditions caused by the 2010 earthquake no longer exist. Acting Secretary Duke’s action follows an announcement in May 2017 by then-secretary John Kelly announcing a limited extension for Haiti’s TPS designation. In his announcement, then-secretary Kelly stated that Haiti’s recovery from the 2010 earthquake indicated that TPS may no longer be warranted past January 2018.
Acting Secretary Duke has delayed the implementation of her decision for 18 months to allow time for those with TPS to arrange for their departure or seek alternative immigration status in the United States. The delay will also allow time for Haiti to prepare for the return and reintegration of Haitian citizens currently in the United States on TPS.
Haitians with TPS will still need to reapply for employment authorization to legally work in the United States until the end of the termination period.
Immigrant rights groups, including the American Immigration Lawyers Association, oppose termination of TPS for Haitians. If you have any questions or concerns regarding your Haitian TPS, please do not hesitate to contact an attorney at Joseph & Hall P.C., PC.
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