DHS Designates Haiti for Temporary Protected Status

The Department of Homeland Security (DHS) announced a new 18-month Temporary Protected Status (TPS) designation for Haiti on May 22, 2021. Haitian nationals (and those without a nationality who last resided in Haiti) who are currently living in the United States as of May 21, 2021, can file initial applications for TPS, if they meet all eligibility requirements. 

Once the DHS releases the Federal Register notice (FRN) that details instructions on the TPS application process, the 18-month designation period will start. In addition, existing TPS Haiti beneficiaries are also eligible to apply under the new designation. 

DHS Secretary Alejandro Mayorkas designated Haiti for TPS because of extraordinary and temporary conditions that prevent nationals from returning to the country safely. Such conditions are caused by an ongoing political crisis, significant security issues, human rights violations, and an economic crisis due to the COVID-19 outbreak. A country may be designated for TPS based upon one of three grounds: extraordinary and temporary conditions, environmental, and ongoing armed conflict. 

Haiti was initially designated for TPS in the aftermath of a 7.0-magnitude earthquake in January 2010. This designation was extended in 2011 and later redesignated the same year. Then, Haiti’s designation was extended again for 18 months in 2013 and 2015, and in 2017 for six (6) more months. 

But in January 2018, an FRN announced that the end of Haiti’s TPS designation was scheduled for July 22, 2019. However, pending court cases from several separate lawsuits have halted the termination for the time being. Existing beneficiaries retain their existing documentation until October 4, 2021. 

If you are a Haitian national who is interested in obtaining TPS status in Illinois, Texas, or Arizona, contact Gambacorta Law today at (847) 443-9303 to learn how we can help you. Let our firm protect your rights and best interests! 

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