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DHS Announces New Temporary Protected Status Designation for Haiti

May 24, 2021

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At a Glance

  • Eligible Haitian nationals currently residing in the United States as of May 21, 2021, will be able to file for Temporary Protected Status (TPS) and related work authorization under a new 18-month designation for Haiti.
  • Those who may be eligible to file include Haitian nationals who received TPS under the previous 2010 designation, which was slated for termination by the Trump Administration and which is the subject of ongoing litigation.
  • DHS is expected to publish a Federal Register notice announcing the registration period and procedures in the near future.

A closer look

Homeland Security Secretary Alejandro Mayorkas has announced that he will designate Haiti for Temporary Protected Status (TPS) and related benefits because of ongoing political, security, and economic conditions that have been exacerbated by the COVID-19 pandemic.  Eligible Haitian nationals and those who last resided in Haiti will be able to apply for 18 months of TPS benefits provided that they were residing in the United States as of May 21, 2021, and meet other eligibility criteria.  DHS is expected to publish a Federal Register notice announcing the TPS registration period and application procedures in the near future.

Haiti and Temporary Protected Status

Haiti was originally designated for TPS in 2010, in the wake of a major earthquake.  The designation was extended several times until January 2018, when the Trump Administration announced it would terminate Haiti from the TPS program in 2019.  The announced termination is the subject of ongoing challenges in federal court, with temporary extensions granted by court order to affected Haitian nationals through October 4, 2021.  Those granted TPS benefits under the 2010 designation are eligible to apply under the new TPS designation; DHS has also said it will continue to grant extensions of benefits under the prior designation as required by court orders.

Fragomen is closely monitoring the Haiti TPS designation and will issue future client alerts when DHS discloses the new registration period and procedures.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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