U.S. Grants Temporary Protected Status (TPS) to Haitians

The tragic 7.0 earthquake that hit Haiti on January 12, 2010 took tens of thousands lives and left even more homeless and devastated. This is the worst earthquake that the country has seen in more than 200 years. Buildings in and near the capital city of Port-au-Prince - the epicenter of the deadly quake - were not built to resist earthquakes and, consequently, suffered severe damages. Even the presidential palace collapsed shortly after the quake. For a country that is already the poorest in the Western Hemisphere, a quake of this magnitude is particularly unbearable.

The U.S. has responded quickly to this natural disaster by offering aid, food, water and other resources to Haiti. The USCIS has temporarily extended its toll free live assistance at 1-800-375-5283 until 11pm local time in response to the situation in Haiti. On the 13th, the U.S. Immigration and Customs Enforcement (ICE) announced that it would halt all deportations to Haiti. On the 15th, the Secretary Janet politano of the U.S. Department of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. By this designation of the United States government, Haitian nationals who are alread in the U.S. will be allowed to continue staying in the U.S. to live and work for the next 18 months.

TPS is a special status that the U.S. grants to nationals of other countries who are already present in the U.S. from time to time. In general, the Secretary of Homeland Security (DHS) may designate a foreign country for TPS when the country conditions make it dangerous for its nationals to return to, or the country is unable to handle the return of its nationals safely or adequately. TPS is usually granted when there is ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane), or other extraordinary and temporary conditions. During a designated TPS period, eligible foreign nationals are not deportable from the United States, cannot be detained by DHS, can obtain an employment authorization document (EAD), and may apply for travel authorization. Countries that were designated for TPS include El Salvador, Honduras, Nicaragua, Somalia and Sudan.

It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to enter the U.S. after January 12, 2010 will not be eligible for TPS and will be returned. Although TPS itself does not confer permanent resident status, a TPS beneficiary may apply for a green card if he or she is otherwise qualified such as through a family relationship. A foreigner may also be granted TPS status in deportation proceedings by an Immigration Judge or the Board of Immigration Appeals. To be eligible for TPS, one must be a national of a country designated for TPS ( or a person without nationality who last lived in the designated country), be continuously present in the U.S. since the date of designation, and properly files an application for TPS. Violators of the law including criminals, persecutors and terrorists are not eligible for TPS status.