By: Allen E. Kaye
DHS Notice on Haitian Temporary Protected Status (TPS)
On January 21, 2010 the Department of Homeland Security announced that the Secretary of Homeland Security (Secretary) has designated Haiti for temporary protected status (TPS) for a period of 18 months. Under section 244(b)(1) of the Immigration and Nationality Act, the Secretary is authorized to designate a foreign state for TPS or parts of such state upon finding that such state is experiencing ongoing armed conflict, an environmental disaster, or “extraordinary and temporary conditions.” The Secretary may grant TPS to individual nationals of the designated foreign state (or to eligible aliens having no nationality who last habitually resided in such state) who have been both continuously physically present in the United States since the effective date of the designation and continually residing in the United States since a date determined by the Secretary, and who meet other eligibility criteria. TPS is available only to persons who were continuously physically present in the United States as of the effective date of the designation.
Under this designation, Haitian nationals (and aliens having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since January 12, 2010, and who remain in continual physical presence in the United States from the effective date of the notice, may apply for TPS within the 180-day registration period that begins on the date of publication of the notice. These nationals also may apply for employment authorization documents and for permission to depart from and return to the United States.
This notice also sets forth procedures necessary for nationals of Haiti (or aliens having no nationality who last habitually resided in Haiti) to register and to apply for TPS and employment authorization documents with U.S. Citizenship and Immigration Services.
DATES: This designation of Haiti for TPS is effective on January 21, 2010, and will remain in effect through July 22, 2011. The 180-day registration period for eligible individuals to submit their TPS applications begins January 21, 2010, and will remain in effect until July 20, 2010.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS Web site at http://www.uscis.gov. Select ``Temporary Protected Status'' from the homepage under ``Humanitarian.'' You can find detailed information about this Haitian designation on the USCIS website at the Haitian Questions & Answers Section.
Applicants seeking information about the status of their individual cases can check Case Status Online available at the USCIS Web site (http://www.uscis.gov), or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
The Department of Homeland Security Continues To Assist Recovery Efforts in Haiti
Deploys 49 Personnel to Oversee Pre-Departure Identity Verification
The Department of Homeland Security (DHS) continues to support U.S. government efforts—led by the U.S. Agency for International Development (USAID) and the State Department—by deploying more than 1,000 personnel to provide operational and humanitarian assistance in Haiti following the Jan. 12 earthquake. On Jan. 25, DHS stood up pre-departure identity verification teams in Haiti, comprised of U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE) and Transportation Security Administration (TSA) officials, to streamline and expedite the evacuation process.
"The Department of Homeland Security is committed to supporting the people of Haiti during this time of crisis," said Secretary Napolitano. "We will continue to help coordinate response efforts here at home, deploy personnel and supplies to Haiti to support the disaster recovery efforts on the ground, and assist in the safe and secure evacuation of eligible individuals to the United States."
As of Jan. 25, 24 CBP, 22 ICE and three TSA personnel have begun conducting pre-departure identity verification in Haiti and the Dominican Republic to streamline and expedite the evacuation process; ensure smooth processing when passengers arrive at a U.S. port of entry; and identify individuals who are not eligible to enter the United States and prevent them from boarding a flight.
On Jan. 19, Secretary Napolitano authorized the temporary activation of up to 900 reserve Coast Guard service members to assist U.S. aid efforts in Haiti—many of whom have already arrived in Haiti and are working to strengthen port security in Port Au Prince.
Six Coast Guard cutters and a variety of additional Coast Guard assets are currently operating in Haiti to support military air traffic control, conduct damage assessments, rescue people in need of assistance, provide medical and security support, and help open Haiti’s ports. There are currently 757 Coast Guard personnel assisting with Haiti relief efforts.
The Coast Guard has evacuated 1,164 American citizens, conducted 240 medical evacuations and has delivered 696 first responders to Port Au Prince.
As of Jan. 28, CBP has processed 982 total evacuation flights carrying 18,331 civilian passengers, 506 military passengers, 197 patients, 675 parolees and 483 orphans into the United States. CBP has also processed 270 flights in support of relief workers. TSA officers have assisted with and provided added layers of security to 91 arriving flights that served 7,774 Haitian Evacuees.
In support of the State Department and USAID, the Federal Emergency Management Agency (FEMA) is partnering with the Department of Defense to transport approximately 320 shipping containers of commodities to Haiti.
In addition to deploying critical personnel and supplies to assist the international relief effort, Secretary Napolitano granted Temporary Protected Status to Haitian nationals who were in the United States as of Jan. 12, 2010, and implemented a humanitarian parole policy allowing orphaned children from Haiti with prospective adoptive families in the United States to enter the country temporarily on an individual basis. As of Jan. 28, U.S. Citizenship and Immigration Services (USCIS) in Port Au Prince had processed more than 480 orphan cases.
Department of State 2010 Earthquake in Haiti Webpage and Person Finder
The U.S. Department of State has launched a webpage with information about finding persons missing due to the earthquake in Haiti. Secretary of State Clinton issued the following statement on January 26, 2010: “We are trying to meet the humanitarian needs in this period, while at the same time working with the Haitian Government, the UN, and other countries and organizations to plan for the longer term.”
To ask for or provide information about U.S. Citizens in Haiti, email the Task Force at Haiti-Earthquake@State.Gov, or from the U.S. or Canada, call 888-407-4747. Outside the U.S. and Canada call 202-501-4444.
For U.S. Citizens in Haiti seeking assistance or reporting their status or whereabouts call the Embassy’s Consular Task Force at 509-2229-8942, 509-2229-8089, 509-2229-8322, or 509-2229-8672, or email the Embassy at ACSPaP@state.gov.
For all other nationalities and locations, use the person finder to find and share information about foreign citizens in Haiti. The person finder can be access at the following web address: http://www.state.gov/p/wha/ci/ha/earthquake/index.htm.
When contacting any of the numbers or using the emails above, please include the following information:
- The full name, date of birth and passport information (if known) of the persons in Haiti you are trying to contact;
- Their contact information in Haiti; telephone numbers, email address, hotel name or address (if known);
- Your name and contact information, and your relationship to the person in Haiti (parent, spouse, friend etc.); and,
- Any special or emergency circumstances.
The Task Force in Washington, DC, and the U.S. Embassy in Port-au-Prince will work together to locate and, if needed, provide assistance to U.S. citizens in Haiti. They will respond to each message as soon as possible. If you hear from the person you are concerned about, please be sure to send an email providing the new information about their location or condition.