US Grants TPS for Haitians

As a result of the devastating earthquake and aftershocks that hit Haiti on January 12, Homeland Security Secretary Janet Napolitano announced that Haitians in the US would be granted Temporary Protected Status, or TPS.

TPS allows for nationals of a country affected by temporary negative conditions to legally live and work in the US without fear of being deported or sent back to a country where living conditions are compromised or safety is at risk.

But TPS isn’t automatic or open-ended. There is a list of requirements a Haitian national must meet to qualify for and obtain TPS.

TPS Qualifications and Requirements

Just hours after the earthquake occurred, concerned individuals, lawyers and immigration groups were calling for TPS and deferred enforced departure for Haitians in the US. Three days later, the US approved a period of TPS for Haitian nationals.

The TPS period is for 18 months and Haitians have 180 days to register for it. To qualify, these requirements must be met:

• Must have continuously resided in the US since the date of the earthquake
• Must satisfactorily submit all TPS forms with their application fees
• Must meet general admissibility requirements

The forms to submit are Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization. The fees are $80 and $340 respectively. Those who cannot afford the fees may submit a fee waiver request along with documentation supporting the inability to pay.

Haitians who may be rendered inadmissible include those convicted of a felony or two or more misdemeanors.

The forms, full requirements and a list of frequently asked questions are available on the US Citizenship and Immigration Services website.

Dissenting Opinions on TPS

The group Federation for American Immigration Reform (FAIR) said in a press release that the decision to grant TPS for Haitians was “reckless and overbroad,” saying that TPS shouldn’t cover Haitian nationals living in the US illegally and that the US will likely extend the TPS after the designated 18 months are up.

“TPS will do nothing to get Haiti back on its feet and will have long-term negative repercussions for both Haiti and the United States,” said Dan Stein, president of FAIR, in a statement, arguing that TPS comes at the expense of the public welfare and security of the United States.

Right now, the Department of Homeland Security has pledged continuing US support for Haitians, yet remains firm on the designated 18-month period of TPS.

“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can,” said Secretary Napolitano in a statement.

“Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”