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Nov 20, 2024
Temporary Protected Status (TPS) is a temporary immigration status that grants some Haitians protection from deportation and the ability to obtain a work permit.
For Haitians, TPS has been particularly important due to the ongoing political turmoil, rampant gang violence, and devastating humanitarian crisis that continues to grip the island nation.
In a significant development for the TPS Haiti program, the Biden administration announced an 18-month extension and redesignation of TPS for Haiti in June 2024.
This extension, running through February 3, 2026, offers continued protection for existing beneficiaries and opens a window for new applicants who meet specific eligibility criteria. In this article, we will briefly discuss the background of Haiti's political and humanitarian crisis, elaborate on the TPS extension, and provide an overview of the TPS eligibility and application process.
The decision to extend and redesignate TPS for Haiti reflects urgent concerns surrounding ongoing turmoil in the country. Haiti remains locked in severe political instability, fueled by persistent government corruption and a weak rule of law—conditions which have left the nation vulnerable to unrest and pervasive violence. This instability has worsened since the assassination of President Jovenel Moïse in July 2021. Since this event has yet to be resolved, it’s left a significant power vacuum and heightened the country’s security crisis. This environment has further fueled gang violence, frequent kidnappings, and widespread insecurity, making basic movement perilous for ordinary citizens.
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In addition to internal instability, U.S. federal court decisions have shaped TPS considerations for Haitians. The Ramos v. Nielsen and Saget v. Trump cases addressed challenges to the federal government’s TPS policies—with the former directly impacting Haitians by halting a planned termination of TPS. The rulings reinforced the necessity of TPS as a safeguard for individuals from countries facing extraordinary and temporary conditions. Furthermore, a district court injunction blocked efforts to end TPS in multiple countries, including Haiti, underscoring the need for protection due to unsafe conditions.
Adding to these challenges, a dire humanitarian situation, exacerbated by natural disasters and economic hardship, has left millions in desperate need of basic necessities like food, water, and healthcare. Poverty is widespread, and economic opportunities are scarce—further contributing to the instability and hindering recovery efforts. These interconnected challenges make it unsafe for many Haitians to return home—highlighting the need for extending TPS protections.
The Department of Homeland Security (DHS), under Secretary Alejandro Mayorkas, announced the extension and redesignation of TPS for Haiti on June 28, 2024. This decision was made to recognize the severe and persistent conditions in Haiti that prevent the safe return of Haitian nationals.
The extension and redesignation provide continued protection for current TPS beneficiaries and also offer an opportunity for new applicants to gain TPS status. The recent extension grants an additional 18 months of TPS for Haiti, extending the designation until February 3, 2026. As things stand, current beneficiaries must have re-registered during the 60-day window, from July 1, 2024, to August 30, 2024. The re-registration period allows the United States Citizenship and Immigration Services (USCIS) to update records and ensure that beneficiaries still meet the eligibility requirements.
To qualify for TPS under this extension and redesignation, individuals must meet specific criteria:
To apply for or renew TPS Haiti, individuals must submit a complete application package to USCIS. This package should include Form I-821 (the application that establishes the applicant's eligibility for TPS) and Form I-765 (which is necessary for those seeking employment authorization). Along with these immigration forms, applicants are required to provide supporting documentation that proves their nationality, continuous residence in the U.S., and physical presence. Commonly accepted documents include passports, entry stamps, utility bills, lease agreements, and employment or school records.
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Applicants may also need to attend a biometrics appointment at a USCIS Application Support Center (ASC) for identity verification. It's essential to advise clients that TPS Haiti processing times can fluctuate due to the volume of applications and the complexity of individual cases. Thus, submitting applications as early as possible within the designated registration period is advisable to minimize the risk of delays.
Notably, recent updates indicate that countries like Haiti and Sudan have been newly designated for TPS—providing fresh opportunities for clients who may have missed previous application windows. This development is particularly important for individuals affected by ongoing litigation surrounding earlier TPS designations, as these new designations offer a more secure path for obtaining TPS.
Immigration attorneys should ensure that their clients understand the importance of timely applications and stay updated on any changes in eligibility criteria or processing timelines.
The election of President Donald Trump has introduced uncertainty regarding the future of Haitian TPS. During his campaign, President Trump expressed intentions to terminate TPS for Haitian nationals and initiate deportations. In October 2024, he stated, "Absolutely I’d revoke it and I’d bring them back to their country," specifically referring to Haitian migrants in Springfield, Ohio.
These statements have caused concern among Haitian communities in the U.S., leading to instances where Haitian migrants have left areas like Springfield due to fears of deportation.
While the DHS has extended TPS for Haiti until February 2026, the program's continuation is subject to the administration's policies. The President has the authority to terminate TPS designations, which could affect the legal status of Haitian nationals currently under the program.
The TPS extension presents both opportunities and challenges for immigration lawyers. It requires them to be proactive in assisting Haitian clients and staying informed about the latest developments. Lawyers also need to carefully assess each client's situation to confirm they meet the continuous residence and physical presence requirements—which may involve reviewing passports, entry stamps, and other relevant documentation.
They must also guide clients in compiling a complete application package (including Form I-821 and Form I-765) and supporting evidence such as copies of passports and visas, proof of residence like utility bills and lease agreements, and evidence of continuous physical presence (which could include school or employment records).
For new tips on Haiti TPS policies, lawyers need to stay informed and monitor any changes to processing times, procedures, or eligibility requirements by regularly checking the USCIS website and subscribing to relevant alerts.
Resources such as the Department of Homeland Security website, USCIS website, and the Docketwise blog provide essential updates and insights on TPS policies and procedures.
While USCIS strives to process applications efficiently, it’s experiencing delays across various categories, including TPS. Unfortunately, there's no precise timeframe for Haitian TPS applications. Attorneys should prepare clients for the possibility of extended processing times, which can vary based on individual circumstances and USCIS workloads.
Here's a breakdown of current fees for TPS Haiti applications (fees are subject to change so always check for the latest data on USCIS):
With constant legal changes, immigration lawyers need robust case management processes to stay agile, ensure accuracy, and provide timely support to their clients.
Docketwise offers valuable tools for attorneys seeking to efficiently manage their Haitian TPS cases, including USCIS case tracking, immigration form automation, and client relationship management tools. Docketwise helps ensure that deadlines are met and clients receive comprehensive support.
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