TPS for Haitians: A Dangerous Gamble?

On January 21, 2010, the Department of Homeland Security extended Temporary Protected Status (“TPS”) to Haitians living in the United States. TPS is available to certain Haitians who were living in the United States on January 12, 2010 and remain in the United States continuously. The 180-day window to apply for Haitian TPS will end on July 20, 2010.

As of February 17, 2010, U.S. CIS had processed 13,162 applications for Haitian TPS. Approximately 67% of those applications came from Florida. This is a significantly lower than the 100,000 to 200,000 applications immigration advocates had originally expected.

However, in light of TPS’ history in the United States, it is unsurprising that so few Haitians have presented themselves to U.S. CIS and asked for TPS. The Immigration and Nationality Act mandates that the United States Senate may not consider any bill allowing a foreign national on TPS to adjust their status to legal permanent residence (“green card”) status unless a supermajority of the Senate (three-fifths or 60 votes) vote in favor of waiving the rule against allowing green card status to foreign nationals on TPS.

The following are the countries that have been granted TPS status and the year in which it was first designated:

• Liberia (March 1991)
• Somalia (September 1991)
• Sudan (November 1997)
• Nicaragua (January 1999)
• Honduras (January 1999)
• El Salvador (March 2001)

The Senate has never voted to allow any of the foreign nationals from these countries to apply for their green cards. In essence, foreign nationals on TPS present themselves to U.S. CIS and they receive a temporary status and a work permit. However, no one on TPS has ever been allowed to adjust their status to a green card based solely on having TPS.

This makes TPS a dangerous gamble for individuals from these countries. Their choices are: remain unlawful in the United States and hope they aren’t caught OR apply for TPS, give U.S. CIS their name, address and other information and hope they aren’t put into immigration proceedings (and possibly deported) when TPS status to their country is no longer available.

If you’d like this law to change and allow the thousands of individuals who have been in the United States for as many as 19 years to apply for their green cards, please call your Senator at (202) 224-3121 and encourage him or her to repeal 8 U.S.C. Section 244(h).