United States: DHS to Terminate TPS for Haiti with 18-Month Delay

Temporary protected status for Haiti will be terminated effective July 22, 2019. Haitian TPS beneficiaries will be required to re-register to extend their benefits through the expiration date.

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Nov 21, 2017

The Department of Homeland Security (DHS) has determined  that conditions in Haiti no longer warrant continued Temporary Protected Status (TPS) for that country's citizens. According to Acting DHS Secretary Elaine Duke, Haiti has made adequate progress in recovering from the 2010 earthquake that prompted the country's initial designation for the program. Secretary Duke did not address conditions caused by Hurricane Matthew in 2016 and subsequent events.  

A closer look

  • TPS will be terminated for Haiti effective July 22, 2019.
  • DHS advises beneficiaries to seek another U.S. immigration status or depart by the expiration date.
  • Haitian TPS beneficiaries will need to re-register to extend their status and work authorization. DHS is to issue instructions and announce the re-registration period in the near future.  

Temporary Protected Status: Background 
DHS may temporarily designate a foreign country for TPS when its nationals in the United States are unable to safely return. Eligible TPS beneficiaries are not removable from the United States and may apply for work and travel authorization for the designated TPS period. After a country is initially designated for the program, DHS typically grants renewals in 18-month increments. Beneficiaries must re-register accordingly in order to maintain TPS status.  The following countries are currently designated for TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen.  Several weeks ago, DHS announced that it will terminate TPS for Nicaragua effective January 5, 2019 and will temporarily extend TPS for Honduras through July 5, 2018 while it considers a final decision on redesignation of that country. The agency announced in October that TPS for Sudan will terminate on November 2, 2018. DHS is expected to announce its decision on the future of TPS for El Salvador in the near future.  

Looking ahead 
The termination of TPS for Haiti means that beneficiaries will lose work authorization and the ability to remain in the United States unless they are able to obtain another lawful status by July 22, 2019.  Fragomen is closely tracking the future of TPS for beneficiaries from El Salvador, Honduras and other countries with approaching TPS expirations, and will provide updates as developments occur. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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