DHS announces new TPS designation for Haiti

24 May 21

UNITED STATES

The Department of Homeland Security (DHS) on Monday announced a new 18-month designation of Temporary Protected Status (TPS) for Haiti.

Key Points:

  • The designation will allow Haitian nationals and individuals without nationality who last resided in Haiti who are in the U.S. to obtain TPS if they meet eligibility requirements and can show continuous residence in the United States as of May 21.
  • Individuals who attempt to travel to the U.S. after May 21 will not be eligible for TPS.
  • The 18-month designation will take effect on the date the notice is published to the Federal Register.
  • Eligible applicants must file an application for TPS with U.S. Citizenship and Immigration Services within the registration period as determined by the notice’s publication in the Federal Register.

Background: DHS initially designated Haiti for TPS in 2010. The Trump administration moved to end Haiti’s TPS designation in January 2018, but termination was challenged in court. Under current injunctions and other court rulings, TPS for Haiti remains in effect pending the outcome of the litigation.

Existing Haitian TPS beneficiaries retain their TPS and TPS-related documents through Oct. 4. DHS will continue to extend the status and documents to beneficiaries if required to comply with court orders. These beneficiaries can also apply to receive TPS for the 18-month period under the new designation.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.  

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