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Allow illegal Haitians to remain in U.S.

After the 7.0 magnitude earthquake pulverized Haiti’s capital and surrounding areas, leaving millions homeless and tens of thousands dead, deporting undocumented Haitians from the U.S. would have been unconscionable.

On Friday, January 15, three days after the disastrous event, President Barack Obama and Department of Homeland Security Secretary Janet Napolitano announced the designation of Temporary Protected Status (TPS) for the Haitian nationals in the U.S. as of January 12, 2010.

“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,” said Napolitano.

TPS status grants about 130,000 undocumented Haitians – 30,000 of which have been scheduled for deportation – the ability to live and work in the U.S. for the next 18 months.

Napolitano acknowledged that due to the dire circumstances a new migratory wave of Haitians may try to seek refuge in the U.S. However, she emphasized that only Haitians in the U.S. before the earthquake would be eligible for TPS status.

Typically after the 18 months of TPS status removal procedures begin, but TPS can be renewed as has been the case with previous TPS groups like Hondurans and El Salvadorans after Hurricane Mitch in 1998, according to immigration attorney Lisa Reiner, who is the Associate Director at the Community Legal Resource Network at the CUNY School of Law.

“TPS is definitely renewable and it is renewed based on need,” she said.

In the immediate days after the earthquake, many elected officials including NY State Senator Kirsten Gillibrand and Congressmember Nydia Velazquez sent letters to Obama urging him to grant TPS to Haitians. They commended the administration’s quick response, which they said would mitigate some of the country’s problems.

“For Haitians in the United States, there is simply no option to return home now, and those who have been granted TPS can work in the United States and send resources home to their families and friends,” said Velazquez. “As an immediate form of humanitarian aid, TPS will allow the Haitian government to invest all of its attention and resources to helping those most at need.”

Haitians in the U.S. who are eligible to apply for TPS should contact Custom and Immigration Services at the toll-free hotline 1-800-375-5283 or go to www.uscis.gov.