On June 3, 2024, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for 18 months, spanning from August 4, 2024, to February 3, 2026. This decision was made in light of the extraordinary and temporary conditions currently plaguing Haiti. Read this blog to learn more about this recent announcement and what it may mean for you.
Why Was TPS for Haiti Extended and Redesignated?
Haiti continues to grapple with substantial issues that justify extending and redesignating TPS. After consulting with various interagency partners, Secretary Mayorkas concluded that the ongoing violence, insecurity, and inadequate access to crucial resources like healthcare, food, and water in Haiti support this decision.
Additionally, the country’s vulnerability to natural disasters, including storms, floods, and earthquakes, intensifies its humanitarian crisis. The goal of the extension and redesignation is to offer protection to Haitian nationals in the U.S. who cannot safely return to their homeland.
Who Is Eligible for the Extended and Redesignated TPS?
The redesignation allows approximately 309,000 additional Haitian nationals or individuals without nationality who last resided in Haiti to apply for TPS, provided they were residing in the U.S. on or before June 3, 2024, and have maintained continuous residence since then. Eligible individuals can submit an initial Form I-821, Application for Temporary Protected Status, during the registration period from July 1, 2024, to February 3, 2026. They may also apply for TPS-related Employment Authorization Documents (EAD) and travel authorization using Form I-765.
What About Current TPS Beneficiaries?
Current TPS beneficiaries from Haiti must re-register during the 60-day re-registration period from July 1, 2024, to August 30, 2024, to retain their status through February 3, 2026. This re-registration process is vital to ensure that beneficiaries maintain their TPS and work authorization. It is important to note that re-registration is only for individuals who have previously registered and were granted TPS under Haiti’s initial designation.
What Should You Do If Your EAD Expires Before You Receive a New One?
Recognizing the processing delays, the Department of Homeland Security (DHS) has automatically extended the validity of certain EADs issued under Haiti’s TPS designation through August 3, 2025. To obtain an EAD valid beyond this date, beneficiaries must re-register for TPS and file a new Form I-765, as instructed in the Federal Register notice.
Pending Applications and Continuous Enforcement of U.S. Immigration Law
USCIS will continue processing pending TPS applications filed under previous Haiti designations. If an individual’s Form I-821 or Form I-765 is pending as of July 1, 2024, there is no need to reapply. Approved applications will grant TPS and EAD validity through February 3, 2026.
It’s crucial to note that this TPS extension and redesignation do not apply to individuals who were not in the U.S. on or before June 3, 2024. DHS continues to enforce U.S. immigration laws rigorously, particularly against unlawful crossings. The U.S. policy remains firm on returning noncitizens who lack legal grounds to stay in the country.
If you have further questions or require the services of an experienced New York City immigration lawyer, please don’t hesitate to contact the Lightman Law Firm today.
