Jon E. Jessen Immigration Law Blog - NEW LEGISLATION

HAITIAN TPS BILL FILED BY FLORIDA CONGRESSMAN

On January 6, 2009 U.S. Representative Alcee L. Hastings (Miramar, Florida) re-submitted a bill entitled "Haitian Protection Act of 2009" (H.R. 144) to Congress (http://www.alceehastings.house.gov/index.php?option=com_content&task=view&id=224).The bill proposes that eligible Haitian citizens currently living in the United States be granted Temporary Protected Status (TPS).  A Haitian granted TPS by the Department of Homeland Security would be given temporary legal status in the U.S. during the TPS period.  The bill states that TPS should be granted for Haitians de to the fact that "Haiti remains severely devastated by the combined effects of an ongoing food crisis and the aftermath of the natural disasters of 2008, including Tropical Storms Fay and Hanna, and the Hurricanes Gustav and Ike."  The bill further states that "nearly 800 people died as a result of the tropical storms and hurricanes in 2008" in Haiti.  In addition, the bill cites that "the United States Agency for International Development estimates that 35,000-40,000 people remain homeless across the country and over 100,000 homes were damaged or destroyed as a result of the storms."  Moreover, the bill emphasizes that beginning in April 2008 the Department of State posted a travel advisory to citizens of the U.S. warning that Haiti is not safe due to the lack of effective law enforcement in Haiti and the consequential looting, violent crime and kidnappings.  The bill also sets forth that "there is a well-documented history of discrimination against Haitian nationals in the United States immigration process."  The bill mentions that "TPS has been granted to nationals of many countries including those of Nicaragua and Honduras in 1999 following Hurricane Mitch, and of El Salvador in 2001 following severe earthquakes."  Also noted in the bill is the fact that Rene Preval, President of Haiti, sent a written request to President George W. Bush that eligible Haitians currently residing in the U.S. be granted TPS.  President Preval also made a request for TPS at the Americas Conference on October 3, 2008 and emphasized that "Haiti is no longer able to receive the deported individuals that the United States sends to Haiti on a regular basis." The bill calls for an initial period of TPS beginning on the date that the bills becomes law for a period of 18 months.  The bills states that Haitian citizens living in the U.S. are eligible for TPS if they are admissible under the federal regulations, are not otherwise ineligible for TPS and register for TPS pursuant to procedures set forth b the Department of Homeland Security (DHS).  The bill also proposes that Haitians granted TPS shall be eligible to travel outside the U.S. if granted permission by DHS but only if DHS is satisfied "that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad." For a full copy of the bill go to: Bill for Haitian TPS Introduced to Congress.pdf (194.03 kb)

 

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