On May 24, 2017 John Kelly, the Secretary of Homeland Security, extended the Temporary Protected Status (TPS) granted to all Haitian nationals residing in the U.S. The current grant expires on July 22, 2017, so the extension would allow Haitian nationals to remain in the country until January 22, 2018 if they re-register.

The extension came after several members of Congress sent a letter to the Secretary Kelly urging the administration to extend TPS because of the severe economic and health conditions found in Haiti.

“TPS is a statutory mechanism that grants work authorization and protection against deportation to nationals of designated countries. TPS, however, does not grant permanent residency, citizenship, or any right to an ongoing immigration status.

The protection was first created by Congress when it passed the Immigration Act of 1990. This early version of the statute granted temporary protection to people unable to return to their home country due to political or environmental catastrophe. It has since been amended to allow the Department of Homeland Security (DHS) to designate a country for TPS when (1) it is unsafe for a national to return home due to an ongoing armed conflict; (2) when the state is not able to accept the return of its nationals due to a natural disaster or environmental catastrophe, and has requested TPS status; or (3) extraordinary and temporary conditions in a state prevent its nationals from returning safely.

The protection was first granted to Haitian nationals by the Obama administration in 2010 after the country was devastated by a catastrophic magnitude 7.0 earthquake. TPS protection for Haitian nationals has been extended several times over the years due to the poor health and economic conditions and lack of recovery from the disaster.

The Trump administration denied the 18 month extension afforded to Haitians by the prior administration, which indicates that this administration is committed to conducting a thorough review of the TPS program. The six month extension also indicates that the U.S. government is permitting both Haitian nationals and the Haitian government time to get their affairs in order before the TPS designation is no longer renewed.

Haitians seeking to take advantage of the extension must re-register by July 24, 2017, at which time the beneficiary must request a new Employment Authorization Document.