Notice2021-16481
Designation of Haiti for Temporary Protected Status
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Effective
August 3, 2021
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Haiti for Temporary Protected Status (TPS) for 18 months, effective August 3, 2021, through February 3, 2023. This designation allows eligible Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since July 29, 2021, and who have been continuously physically present in the United States since August 3, 2021 to apply for TPS. TPS beneficiaries whose TPS has been continued pursuant to court orders, as described in 85 FR 79208 (Dec. 9, 2020) should newly apply for TPS following the instructions in this Notice.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41863-41871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16481]
[[Page 41863]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2693-21; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Designation of Haiti for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
designating Haiti for Temporary Protected Status (TPS) for 18 months,
effective August 3, 2021, through February 3, 2023. This designation
allows eligible Haitian nationals (and individuals having no
nationality who last habitually resided in Haiti) who have continuously
resided in the United States since July 29, 2021, and who have been
continuously physically present in the United States since August 3,
2021 to apply for TPS. TPS beneficiaries whose TPS has been continued
pursuant to court orders, as described in 85 FR 79208 (Dec. 9, 2020)
should newly apply for TPS following the instructions in this Notice.
DATES: Designation of Haiti for TPS: The 18-month designation of Haiti
for TPS is effective on August 3, 2021 and will remain in effect for 18
months, through February 3, 2023. The registration period for eligible
individuals to submit TPS applications begins August 3, 2021, and will
remain in effect through February 3, 2023.
FOR FURTHER INFORMATION CONTACT: You may contact Andria Strano, Acting
Chief, Humanitarian Affairs Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD
20746, or by phone at 800-375-5283.
ADDRESSES: For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. You can find specific
information about Haiti's TPS designation by selecting ``Haiti'' from
the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit <a href="http://uscis.gov/tools">uscis.gov/tools</a>. Our online virtual assistant, Emma, can answer many of your
questions and point you to additional information on our website. If
you are unable to find your answers there, you may also call our USCIS
Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their individual
cases may check Case Status Online, available on the USCIS website at
<a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="http://uscis.gov/contactcenter">uscis.gov/contactcenter</a>.
Further information will also be available at local USCIS offices
upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice Civil, Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action (TPS)
Through this Notice, DHS sets forth procedures necessary for
beneficiaries whose TPS has been continued pursuant to court orders, as
described in 85 FR 79208 (Dec. 9, 2020), to newly apply for TPS.\1\
This Notice also sets forth procedures for other eligible nationals of
Haiti (or individuals having no nationality who last habitually resided
in Haiti) to submit an initial registration application under the
designation of Haiti for TPS and apply for an EAD. Under the
designation, individuals may submit an initial Application for
Temporary Protected Status (Form I-821), and they may also submit an
Application for Employment Authorization (Form I-765) during the
registration period that runs from August 3, 2021 through February 3,
2023. Under section 244(b)(1)(C) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1254a(b)(1)(C), the Secretary is authorized to
designate a foreign state (or any part thereof) for TPS upon finding
that extraordinary and temporary conditions in the foreign state
prevent its nationals from returning safely, unless permitting the
foreign state's nationals to remain temporarily in the United States is
contrary to the national interest of the United States.
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\1\ Since its first litigation compliance Federal Register
notice, DHS has repeatedly emphasized and reserved its statutory
authority to conduct re-registration of beneficiaries, including
those under the Haiti TPS designation, whose TPS is presently
continued under the preliminary injunctions issued in Ramos, et al.
v. Nielsen, et. al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018)
(``Ramos''), on appeal 975 F.3d 872 (9th Cir. 2020), petition for en
banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget, et. al.,
v. Trump, et. al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019)
(``Saget'') appeal filed, No. 19-1685 (2d Cir.); and Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai'').
See 85 FR at 79209-10; 84 FR 59403, 59406(Nov. 4, 2019); 84 FR 7103,
7105 (March 1, 2019); 84 FR 45764, 45765-66 (Oct. 31, 2018). See
also infra for discussion of these lawsuits.
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In addition to demonstrating continuous residence in the United
States since July 29, 2021, and meeting other eligibility criteria,
applicants for TPS under this designation must demonstrate that they
have been continuously physically present in the United States since
August 3, 2021, the effective date of this designation of Haiti, for
USCIS to grant them TPS. USCIS estimates that approximately 155,000
individuals are eligible to apply for TPS under the designation of
Haiti.\2\
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\2\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically,
the length of the initial registration period has varied. Compare 66
FR 14214 (March 9, 2001) (18 month initial registration period for
applicants under TPS designation for El Salvador) with 80 FR 36346
(June 24, 2015) (180-day initial registration period for applicants
under TPS designation for Nepal). In recent years this period has
generally been limited to the statutory minimum of 180 days,
although later extensions of the initial registration period have
also been announced for some countries. See, e.g., 81 FR 4051 (Jan.
25, 2016) (setting 180-day initial registration period during
extension and redesignation of South Sudan for TPS); 78 FR 1866
(Jan. 9, 2013) (setting 180-day initial registration period during
extension and redesignation of Sudan for TPS); 75 FR 39957 (July 13,
2010) (extension of previously announced initial 180-day
registration period for Haiti TPS applicants to allow more time for
individuals to apply). After evaluating whether to limit the initial
registration period for TPS under this new designation of Haiti to
the statutory minimum of 180 days, DHS has determined that it will
provide the full 18 months of this designation for applicants to
file their initial registration Form I-821 and, if desired, Form I-
765 to obtain employment authorization documentation. Limiting the
initial registration period to 180 days may place a burden on
applicants who are unable to timely file but would otherwise be
eligible for a grant of TPS. In addition, permitting registration
throughout the entirety of the designation period could reduce the
operational burden on USCIS, as incoming applications may be spread
out over a longer period of time. This extended registration period
is both in keeping with the humanitarian purpose of TPS and will
better advance the goal of ensuring ``the Federal Government
eliminates . . . barriers that prevent immigrants from accessing
government services available to them.'' See Executive Order 14012,
Restoring Faith in Our Legal Immigration Systems and Strengthening
Integration and Inclusion Efforts for New Americans, 86 FR 8277
(Feb. 5, 2021).
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[[Page 41864]]
What is Temporary Protected Status (TPS)?
<bullet> TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state.
<bullet> During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
<bullet> TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
<bullet> The granting of TPS does not result in or lead to lawful
permanent resident status.
<bullet> To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
<bullet> When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
Is Haiti's previous designation for TPS still in effect?
On January 21, 2010, former Secretary of Homeland Security Janet
Napolitano designated Haiti for TPS under INA section 244(b)(1)(C)
based on extraordinary and temporary conditions within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
on January 12, 2010.\3\ In 2011, Haiti's designation was extended, and
Haiti was also redesignated for TPS at the same time, expanding the
number of Haitians in the United States eligible for TPS.\4\ Haiti's
designation was subsequently extended \5\ several additional times
before the termination was announced on January 18, 2018.\6\
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\3\ See Designation of Haiti for Temporary Protected Status, 75
FR 3476 (Jan. 21, 2010).
\4\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 76 FR 29000 (May 19, 2011),
\5\ See Extension of the Designation of Haiti for Temporary
Protected Status, 77 FR 59943 (Oct. 1, 2012), Extension of the
Designation of Haiti for Temporary Protected Status, 79 FR 11808
(March 3, 2014); Extension of the Designation of Haiti for Temporary
Protected Status, 80 FR 51582 (Aug 25, 2015); Extension of the
Designation of Haiti for Temporary Protected Status, 82 FR 23830
(May 24, 2017).
\6\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (January 18, 2018).
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The termination of Haiti's TPS designation is being challenged in
several separate lawsuits, and court injunctions currently require DHS
to continue TPS temporarily for Haiti pending further court order.\7\
There are approximately 55,000 beneficiaries under the TPS designation
for Haiti that the courts have continued and whose TPS-related
documentation is automatically extended at least through October 4,
2021, in compliance with the court orders, unless a beneficiary's TPS
is withdrawn for individual ineligibility.\8\ Beneficiaries under the
TPS designation for Haiti that continues under the Ramos and Saget
preliminary injunctions who maintain individual eligibility for TPS
will maintain their status as long as the injunctions in these lawsuits
remain in effect and in accordance with the compliance notice that DHS
published on December 9, 2020, unless superseded by future court orders
or compliance notices.\9\ The continuation of the 2011 designation of
Haiti required by the preliminary injunctions is not a statutory
``extension'' of the designation determined by the Secretary as
described in section 244(b)(3)(C) of the INA. Individuals with existing
TPS who are covered by those injunctions should newly apply for TPS
under this designation. This will help ensure that eligible individuals
maintain TPS under this new designation of Haiti even if the
injunctions cease to be in effect. An estimated additional 100,000
nationals of Haiti (and individuals having no nationality who last
habitually resided in Haiti), regardless of their country of birth,
will become eligible for TPS under this new designation, for an
estimated total of 155,000 individuals who could potentially apply or
re-apply for TPS under the new TPS designation.
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\7\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition
for en banc rehearing filed Nov. 30, 2020 (No. 18-16981)(district
court's preliminary injunction against termination of four
countries' TPS, including TPS for Haiti remains in effect pending
9th Circuit consideration of plaintiffs' request for en banc
rehearing of appellate panel decision to vacate the district court
injunction); Saget v. Trump, No. 1:18-cv-1599 (E.D.N.Y.)
(preliminary injunction against termination of Haiti's TPS), appeal
filed, No. 19-1685 (2d Cir.); NAACP v. DHS, No. 18-cv-00239 (D.
Md.); and Centro Presente v. Trump, No. 18-cv-10340 (D. Mass).
\8\ TPS-related documentation includes certain Employment
Authorization Documents (EADs); Notices of Action (Forms I-797); and
Arrival/Departure Records (Forms I-94) as described in Continuation
of Documentation for Beneficiaries of Temporary Protected Status
Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and
Nepal, 85 FR 79208, (Dec. 9, 2020). If necessary, DHS will publish
subsequent notices to ensure its continued compliance with court
orders that may remain in effect beyond October 4, 2021.
\9\ Id.
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Why was Haiti newly designated for TPS?
DHS and the Department of State (DOS) have reviewed conditions in
Haiti. Based on this review and after consulting with DOS, the
Secretary has determined that an 18-month designation is warranted
because of extraordinary and temporary conditions described below.
Overview
Haiti is grappling with a deteriorating political crisis, violence,
and a staggering increase in human rights abuses.\10\ Within this
context, as noted by the United Nations Children's Fund (UNICEF), Haiti
faces the challenges of ``rising food insecurity and malnutrition, [. .
.] waterborne disease epidemics, and high vulnerability to natural
hazards, all of which have been further exacerbated by the coronavirus
disease 2019 (COVID-19) pandemic.'' \11\
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\10\ See e.g., Charles, Jacqueline, ``Haitian Journalists
Injured as Nation Plunges Deeper into Turmoil Amid Constitutional
Crisis,'' Miami Herald, Feb. 10, 2021, <a href="https://www.miamiherald.com/news/nation-world/world/americas/haiti/article249163765.html">https://www.miamiherald.com/news/nation-world/world/americas/haiti/article249163765.html</a> and ``A
Cycle of Instability': Haiti's Constitutional Crisis,'' CSIS, Feb.
8, 2021, <a href="https://www.csis.org/analysis/cycle-instability-haitis-constitutional-crisis">https://www.csis.org/analysis/cycle-instability-haitis-constitutional-crisis</a>.
\11\ ``Humanitarian Action for Children: Haiti,'' United Nations
Children's Fund (UNICEF), 2021, <a href="https://www.unicef.org/media/87006/file/2021-HAC-Haiti.pdf">https://www.unicef.org/media/87006/file/2021-HAC-Haiti.pdf</a>.
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Context
Haiti is a constitutional republic with a multiparty political
system. The most recent national legislative elections were held in
November 2016. Jovenel Mo[iuml]se was elected as president for a 5-year
term and took office in February 2017. Due to political gridlock and
the failure of parliament to approve an elections law and a national
budget,
[[Page 41865]]
parliamentary elections scheduled for October 2019 did not take place.
In January 2020, parliament lapsed, leaving only 10 senators and no
deputies remaining in office, and on February 7, 2020, President
Mo[iuml]se began to rule by decree, without a legislative body.\12\
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\12\ ``2020 Country Reports on Human Rights Practices: Haiti,''
United States Department of State, March 30, 2021, <a href="https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/haiti/">https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/haiti/</a>.
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In March 2020, President Mo[iuml]se appointed Joseph Jouthe as
prime minister to head a new government. The president subsequently
reappointed or replaced all elected mayors throughout the country when
their terms ended in July 2020. As of November 2020, the president was
the sole nationally elected leader empowered to act, as the 10 senators
remaining in office were unable to conduct legislative activities due
to a lack of quorum.\13\
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\13\ Id.
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President Mo[iuml]se used executive decrees to schedule a vote on a
new constitution June 27, 2021, and then elections for a new president
and legislature on September 19, 2021. However, these moves were met
with criticism from opposition parties who feared that these actions
may allow President Mo[iuml]se's party to retain power
indefinitely.\14\ Further, the international community has expressed
the need to address election-related security, transparency and
logistical issues so voting can take place. For example, on March 24,
2021, the U.N. Security Council underscored the need for Haiti to
address ``essential security, transparency and logistical
considerations and also reiterated the urgent need to hold free, fair,
transparent and credible legislative elections, overdue since October
2019.'' \15\ On May 24, 2021, U.S. Ambassador to the United Nations
Linda Thomas-Greenfield met with President Mo[iuml]se and conveyed deep
concern regarding Haiti's ongoing political impasse, a lack of
accountability for human rights violations, and deteriorating security
conditions. Ambassador Thomas-Greenfield noted that to date,
preparations for the constitutional referendum scheduled for June 27,
2021, had not been sufficiently transparent or inclusive, and
reiterated that Haiti must hold free, fair, and transparent legislative
and presidential elections in 2021.\16\
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\14\ See e.g., Andre Paultre and Sarah Marsh ``The battle for
democracy goes on in Haiti as Mo[iuml]se gains power,'' The
Christian Science Monitor, March 30, 2021, <a href="https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-on-in-Haiti-as-Moise-gains-power">https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-on-in-Haiti-as-Moise-gains-power</a>.
\15\ Security Council Presidential Statement Expresses Deep
Concern over Multiple Crises in Haiti, Stressing Government's
Primary Duty to Tackle Instability, United Nations Security Council
Press Release, March 24, 2021
\16\ ``Readout of a Meeting Between Ambassador Linda Thomas-
Greenfield and Haiti's President Jovenel Mo[iuml]se,'' United States
Mission to the United Nations, May 24, 2021.
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Human Rights Violations and Abuses
President Mo[iuml]se became increasingly authoritarian through
reliance on executive decrees to accomplish his agenda, including the
creation of an intelligence agency accountable only to the
president.\17\ The Human Rights Component of the United Nations
Integrated Office in Haiti and the Office of the High Commissioner for
Human Rights reported a staggering 333% increase in the number of human
rights violations and abuses by law enforcement officials and non-state
actors, respectively, against the rights to life and security of person
in the period between July 2018 and December 2019.\18\ The Miami Herald
has reported ``an atmosphere of heightened tension between the
government and the press,'' citing as an example a February 2021 attack
against journalists who were covering protests.\19\ Also, on February
8, 2021 Mo[iuml]se dismissed three Supreme Court judges who had been
approached by the opposition as possible interim leaders to replace
Mo[iuml]se and head a transitional government.\20\ In response to these
events, the U.S. Embassy in Haiti issued a statement expressing
concerns about ``any actions that risk damaging Haiti's democratic
institutions.'' \21\ On March 24, 2021, the United Nations Security
Council noted ``with concern reported violations and abuses of
international human rights, including some involving the alleged use of
deadly force against protesters and reported arbitrary arrests and
detentions'' and called on the Government to respect the freedoms of
expression and association. It also called on the Inspector General of
the Haitian National Police to conduct a thorough investigation of the
reported incidents.\22\
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\17\ Andre Paultre and Sarah Marsh ``The battle for democracy
goes on in Haiti as Mo[iuml]se gains power,'' The Christian Science
Monitor, March 30, 2021, <a href="https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-on-in-Haiti-as-Moise-gains-power">https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-on-in-Haiti-as-Moise-gains-power</a>.
\18\ Unrest in Haiti: Their Impact on Human Rights and the
State's Obligation to Protect all Citizens, United Nations Office of
the High Commissioner for Human Rights/United National Integrated
Office in Haiti, Jan. 18, 2021, <a href="https://binuh.unmissions.org/en/unrest-haiti-their-impact-human-rights-and-state%E2%80%99s-obligation-protect-all-citizens-0">https://binuh.unmissions.org/en/unrest-haiti-their-impact-human-rights-and-state%E2%80%99s-obligation-protect-all-citizens-0</a>.
\19\ Charles, Jacqueline, ``Haitian Journalists Injured as
Nation Plunges Deeper into Turmoil Amid Constitutional Crisis,''
Miami Herald, Feb. 10, 2021, <a href="https://www.miamiherald.com/news/nation-world/world/americas/haiti/article249163765.html">https://www.miamiherald.com/news/nation-world/world/americas/haiti/article249163765.html</a>.
\20\ Paultre, Andre, ``Haitian Protesters, Police Clash After
President Moves Against Top Judges,'' Reuters, Feb. 10, 2021,
<a href="https://www.reuters.com/article/us-haiti-politics/haitian-protesters-police-clash-after-president-moves-against-top-judges-idUSKBN2AA2X6">https://www.reuters.com/article/us-haiti-politics/haitian-protesters-police-clash-after-president-moves-against-top-judges-idUSKBN2AA2X6</a>.
\21\ U.S. Embassy Statement on February 9, 2021, U.S. Embassy in
Haiti, Feb. 9, 2021, <a href="https://ht.usembassy.gov/u-s-embassy-statement-on-february-9-2021/">https://ht.usembassy.gov/u-s-embassy-statement-on-february-9-2021/</a>.
\22\ Statement by the President of the Security Council, United
Nations Security Council, March 24, 2021.
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Serious Security Concerns
Violent criminal gangs pose a growing challenge to state authority,
including de facto control of territory. From 2019-2021 a new
federation emerged, uniting urban criminal gangs that control entire
neighborhoods in the capital city of Port-au-Prince.\23\ DOS's Overseas
Security Advisory Council (OSAC) reported in 2020 that gang activity
was also on the rise outside of Port-au-Prince, and noting that the
last weeks in November 2020 were particularly dangerous, with 14
kidnappings reported at that time.\24\ In January 2021, a leading
Haitian human rights organization, the Center for the Analysis and
Research of Human Rights (CARDH), stated in its 2020 annual report that
over a third of Haiti's voters now live in areas controlled by criminal
gangs.\25\ In January of 2021 the U.S. Agency for International
Development (USAID) said, ``Security conditions have deteriorated in
Port-au-Prince since late November [2020] due to an increase in
kidnappings and political protests.'' \26\
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\23\ See e.g., ``4 Police Die in Raid on Haiti Gang
Stronghold'', Voice of America, March 13, 2021 (``Criminal networks
exercise total control over several poor, densely populated
neighborhoods of the capital, creating no-go zones where they hold
kidnap victims.'')
\24\ Haiti 2020 Crime and Safety Report, Overseas Security
Advisory Council (OSAC), U.S. Department of State, Apr. 29, 2020,
and December 17, 2020, <a href="https://www.osac.gov/Content/Report/09752c66-7cac-47f7-a92e-188fe7af0f75">https://www.osac.gov/Content/Report/09752c66-7cac-47f7-a92e-188fe7af0f75</a>.
\25\ See <a href="https://cardh.org/archives/1519">https://cardh.org/archives/1519</a>.
\26\ Haiti--Complex Emergency Fact Sheet #1, Fiscal Year 2021,
U.S. Agency for International Development (USAID), Jan. 19, 2021,
<a href="https://reliefweb.int/report/haiti/haiti-complex-emergency-fact-sheet-1-fiscal-year-fy-2021">https://reliefweb.int/report/haiti/haiti-complex-emergency-fact-sheet-1-fiscal-year-fy-2021</a>.
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In March 2021, the UN Security Council expressed its deep concern
regarding the protracted political, constitutional, humanitarian, and
security crises in Haiti.\27\
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\27\ Statement by the President of the Security Council on
Haiti, March 24, 2021.
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On April 21, 2021, DOS issued a Level 4 Travel Advisory for Haiti,
advising travelers not to visit Haiti because of kidnapping, crime, and
civil
[[Page 41866]]
unrest.\28\ Media outlets characterized Haiti as suffering from
``escalating violence,'' including kidnappings and homicides,\29\ and a
``public security free fall.'' \30\ In early April 2021, Agence France-
Presse reported that ``Kidnappings for ransom have surged in recent
months in Port-au-Prince and other provinces, reflecting the growing
influence of armed gangs.'' \31\ The Miami Herald reported that
``Reports of kidnappings in Haiti continue to make headlines on a near
daily basis, drawing alarm from international allies and humanitarian
groups,'' \32\ while the Associated Press noted that kidnapping ``has
become so common that radio stations often broadcast pleas for help.''
\33\ On April 11, 2021, 10 individuals were kidnapped in the town of
Croix-des-Bouquets--including seven members of the Catholic clergy.\34\
In response, the Archdiocese of Port-au-Prince issued a statement
warning that the country ``is facing a `descent into hell''' and
criticizing the Haitian government for its inaction.\35\ In mid-April
2021, rising levels of violence led schools, businesses, and banks
across Haiti to close in protest.\36\
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\28\ Haiti Travel Advisory, U.S. Department of State, Apr. 21,
2021, <a href="https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/haiti-travel-advisory.html">https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/haiti-travel-advisory.html</a>.
\29\ Sanon, Evens, and Coto, D[aacute]nica, ``Surge in violence
rattles Haiti as poverty, fear deepens,'' The Associated Press, Apr.
16, 2021, <a href="https://apnews.com/article/port-au-prince-kidnapping-violence-poverty-haiti-06ba2725c9639a532a69ac3c6645d916">https://apnews.com/article/port-au-prince-kidnapping-violence-poverty-haiti-06ba2725c9639a532a69ac3c6645d916</a>.
\30\ Tim Padgett, ``Haitian Prime Minister Resigns As Economic
And Public Security Collapse Deepens,'' Miami NPR affiliate WLRN,
April 14, 2021, <a href="https://www.wlrn.org/news/2021-04-14/haitian-prime-minister-resigns-as-economic-and-public-security-collapse-deepens">https://www.wlrn.org/news/2021-04-14/haitian-prime-minister-resigns-as-economic-and-public-security-collapse-deepens</a>.
\31\ ``Catholic church says Haiti faces `descent into hell'
after clergy kidnappings,'' Agence France-Presse, Apr. 12, 2021,
<a href="https://www.theguardian.com/world/2021/apr/12/catholic-clergy-abucted-ransom-haiti-france">https://www.theguardian.com/world/2021/apr/12/catholic-clergy-abucted-ransom-haiti-france</a>.
\32\ Charles, Jacqueline, ``Haiti orphanage attacked by armed
bandits, children sexually assaulted,'' manager says, Miami Herald,
Apr. 13, 2021, <a href="https://www.miamiherald.com/news/nation-world/world/americas/haiti/article250622224.html">https://www.miamiherald.com/news/nation-world/world/americas/haiti/article250622224.html</a>.
\33\ Sanon, Evens, and Coto, D[aacute]nica, ``Surge in violence
rattles Haiti as poverty, fear deepens,'' The Associated Press, Apr.
16, 2021, <a href="https://apnews.com/article/port-au-prince-kidnapping-violence-poverty-haiti-06ba2725c9639a532a69ac3c6645d916">https://apnews.com/article/port-au-prince-kidnapping-violence-poverty-haiti-06ba2725c9639a532a69ac3c6645d916</a>.
\34\ Sanon, Evens, ``Catholic officials halt activity in Haiti
for 9 kidnapped,'' The Associated Press, Apr. 21, 2021, <a href="https://apnews.com/article/latin-america-haiti-kidnapping-port-au-prince-europe-9cd7e6f7077009e30830f277ece721db">https://apnews.com/article/latin-america-haiti-kidnapping-port-au-prince-europe-9cd7e6f7077009e30830f277ece721db</a>.
\35\ ``Catholic church says Haiti faces `descent into hell'
after clergy kidnappings,'' Agence France-Presse, Apr. 12, 2021.
<a href="https://www.theguardian.com/world/2021/apr/12/catholic-clergy-abucted-ransom-haiti-france">https://www.theguardian.com/world/2021/apr/12/catholic-clergy-abucted-ransom-haiti-france</a>.
\36\ Sanon, Evens, and Coto, D[aacute]nica, ``Surge in violence
rattles Haiti as poverty, fear deepens,'' The Associated Press, Apr.
16, 2021, <a href="https://apnews.com/article/port-au-prince-kidnapping-violence-poverty-haiti-06ba2725c9639a532a69ac3c6645d916">https://apnews.com/article/port-au-prince-kidnapping-violence-poverty-haiti-06ba2725c9639a532a69ac3c6645d916</a>.
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In an April 2021 report by Harvard Law School's International Human
Rights Clinic and a consortium of Haitian civil society organizations,
the authors describe complicity of state officials and police in gang
attacks that left hundreds of people dead. \37\ The report's authors
asserted that the government has helped to unleash criminal violence on
poor neighborhoods, including by providing gangs with money, weapons,
police uniforms, and government vehicles and that such support has
encouraged the gangs to grow to the point where they can no longer be
reined in, allowing criminality to explode. According to the report,
the United Nations warned that a lack of accountability contributed to
an increase in gang attacks throughout 2020, including attacks on
Cit[eacute] Soleil, where police resources were reportedly used on
multiple occasions.
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\37\ Harvard Law School International Human Rights Clinic and
Observatoire Ha[iuml]tien des crimes contre l'humanit[eacute],
Killing With Impunity, State-Sanctioned Massacres in Haiti, <a href="http://hrp.law.harvard.edu/wp-content/uploads/2021/04/Killing_With_Impunity-1.pdf">http://hrp.law.harvard.edu/wp-content/uploads/2021/04/Killing_With_Impunity-1.pdf</a>, April 2021.
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In early April 2021, the Miami Herald reported on increasing
violence on public transportation in Haiti, noting, ``Already driven to
despair in Haiti by brutal poverty and a paralyzing political crisis,
bus drivers and commuters are now having to grapple with surging
violence on the country's public transportation. Robberies and
kidnappings have become a daily reality as buses get intercepted by
armed gangs controlling access to large swaths of the country.'' \38\
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\38\ Charles, Jacqueline, ``When we aren't killed, they kidnap
us.' Riding a bus in Haiti now a dangerous quest,'' Miami Herald,
Apr. 8, 2021, <a href="https://www.miamiherald.com/news/nation-world/world/americas/haiti/article248908489.html">https://www.miamiherald.com/news/nation-world/world/americas/haiti/article248908489.html</a>.
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On June 10, 2021, the United Nations Office for the Coordination of
Humanitarian Affairs (OCHA) reported an upsurge in deadly clashes
between gangs in Port-au-Prince displaced more than 5,000 people since
the beginning of June.\39\ According to OCHA, the displacement brings
the overall number to some 10,000 residents who have been displaced in
the past 12 months due to similar incidents.\40\ Starting June 24,
2021, multiple news organizations reported one of Haiti's most powerful
gang leaders warned that he was launching a ``revolution'' against the
country's business and political elites, signaling a likely further
escalation of violence in Haiti.\41\ On July 7, 2021 a group of
assailants attacked President M[ouml]ise's residence and killed him. No
one has claimed responsibility for the assassination.
---------------------------------------------------------------------------
\39\ Daily Noon Briefing Highlights, United Nations Office for
the Coordination of Humanitarian Affairs, 10 June 2021, <a href="https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti">https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti</a>.
\40\ Id.
\41\ See e.g., ``Haiti Gang Leader Launches 'Revolution' as
Violence Escalates'', U.S. News and World Report, June 24, 2021,
<a href="https://www.usnews.com/news/world/articles/2021-06-24/haiti-gang-leader-launches-revolution-as-violence-escalates">https://www.usnews.com/news/world/articles/2021-06-24/haiti-gang-leader-launches-revolution-as-violence-escalates</a>, and ``Haiti gang
leader threatens `revolution''', The New York Carib News, June 26,
2021, <a href="https://www.nycaribnews.com/articles/haiti-gang-leader-threatens-revolution/">https://www.nycaribnews.com/articles/haiti-gang-leader-threatens-revolution/</a>.
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Economic Situation
According to the World Bank, Haiti's economic and social
development continue to be hindered by political instability,
governance issues, and fragility. With a Gross Domestic Product (GDP)
per capita of US$1,149.50 and a Human Development Index ranking of 170
out of 189 countries in 2020, Haiti remains the poorest country in the
Latin America and Caribbean region and among the poorest countries in
the world.\42\ The World Bank further reports that even before the
COVID-19 pandemic, the economy was contracting and facing significant
fiscal imbalances. Following a contraction of 1.7% percent in 2019 in
the context of the political turmoil and social discontent, GDP
contracted by an estimated 3.8% in 2020, as the COVID-19 pandemic
exacerbated the already weak economy and political instability.\43\ It
further reports that past marginal gains in poverty reduction have been
undone by these recent shocks, with current estimates pointing to a
poverty rate of nearly 60% in 2020 compared to the last official
national estimate of 58.5% in 2012. About two thirds of the poor live
in rural areas. The welfare gap between urban and rural areas is
largely due to adverse conditions for agricultural production.\44\ The
Congressional Research Service (CRS) reported in March 2020 that
``Public frustration with economic woes has contributed greatly to
ongoing demonstrations, some of which have become violent.'' \45\
Protests have been spurred in part by the elimination of fuel subsidies
in 2018 and subsequent increases in fuel prices.\46\ In late 2019,
protests in response to rising fuel costs precipitated
[[Page 41867]]
a halt in nearly all economic activity for a period of about eight
weeks.
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\42\ ``The World Bank in Haiti'', World Bank, April 26, 2021.
\43\ Id.
\44\ Id.
\45\ Taft-Morales, Maureen, ``Haiti's Political and Economic
Conditions,'' Congressional Research Service (CRS), p.5, Mar. 5,
2020, <a href="https://fas.org/sgp/crs/row/R45034.pdf">https://fas.org/sgp/crs/row/R45034.pdf</a>.
\46\ ``World Report 2021--Haiti,'' Human Rights Watch, Jan. 13,
2021, <a href="https://www.hrw.org/world-report/2021/country-chapters/haiti">https://www.hrw.org/world-report/2021/country-chapters/haiti</a>.
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The United Nations Integrated Office in Haiti reports that, as a
result of multiple crises including political instability and COVID-19,
Haiti's economy contracted by 1.2% in 2019. Factories are operating at
reduced capacity, unemployment is rising, the Haitian gourde continues
to lose value against the United States dollar, inflation consistently
exceeds 20%.\47\
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\47\ ``United Nations Integrated Office in Haiti: Report of the
Secretary-General,'' United Nations Security Council, pg 9, Feb. 11,
2021, <a href="https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s2021133">https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s2021133</a>.
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On June 8, OCHA reported that the unprecedented level of violence
and subsequent displacements as a result of gang violence is creating a
host of secondary issues, such as the disruption of community-level
social functioning, family separation, increased financial burdens on
host families, forced school closures, loss of livelihoods and a
general fear among the affected populations.\48\
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\48\ ``HAITI: Displacement in Port-au-Prince Situation Report
No. 1'', OCHA, June 1-8, 2021.
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Healthcare Situation
USAID reported in January 2020 that insufficient funding, a weak
health service delivery system, a lack of qualified health
professionals, and the lingering impact of the 2010 earthquake and
Hurricane Matthew in 2016 pose key challenges to the delivery of
healthcare services to Haiti's population.\49\ In March 2020, the
independent humanitarian analysis organization ACAPS reported on a
severe lack of healthcare services and infrastructure across the
country, noting that only 31% of Haitians have access to healthcare
services.\50\ Several vector-borne diseases are prevalent in Haiti,
including malaria, chikungunya, dengue, and Zika.\51\ Diphtheria is
endemic, and cases have increased in recent years.\52\ Treatment of
these types of diseases is hampered by a lack of healthcare
infrastructure and medication, and a low vaccination rate.\53\ The
current epidemiological situation of cholera in Haiti has improved
overall, but the medical community appears divided on cholera's current
prevalence in Haiti.\54\ Special Representative of the Secretary
General La Lime said the COVID-19 pandemic is stretching the country's
fragile health system: In a country of more than 11 million
inhabitants, La Lime explained that Haiti only has the capacity to
treat a few hundred patients at a time, due to suboptimal coordination
within the state apparatus, inadequate funding of the national response
plan, and staunch opposition by local communities to the opening of
these centers, a manifestation of the lingering climate of denial,
stigma and discrimination.\55\
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\49\ ``Haiti Health Fact Sheet,'' U.S. Agency for International
Development (USAID), Jan. 2020, <a href="https://www.usaid.gov/sites/default/files/documents/1862/USAID_Haiti_Health_Fact_Sheet_-_January_2020.pdf">https://www.usaid.gov/sites/default/files/documents/1862/USAID_Haiti_Health_Fact_Sheet_-_January_2020.pdf</a>.
\50\ ``Briefing Note: Haiti,'' ACAPS, p.4, Mar. 23, 2020,
<a href="https://www.acaps.org/sites/acaps/files/products/files/20200323_acaps_briefing_note_complex_crisis_in_haiti.pdf">https://www.acaps.org/sites/acaps/files/products/files/20200323_acaps_briefing_note_complex_crisis_in_haiti.pdf</a>.
\51\ Brown, Clive M.; Ejike-King, Lacreisha; Gracia, J. Nadine;
and Sampson, Dana M.; Chapter 10: Haiti, Yellow Book, Centers for
Disease Control and Prevention, last reviewed Jun. 24, 2019,
accessed Feb. 12, 2021, <a href="https://wwwnc.cdc.gov/travel/yellowbook/2020/popular-itineraries/haiti">https://wwwnc.cdc.gov/travel/yellowbook/2020/popular-itineraries/haiti</a>.
\52\ Brown, Clive M.; Ejike-King, Lacreisha; Gracia, J. Nadine;
and Sampson, Dana M.; Chapter 10: Haiti, Yellow Book, Centers for
Disease Control and Prevention, last reviewed Jun. 24, 2019,
accessed Feb. 12, 2021, <a href="https://wwwnc.cdc.gov/travel/yellowbook/2020/popular-itineraries/haiti">https://wwwnc.cdc.gov/travel/yellowbook/2020/popular-itineraries/haiti</a>.
\53\ ``Briefing Note: Haiti,'' ACAPS, p.4, Mar. 23, 2020,
<a href="https://www.acaps.org/sites/acaps/files/products/files/20200323_acaps_briefing_note_complex_crisis_in_haiti.pdf">https://www.acaps.org/sites/acaps/files/products/files/20200323_acaps_briefing_note_complex_crisis_in_haiti.pdf</a>.
\54\ See e.g., Henrys, Jean et all, ``Cholera in Haiti,'' The
Lancet, Dec. 2020, <a href="https://www.thelancet.com/journals/langlo/article/PIIS2214-109X">https://www.thelancet.com/journals/langlo/article/PIIS2214-109X</a>(20)30450-2/fulltext?rss=yes.
\55\ ``Haiti's Stability in Peril without Strong Response to
COVID-19, Legal Expert Tells Security Council,'' June 19, 2020,
<a href="https://www.un.org/press/en/2020/sc14218.doc.htm">https://www.un.org/press/en/2020/sc14218.doc.htm</a>.
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COVID-19's Exacerbation of Food Insecurity and Lack of Access to Basic
Services
High rates of poverty and natural disasters, including earthquakes
and hurricanes, have contributed to elevated levels of food insecurity
in Haiti.\56\ According to the World Food Programme (WFP), Haiti has
one of the highest levels of food insecurity in the world.\57\ More
than half of the population is chronically food insecure.\58\ According
to UNICEF, 4.1 million Haitians (nearly 40 per cent of the Haitian
population) are estimated to be food insecure, and the estimated number
of children suffering from acute malnutrition has risen to 167,000 as
of May 2020.\59\
---------------------------------------------------------------------------
\56\ ``Country Brief--Haiti,'' World Food Programme (WFP), p. 1,
Oct. 2020, <a href="https://reliefweb.int/report/haiti/wfp-haiti-country-brief-october-2020">https://reliefweb.int/report/haiti/wfp-haiti-country-brief-october-2020</a>.
\57\ ``Haiti,'' World Food Programme (WFP), accessed Feb. 5,
2021, <a href="https://www.wfp.org/countries/haiti">https://www.wfp.org/countries/haiti</a>.
\58\ ``Country Brief--Haiti,'' World Food Programme (WFP), p. 1,
Oct. 2020, <a href="https://reliefweb.int/report/haiti/wfp-haiti-country-brief-october-2020">https://reliefweb.int/report/haiti/wfp-haiti-country-brief-october-2020</a>.
\59\ ``Haiti Humanitarian Situation Report'', UNICEF, January-
December 2020, <a href="https://www.unicef.org/media/94046/file/Haiti-SitRep-December-2020.pdf">https://www.unicef.org/media/94046/file/Haiti-SitRep-December-2020.pdf</a>.
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In an October 2020 report, the Food and Agriculture Organization of
the United Nations (FAO) and the WFP identified Haiti as one of 20
``acute food insecurity hotspots'' \60\ in the world.\61\ The report
also noted that ``COVID-19-related restrictions have exacerbated an
already high acute food insecurity situation, reducing availability of
and access to food.'' \62\
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\60\ ``FAO-WFP Early Warning Analysis of Acute Food Insecurity
Hotspots: October 2020,'' Food and Agriculture Organization of the
United Nations (FAO) and the World Food Programme (WFP), p.6, Nov.
2020, <a href="http://www.fao.org/3/cb1907en/CB1907EN.pdf">http://www.fao.org/3/cb1907en/CB1907EN.pdf</a>.
\61\ Id. at p.5-6,12.
\62\ Id. at p.12.
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In mid-March 2021, FAO stated that the effects of the COVID-19
pandemic--combined with economic instability, civil unrest, and
recurring shocks linked to natural disasters including droughts,
earthquakes, floods and hurricanes, have led to increased food
insecurity and other humanitarian needs throughout the country.\63\
---------------------------------------------------------------------------
\63\ ``Haiti [verbar] Humanitarian Response Plan 2021,'' Food
and Agriculture Organization of the United Nations (FAO), p.1, Mar.
11, 2021, <a href="https://reliefweb.int/report/haiti/haiti-humanitarian-response-plan-2021">https://reliefweb.int/report/haiti/haiti-humanitarian-response-plan-2021</a>.
---------------------------------------------------------------------------
In early May 2021, USAID reported that the socioeconomic impacts of
coronavirus disease (COVID-19) mitigation measures--along with ongoing
violence and instability and persistent economic challenges--continue
to affect access to services for vulnerable people in Haiti, where
approximately 4.4 million people are in need of humanitarian
assistance, according to the UN.\64\
---------------------------------------------------------------------------
\64\ ``Haiti--Complex Emergency Fact Sheet #2, Fiscal Year (FY)
2021,'' U.S. Agency for International Development (USAID), p.2, May
4, 2021, <a href="https://reliefweb.int/report/haiti/haiti-complex-emergency-fact-sheet-2-fiscal-year-fy-2021">https://reliefweb.int/report/haiti/haiti-complex-emergency-fact-sheet-2-fiscal-year-fy-2021</a>.
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On June 10, 2021, OCHA reported that as a result of deadly gang
clashes, the displaced are in need of urgent humanitarian assistance
and protection. Priority needs include sanitation, shelter, access to
clean water and food.\65\
---------------------------------------------------------------------------
\65\ Daily Noon Briefing Highlights, United Nations Office for
the Coordination of Humanitarian Affairs, 10 June 2021, <a href="https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti">https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti</a>
---------------------------------------------------------------------------
What authority does the Secretary have to designate Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary,\66\ after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist. The
[[Page 41868]]
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, or termination of or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).\67\ The Secretary, in his or her discretion, may then
grant TPS to eligible nationals of that foreign state (or individuals
having no nationality who last habitually resided in the designated
foreign state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\66\ INA Sec. 244(b)(1) prescribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Pub. L. 107-296, 116 Stat. 2135.
\67\ This availability of judicial review is under consideration
by the courts in the TPS litigation referenced supra.
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state meets the conditions for TPS designation, the
designation will be extended for an additional period of 6 months or,
in the Secretary's discretion, 12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Notice of the Designation of Haiti for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Haiti's designation for TPS on the basis of extraordinary
and temporary conditions are met. See INA section 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C). I estimate approximately 155,000 individuals are
eligible to apply for TPS under the designation of Haiti. On the basis
of this determination, I am designating Haiti for TPS for 18 months,
from August 3, 2021 through February 3, 2023. See INA section
244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
ALL APPLICANTS, including individuals whose TPS under the previous
designation of Haiti has been continued under preliminary injunctions
issued by certain courts and 85 FR 79208 (Dec. 9, 2020), should follow
these instructions: You must submit an Application for Temporary
Protected Status (Form I-821) as a new applicant by selecting ``1.a
This is my initial (first time) application for Temporary Protected
Status (TPS). I do not currently have TPS,'' along with the required
$50 fee for Form I-821 or request for fee waiver. If your TPS is
currently continuing under the court orders in Ramos and Saget,
checking this 1.a. box as an initial applicant under this new
designation of Haiti does not affect the continuation of your TPS while
those orders remain. However, if those orders are no longer in effect
applying for TPS under this Federal Register Notice will help ensure
that you have TPS until the end of the designation as long as you
remain eligible. USCIS understands that you do currently have TPS if
you are covered by the court orders, and checking Box 1.a. will not be
deemed a misrepresentation on your part.
You may request a fee waiver by submitting a Request for a Fee
Waiver (Form I-912). You must also pay the biometrics services fee if
you are age 14 or older, unless USCIS grants a fee waiver. Please see
additional information under the ``Biometric Services Fee'' section of
this Notice. You are not required to submit an I-765 or have an EAD,
but see below for more information if you want to work in the United
States.
How TPS Beneficiaries Can Obtain an Employment Authorization Document
(EAD)
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. TPS
beneficiaries are eligible to apply for and obtain an EAD, which proves
their legal right to work. TPS applicants who want to obtain an EAD
valid through February 3, 2023 must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee
waiver by submitting a Request for a Fee Waiver (Form I-912)). TPS
applicants may file this form along with their TPS application, or at a
later date, provided their TPS application is still pending or has been
approved.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. Fees for the Form
I-821, the Form I-765, and biometric services are also described in 8
CFR 103.7(b)(1)(i).
Refiling a TPS Registration Application After Receiving a Denial of a
Fee Waiver Request
If you receive a denial of a fee waiver request, you must refile
your Form I-821 for TPS along with the required fees during the
registration period, which extends until February 3, 2023, in order to
continue seeking initial TPS or to newly register to avoid losing
protection in the event that the court injunctions are lifted. You may
also file for your Employment Authorization Document on Form I-765 with
payment of the fee along with your TPS application or at any later date
you decide you want to request an EAD during the registration period.
Filing Information
USCIS offers the option to applicants for TPS under Haiti's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing an initial TPS application, applicants can also
request an EAD by submitting a completed Form I-765, Request for
Employment Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\68\ To file these forms online, you must first create a
USCIS online account.\69\
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\68\ Find information about online filing at Forms Available to
File Online, <a href="https://www.uscis.gov/file-online/forms-available-to-file-online">https://www.uscis.gov/file-online/forms-available-to-file-online</a>.
\69\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Application for Temporary Protected Status
(Form I-821) and Application for Employment Authorization (Form I-765),
Form I-912 for a fee waiver (if applicable) and supporting
documentation to the proper address in Table 1.
[[Page 41869]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you . . . Mail to . . .
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Are a beneficiary under the TPS U.S. Postal Service (USPS),
designation for Haiti and you live in U.S. Citizenship and
the following states: Florida, New Immigration Services, Attn:
York. TPS Haiti, P.O. Box 660167,
Dallas, TX 75266-0167.
FedEx, UPS, or DHL: U.S.
Citizenship and Immigration
Services, Attn: TPS Haiti (Box
660167), 2501 S. State
Highway, 121 Business Suite
400, Lewisville, TX 75067-
8003.
Are a beneficiary under the TPS U.S. Postal Service (USPS),
designation for Haiti and you live in U.S. Citizenship and
any other state. Immigration Services, Attn:
TPS Haiti, P.O. Box 24047,
Phoenix, AZ 85074-4047.
FedEx, UPS, or DHL: U.S.
Citizenship and Immigration
Services, Attn: TPS Haiti (Box
24047), 1820 E. Skyharbor
Circle S, Suite 100, Phoenix,
AZ 85034.
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If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at <a href="http://uscis.gov/tps">uscis.gov/tps</a> under
``Haiti.''
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must generally submit a
biometric services fee. As previously stated, if you demonstrate an
inability to pay the biometric services fee you may be able to have the
fee waived. A fee waiver may be requested by submitting a Request for
Fee Waiver (Form I-912). For more information on the application forms
and fees for TPS, please visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>.
If necessary, you may be required to visit an Application Support
Center to have your biometrics captured. For additional information on
the USCIS biometric screening process, please see the USCIS Customer
Profile Management Service Privacy Impact Assessment, available at
<a href="http://dhs.gov/privacy">dhs.gov/privacy</a>.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at <a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="http://uscis.gov/contactcenter">uscis.gov/contactcenter</a>. If your Form I-765 has been pending for more than 90
days, and you still need assistance, you may ask a question about your
case online at <a href="http://egov.uscis.gov/e-request/Intro.do">egov.uscis.gov/e-request/Intro.do</a> or call the USCIS
Contact Center at 800-375-5283 (TTY 800-767-1833).
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at <a href="http://uscis.gov/i-9-central/acceptable-documents">uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. The TPS EADs that DHS automatically
extended in the December 9, 2020 compliance notice will remain valid
until at least October 4, 2021.\70\ Employers may not reject a document
based on the fact that it has been automatically extended, or due to a
future expiration date. An EAD is an acceptable document under List A.
Individuals whose existing TPS-related documentation continues through
October 4, 2021, in accordance with the court orders in Ramos and Saget
and the DHS Federal Register notice at 85 FR 79208 (Dec. 9, 2020), may
present documentation as described in that notice to their employers
for purposes of demonstrating employment eligibility through October 4,
2021. Additional information about Form I-9 is available on the I-9
Central web page at <a href="http://uscis.gov/I-9Central">uscis.gov/I-9Central</a>.
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\70\ See Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 85 FR 79208, (Dec. 9, 2020).
---------------------------------------------------------------------------
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new EAD,
regardless of whether you have an EAD or work authorization based on
another immigration status. If you want to obtain a new TPS-based EAD
valid through February 3, 2023, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Haitian citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C
[[Page 41870]]
receipt. Employers need not reverify List B identity documents.
Employers may not request proof of Haitian citizenship or proof of
registration for TPS when completing Form I-9 for new hires or
reverifying the employment authorization of current employees. Refer to
the ``Note to Employees'' section of this Federal Register notice for
important information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin. Employers can refer to the compliance
notice that DHS published on December 9, 2020 for information on how to
complete the Form I-9 with TPS EADs that DHS extended through October
4, 2021.\71\
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\71\ See Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 85 FR 79208, (Dec. 9, 2020).
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Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#490064700a2c273d3b2825093c3a2a203a672d213a672e263f"><span class="__cf_email__" data-cfemail="a9e08490eaccc7dddbc8c5e9dcdacac0da87cdc1da87cec6df">[email protected]</span></a>. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
<a href="/cdn-cgi/l/email-protection#135a5641536660777c793d747c65"><span class="__cf_email__" data-cfemail="aee7ebfceedbddcac1c480c9c1d8">[email protected]</span></a>.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at <a href="/cdn-cgi/l/email-protection#eaa3c7d3a98f849e988b86aa9f99898399c48e8299c48d859c"><span class="__cf_email__" data-cfemail="5b127662183e352f293a371b2e28383228753f3328753c342d">[email protected]</span></a>. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="http://justice.gov/ier">justice.gov/ier</a> and the
USCIS and E-Verify websites at <a href="http://uscis.gov/i-9-central">uscis.gov/i-9-central</a> and <a href="http://e-verify.gov">e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
This Federal Register Notice does not invalidate the compliance
notice DHS issued on December 9, 2020, which extended the validity of
certain TPS documentation through October 4, 2021, and does not require
individuals to present an I-797, Notice of Action. For Federal
purposes, individuals approved for TPS may show their Form I-797,
Notice of Action, indicating approval of their Form I-821 application,
or their A12 EAD (including those that have been extended) to prove
that they have TPS. USCIS can also confirm whether an individual has
TPS if they show a C19 EAD, which indicates prima facie eligibility for
TPS. While Federal Government agencies must follow the guidelines laid
out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents they require you to provide to
prove eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are covered under
TPS or show you are authorized to work based on TPS. Examples of such
documents are:
<bullet> Your new EAD with a category code of A12 or C19 for TPS;
<bullet> Your Form I-94, Arrival/Departure Record; or
<bullet> Your Form I-797, the notice of approval, for a current
Form I-821, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. SAVE can verify
when an individual has TPS based on the documents above. In most cases,
SAVE provides an automated electronic response to benefit-granting
agencies within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using CaseCheck
at <a href="http://uscis.gov/save/save-casecheck">uscis.gov/save/save-casecheck</a>, then by clicking the ``Check Your
Case'' button. CaseCheck is a free service that lets you follow the
progress of your SAVE verification using your date of birth and SAVE
verification case number or an immigration identifier number that you
provided to the benefit-granting agency. If an agency has denied your
application based solely or in part on a SAVE response, the agency must
offer you the opportunity to appeal the decision in accordance with the
agency's procedures. If the agency has received and acted on or will
act on a SAVE verification and you do not believe the response is
correct, find detailed information on how to make corrections or update
your immigration record, make an appointment, or submit a written
request for information about
[[Page 41871]]
correcting records on the SAVE website at <a href="http://www.uscis.gov/save">www.uscis.gov/save</a>.
[FR Doc. 2021-16481 Filed 7-30-21; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on August 3, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.