Biden expands immigration protections for 300,000 Haitians

The Biden administration is expanding a humanitarian program to allow an estimated 309,000 Haitians in the United States to stay and legally work.

Homeland Security Secretary Alejandro Mayorkas on Friday announced he is renewing and redesignating Haiti for Temporary Protected Status (TPS).

Under TPS, foreign nationals from a designated country are protected from deportation and allowed to work in the U.S. while the designation remains in place.

The Department of Homeland Security (DHS) said in a statement that Mayorkas designated Haiti on June 3, extending the nation's TPS for the maximum 18-month period.

The TPS renewal means the nearly-165,000 Haitians covered by the previous renewal and redesignation in December of 2022, plus an estimated 309,000 Haitians who had set up residence in the U.S. by June 3 of this year.

“We are providing this humanitarian relief to Haitians already present in the United States given the conditions that existed in their home country as of June 3, 2024,” said Mayorkas in a statement.

"In doing so, we are realizing the core objective of the TPS law and our obligation to fulfill it.”

Immigration advocates have been sharply critical of the Biden administration for repatriation flights to Haiti, a country that’s been spiraling since the assassination of former President Jovenel Moïse in 2021.

In May, nine Democratic lawmakers led by Sen. Edward Markey (Mass.) and Reps. Ayanna Pressley (Mass.), Yvette Clarke (N.Y.) and Sheila Cherfilus-McCormick (Fla.) called on Mayorkas to stop repatriation flights to Haiti.

But Friday’s announcement, like the 2022 one, yielded praise from advocates.

“President Biden’s redesignation of TPS for Haiti is very welcome news for so many families unable to return to their home country as a result of violence and instability. As thousands of Haitians are displaced and half of them children, we thank the Biden-Harris administration for their commitment to keeping families together,” said Immigration Hub Executive Director Kerri Talbot.

“Following the recent executive action providing similar relief to Dreamers and undocumented spouses of U.S. citizens, it is clear that this administration is committed to building a safer and more humane system for all of us.”

But some advocates said it took substantial effort to get the Biden administration to come around on expanding TPS for Haiti.

“It is very unfortunate — although we welcome the announcement — but the fact that we have to continue to prove the humanity and that the people deserve protection — we do hope that that this changes in the future and that it doesn't have to be a battle to make this happen,” said Guerline Jozef, executive director of Haitian Bridge Alliance.

Friday’s announcement will cover Haitians who arrived in the country after Nov. 6, 2022 and up to the new June 3 cutoff date. Those estimated 309,000 people will be eligible to apply for work permits, potentially easing economic strain on them and their communities.

"Extending and redesignating TPS is the right course of action considering that TPS-eligible individuals contribute nearly $31 billion annually to the U.S. economy. Haitian TPS recipients contribute $4.4 billion to the American economy in 2022,” Jozef said in a statement.

Haitian communities in the United States celebrated the move, which came days after a Kenyan police force deployed to Haiti as part of an international plan to restabilize it.

Shortly after the resignation of former acting President and Prime Minister Ariel Henry, Haiti has been ruled by a Transitional Presidential Council that includes members of different political groups, including the January 30 group, which includes the PHTK party.

Haiti’s current political situation began under PHTK leadership — Moïse was a member — and many other groups blame the party for the state of the country.

"This action on TPS is an important step in responding to the horrific conditions in Haiti in a humane and legal manner,” said Brian Concannon, executive director of the Institute for Justice & Democracy in Haiti.

“But long-term management of immigration pressures from Haiti requires the United States to cease supporting the repressive and corrupt Haitian leaders — especially those connected to the PHTK party — who generated the brutality and desperation that Haitians are fleeing. "