Institute for Justice and Democracy in Haiti

DHS Distorts Law and Precedent to Ignore Glaring Facts on Haiti

DSC_1582DHS on November 20 terminated Haiti TPS effective July 22, 2019, erroneously saying that Haiti had recovered from the January 2010 earthquake.  In so doing it contradicted its own May 24 Federal Register rationale, in which it cited the cholera epidemic and Hurricane Matthew as justifications for extending TPS for six months, by erroneously stating it could not consider those two massive catastrophes in making its decision.  This inconsistency betrayed the White House’s anti-immigrant ideological agenda since any honest assessment of conditions would have mandated an 18-month extension.  (No one should be fooled by the 18-month grace period, an attempt to sugar coat an unlawful result.)

DHS’s decision ignored extensive recent editorial and bipartisan political support for an 18-month extension — editorial boards urged extension 20 times since the Spring, for example — and has been roundly condemned.

Four bills are pending in Congress which would enable Haitians with TPS to become permanent residents, although prospects are slim under the current Congress; litigation is also contemplated.

DHS on January 18 published a Federal Register notice automatically extending recipients’ work permits to July 21 and giving to March 19 to re-register. The notice’s unconscionable lateness, just four days before the expiration of documents, led to uncertainty, expired drivers’ licenses, and scams; it coincided with Haiti’s removal from the list of countries whose nationals may receive low-skilled workers visas. IJDH’s work remains.

See also ReliefWeb; UN Office for the Coordination of Humanitarian Affairs (UN OCHA); Famine Early Warning Systems Network (FEWS NET) Haiti page; Food Insecurity after Hurricane Matthew, and Cholera Accountability


Trump Administration Sought Negative Information on Haitians,” WNYC News, May 16, 2018

FOIA Documents Reveals Trump’s Search For Pretext Against Haitians The decision to deny TPS status to Haitians was marred by Trumpian bigotry,” by Elie Mystal, Above the Law, May 18, 2018

Trump admin documents reveal officials knew conditions in Haiti remained dire, but ended TPS anyway,” by Gabe Ortiz, Daily Kos, April 18, 2018

Haitians with TPS help fuel Haiti’s economy, one wire transfer at a time,” by Renata Sago, Marketplace, April 17, 2018

Secret Document Shows Trump Administration Lied to Deport Haitian TPS Holders,” by Frank Sharry, Black Star News, April 17, 2018

DHS decision to end Haitian immigrant protections questioned,” by Tal Kopan, CNN, April 17, 2018

Internal Trump administration documents appear to contradict decision to end humanitarian program for Haiti,” by Geneva Sands, ABC, April 17, 2018

DHS says post-quake Haiti has made ‘significant progress.’ But TPS report says otherwise,” by Jacqueline Charles, Miami Herald, April 17, 2018

Haitian TPS Recipients Remain In Limbo,” by Coralie St. Louis, The Haitian Times, March 20, 2018

Haiti: They Call It Canaan,” by Jacob Kushner, VQR Online, April 14, 2017

Oakland City Council Passed Resolution Calling on the Federal Government to Extend Temporary Protected Status (TPS) for All Nations Currently Under the Program, and to Establish a Pathway to Permanent Residency for Current Beneficiaries,” March 18, 2018

Many in Orlando’s tourism industry fear Haitian, Salvadoran deportations” by Paul Brinkmann, Orlando Sentinel, March 16, 2018

Haitians in South Florida, New York latest to sue Trump over TPS,” by Jacqueline Charles, Miami Herald, March 15, 2018

Haitians sue Trump administration over immigration policy,” by Jennifer Kay, Associated Press (in Washington Post) (versions appeared in Bloomberg Politics, TPM, et al; see

Haitian immigrants sue Trump over immigration policy,” by Rebecca Savransky, The Hill

Trump Sued (Again) Over Temporary Protected Status For Haitian Refugees People from s***hole countries strike back,” by Elie Mystal, Above The Law,  Match 15, 2018

“FOR IMMEDIATE RELEASE: New Lawsuit Alleges TPS Denial Unlawful,” March 14, 2018

Haiti U.N. protest continues as government cancels participation in cholera meeting,” by Jacqueline Charles, Miami Herald, February 28, 2018

Ten Republican US Reps Urge House Speaker Ryan to Quickly Bring Legislation to the Floor to Protect TPS Beneficiaries,” January 12, 2018

Haitian and Salvadoran TPS holders sue Trump administration,” by Jacqueline Charles, Miami Herald, February 22, 2018

Lawsuit: Trump’s ending immigrant program racially motivated,” Associated Press, February 22

With deportation looming, Haitian workers highlight their role in Florida’s tourism industry” by Renata Sago, Marketplace, February 20, 2018

Haiti braces for mass return of migrants from US” (12-minute video, includes  interviews with a TPS recipient, repatriatees at the DRepublic border, others re Haiti’s unpreparedness to receive TPS returnees, and (from minute 6:30) excellent Haiti-TPS-termination discussion with University of Reading Prof. Rosa Freedman, e.g. re hard choices Haiti TPS families with US-born children will face when TPS ends), France24, February 07, 2018

NAACP Legal Defense Fund sues over Trump’s decision to rescind protected status for Haitians,” by Yamiche Alcindor, PBS Newshour, January 24, 2018

NAACP sues Homeland Security on behalf of Haitians, cites Trump’s Public Hostility, by Jacqueline Charles, Miami Herald, January 24, 2018

NAACP Sues Trump Administration Over Ending Protected Status For Haitians,” NPR, January 25, 2018

NAACP Sues Homeland Security Over Haitian TPS, Voice of America, January 25, 2018

NAACP sues DHS over protections for Haitian immigrants, The Hill, January 25, 2018

Op-ed, “Haitians are used to insults. Friday, we mourned. Today, we fight.,” by Edwidge Danticat, Miami Herald, January 12, 2018

IJDH Statement of Solidarity With the Haitian People and Condemnation of President’s White Supremacist Remarks,” January 12, 2018

A Senior Republican Senator Admonishes Trump: ‘America Is an Idea, Not a Race’,” by Julie Hirschfeld Davis, New York Times, January 12, 2018

South Florida fights back against Trump comments,” by Alan Gomez, USA Today, January 12

Trump called Haiti a ‘shithole’ country — now South Florida lawmakers are not holding back,” by Monique O. Madan, Miami Herald, January 12, 2018

‘Don’t Feed the Troll’: Much of the World Reacts in Anger at Trump’s Insult,” by Jina Moore and Catherine Porter, New York Times, January 12, 2018

Trump Alarms Lawmakers With Disparaging Words for Haiti and Africa,” by Julie Hirschfeld Davis, Sheryl Gay Stolberg and Thomas Kaplan, New York Times, January 11, 2018


Column,  “No, President Trump, we Haitians don’t all have AIDS,” by Joel Dreyfuss, Washington Post, December 28, 2017

“On 214th anniversary of Haiti’s freedom, Haitians tell Trump #Neveragain,” by Jacqueline Charles, Miami Herald, December 30, 2017

DHS Distorts Law and Precedent to Ignore Glaring Facts on Haiti TPS, November 21, 2017

Editorial, “Why the Haitians Should Stay – These longstanding residents are valuable assets to the U.S.,” Wall Street Journal editorial board, December 27, 2017

Stripped Of TPS, Haitians Look To Other Options,” by Betsy Abraham, Westbury Times, December 5, 2017

Editorial: “Trump Has Let Down More Than 50,000 Haitians in America,” New York Daily News Editorial Board, November 23, 2017

“Trump’s visit to Florida met with protests over immigration decision for Haitians,” by  Jacqueline Charles, Julie K. Brown and Lance Dixon, Miami Herald, November 22, 2017

Editorial, “Haiti TPS: The United States torments its poorest neighbor,Washington Post editorial board, November 21, 2017

Editorial, “Congress must step up and help Haitian, Central American TPS recipients,Miami Herald editorial board, November 21, 2017

Column, “Abject cruelty: Deporting 60,000 Haitians,” by Jennifer Rubin, Washington Post, November 21, 2017″Legal Experts Request Extensions of Temporary Protected Status for Haiti and El Salvador,” November 20, 2017Editorial: “Deporting 50,000 Haitians would hurt both Haiti and the United States,” Orlando Sentinel editorial board, November 17, 2017“Ten members of Florida’s congressional delegation — U.S. Senators Nelson and Rubio joined by U.S. Reps. Deutch, Diaz-Balart, Curbelo, Frankel, Hastings, Ros-Lehtinen, Wasserman Schultz, and Frederica Wilson wrote Acting DHS Secretary Duke strongly urging a full 18-month extension of Haiti’s TPS designation,“November 17, 2017

138 Organizations and Individuals Serving the Haitian American Community Urge President Trump to Extend Haiti’s TPS designation for 18 Months,” November 17, 2017

The National Haitian American Elected Officials Network (NHAEON) Urges 18 Month Extension of Haiti’s TPS Designation,” November 15, 2017

Editorial: “Acting DHS chief should extend protections for Haitians,” Palm Beach Post editorial board, November 15, 2017

117 Haitian American Faith Leaders Request Redesignation and 18-Month Haiti TPS Extension,” November 16 2017

Massachusetts Gov. Charlie Baker Urges DHS Acting Secretary Elaine Duke to protect Haitian TPS-holders,” November 14, 2017

41 Mayors of Major U.S. Cities Urge Secretaries Duke and Tillerson to extend Haiti’s TPS designation for 18 months,” November 10, 2017

Palm Beach County Board of County Commissioners Passes Resolution Unanimously Urging 18-month Haiti TPS extension”, November 7, 2017

President Trump campaigned as Haiti’s greatest champion. Then Hurricane Matthew struck. 50,000 Haitians with TPS are counting on him to keep his promise.

Haiti’s Ongoing Road to Recovery: The Necessity of an Extension of Temporary Protected,” Report of the Committee on Migration, US Conference of Catholic Bishops, November 2017; Chairman Most Rev. Joe S. Vásquez’s cover letter, November 9

Editorial, “Let TPS recipients stay and give them a pathway to become permanent residents,Miami Herald  editorial  board, November 7, 2017

Experts Call State Department’s Haiti TPS Assessment Divorced From Reality, November 6

All 49 Congressional Black Caucus members urge DHS Acting Secretary Duke to extend Haiti’s TPS designation, November 3, 2017

Op-Ed, “The Time for TPS IS Now” by Cardinal Sean O’MalIey, Pilot, November 03, 2017

Protecting families, stabilizing the region: Why Temporary Protected Status is needed for Haiti”, 30-page CLINIC report and press release, November 2, 2017

US Senators Schumer, Gillibrand, Booker, and Menendez Write Secretaries Tillerson and Duke Urging 18 Months’ Extension of Haiti’s TPS Designation,” October 31, 2017

Bipartisan Bill Introduced to Enable Haitian and Certain Other TPS Holders to Become Legal Permanent Residents,” October 31, 2017

US Rep. Mia Love Urges Acting DHS Secretary Duke to Extend Haiti TPS for 18 Months,” October 27, 2017

U.S. Chamber of Commerce Urges DHS to Extend TPS for Haitians and Others for Detailed Reasons Affecting U.S Economy,” October 26, 2017 October 26, 2017

Extraordinary Conditions: A Statutory Analysis of Haiti’s Qualification for TPS,” Global Justice Clinic, NYU School of Law, October 26, 2017 (37-page report); Clinic’s press release

Principal African-American Christian Communions’ Presidents Urge President Trump to Extend Haiti’s TPS Designation by 18 Months, October 24, 2017

U.S. Senators Markey, Warren and the Entire Massachusetts Congressional Delegation Write Secretaries Tillerson and Duke Urging 18-Month TPS Extension for Haiti,” October 19, 2017

Philadelphia City Council Urges 18-Month Extension of Haiti’s TPS Designation, October 19, 2017

Editorial, “Haitians still need protections from US,” Boston Globe editorial board, October 12, 2017

Haiti requests 18-month TPS extension from Trump administration,” Miami Herald, October 9, 2017; Haitian Ambassador Altidor’s letter to Acting DHS Secretary Duke

“Miami Date County Commission Unanimously Urges 18-Month Extension of Haiti’s TPS Designation, October 3, 2017

State Senator Campbell introduces Haiti TPS extension bill and writes Pres. Trump for third time seeking meeting,” October 19, 2017

“US Senators Rubio and Nelson and 8 US Reps from Florida Urge Acting DHS Secretary Duke to Extend Haiti’s TPS Designation for 18 Months,” September 18, 2017

Broward County Commission Adopts Resolution Urging 18-Month Extension of Haiti’s TPS Designation,” September 14, 2017

U.S. Senator Bill Nelson Writes DHS Acting Secretary Duke Urging 18-month Extension of Haiti TPS,” August 24, 2017

“City of North Miami Unanimously Passes Resolution Urging 18-month Extension of Haiti’s TPS Designation,” August 22, 2017

US Rep. Carlos Curbelo seeks more permanent solution for Haitian families living under TPS,” Channel 10 (ABC affiliate), Miami, FL, August 14, 2017

Pour le renouvellement du TPS, le gouvernement [haïtien] mobilise la grosse artillerie…” par Robinson Alphonse, Le Nouvelliste 08 août, 2017

United States Conference of Mayors Adopts Resolution Urging 18-Month Extension of Haiti’s TPS Designation,” June 26, 2017

Editorial board, “Mr. Trump, don’t send 50,000 Haitians back to a life of hardship,”  Washington Post, June 3, 2017 (reprinted as “Washington Post: White House shouldn’t end Haitians’ TPS,” Omaha World-Herald, June 6, 2017)

How Mobilization Won a Partial Victory on Haiti TPS,” by Steven Forester, The CCR Blog, June 6, 2017

38 Humanitarian and Development Organizations Wrote to DHS Secretary John Kelly With a List of Places to Visit and Experts to see During His 4-Hour-Trip to Haiti, May 30, 2017

Six-month extension for Haitian TPS is not enough,” by U.S. Rep. Ted Deutch and HIAS President and CEO Mark Hetfield,  Miami Herald, May 25, 2017

Editorial board, “Haitians should not lose TPS status,” Miami Herald, May 23, 2017

Senator Edward Markey Statement on DHS Decision to Extend Temporary Protected Status to Haitians,” May 22, 2017

Congresswoman Frederica S. Wilson’s Statement on the Extension of Haiti’s Temporary Protected, Status Designation,” May 22, 2017

AILA: Six-Month Extension of Protection for Haitians Is Not Enough,” May 22, 2017

Editorial board, ” Trump shows some heart: A gracious hand to Haitians,” New York Daily News, May 22, 2017

Trump made a promise to Haitian immigrants. Will he break it and deport them?,” by Karen Attiah, The Washington Post,  May 19, 2017

Editorial board, “An easy call on Haiti for Trump – just heed Florida’s advice,” Orlando Sentinel, May 19, 2017

Don’t split up Haitian families – Extend protected status in U.S.,” op-ed by SEIU Florida State Council President Monica Russo, Orlando Sentinel, May 19, 2017

“Five Senators Tell Secretary Kelly Extension of TPS for Eligible Haitians is the Only Humane Decision: As May 22 deadline approaches, Senators warn that DHS must keep its review within the bounds dictated by Congress,” press release and letter, May 19, and Politico Pro story, May 19, 2017

Senate Foreign Relations Committee Ranking Member Senator Ben Cardin writes Secretaries Tillerson and Kelly urging Haiti TPS Extension, May 18, 2017

130 Organizations and 200 Individuals Serving Haitian Community Urge Extension of Haiti’s TPS Designation, May 18, 2017

Fla. lawmakers, humanitarian groups press Trump to renew TPS for Haitians,” Politico, May 17, 2017

14 U.S. Mayors/County Exec Issue Letter to Secretaries John Kelly and Rex Tillerson Urging the Them to Extend TPS for Haitians, May 17, 2017

U.S. Senator Bill Nelson Personally Urges DHS Sec. John Kelly to Extend Haiti TPS, May 17, 2017

35 refugee and humanitarian organizations write DHS Sec. John Kelly urging Haiti TPS renewal, and Rep. Ted Deutch and humanitarian experts discuss this, May 17, 2017

The City Council Just Took a Stand in Support of Boston’s Haitian Immigrants: They could be sent back unless Trump acts to protect them., Boston Daily, May 17, 2017

Over 550 physicians urge Haiti TPS extension, citing “dire public health circumstances,” May 16, 2017

MA leaders urge TPS extension, May 16, 2017

Editorial board, “The Trump administration is criminalizing Haitian refugees,” The Boston Globe, May 14, 2017

Rick Scott asks Trump administration to extend protection for Haitians,” Tampa Bay Times, May 12, 2017

A Harrowing Turning Point for Haitian Immigrants,” by Edwidge Danticat, The New Yorker, May 12, 2017

Congressional Progressive Caucus leaders oppose Trump administration’s discriminatory targeting of Haitian refugees, May 11, 2017

Boston Mayor Martin Walsh Urges Secretaries John Kelly and Rex Tillerson to Extend Haiti TPS, May 11, 2017

Homeland Security Emergency Preparedness Subcommittee Chairman Rep. Dan Donovan (R, NY) writes Secretaries Kelly and Tillerson urging Haiti TPS extension, May 11, 2017

Editorial board, “Hanging Haitians out to dry,” New York Daily News, May 10, 2017

Editorial board,”Extend protected status for eligible Haitians,” The Palm Beach Post, May 9, 2017

Broward County Commissioners wrote DHS Secretary John Kelly urging him to extend Haiti’s TPS designation,” May 9, 2017

“13 members of New York’s congressional delegation urge extension of TPS for Haitians,” May 5, 2017

“All eleven members of the Massachusetts congressional delegation wrote DHS Secretary Kelly urging him to extend TPS for Haiti for another 18 months,” May 4, 2017

“The President of Haiti and Haiti’s Ambassador to the U.S. urge President Trump to extend TPS for Haitian nationals legally residing in the U.S.,” May 16 and May 8, 2017

L’administration Moïse-Lafontant «favorable au renouvellement du TPS,” Le Nouvellist, May 3, 2017

Congressional Black Caucus asks feds to show ‘compassion’ for Haitians in U.S.,” Miami Herald, May 2, 2017; 47 Congressional Black Caucus members urge DHS Secretary Kelly to extend Haiti TPS

“168 faith-based organizations and 248 faith leaders wrote DHS Secretary Kelly urging him to extend TPS for Haiti,” May 1, 2017

Editorial board, “Don’t Send 50,000 Back to Fragile Haiti,” New York Times, April 29, 2017

16 Senate Democrats, including Minority Leader Schumer and Judiciary and Appropriations ranking members Feinstein and Leahy, wrote a joint letter urging Secretaries Kelly and Tillerson to extend TPS for Haiti, April 26, 2017

Editorial board, “Renew Protected Status for Haitians,” Boston Globe, April 24, 2017

“Florida State Senator Daphne Campbell called for extension of Haitian refugees’ emergency status,” April 24, 2017

NY Pols and Advocates Ask Trump to Let 50,000 Haitians Remain in the United States,” Observer,  April 24, 2017

Editorial board, “The United States may be about to inflict a massive hardship on Haiti,” The Washington Post, April 23, 2017

Haitians fear protected status expiration will lead to deportations,” Sun Sentinel, April 23, 2017 (story and video).

Editorial board, “Let them stay: U.S. must show compassion to threatened Haitians,” New York Daily News, April 22, 2017

Editorial board, “Extend protection for Haitian immigrants – Failing to extend protection for 50,000 Haitians would be disaster for them, their children and those back home,” Sun Sentinel, April 19, 2017

“MA Senator Ed Markey wrote to DHS Secretary Kelly urging extension of TPS,” April 18, 2017

“National Catholic leaders wrote to DHS Secretary Kelly urging an extension of Haiti’s TPS designation,” April 17, 2017

Editorial board, “Extend Temporary Protected Status for eligible Haitians,” Miami Herald, April 16, 2017

“The Municipal Council of the township of Irvington, NJ adopted a Resolution urging President Trump and DHS to extend TPS for at least 18 months,” April 11, 2017

“U.S. Senators Rubio and Nelson of Florida, joined by 8 U.S. Representatives from Florida (3 Republicans and 5 Democrats), wrote to DHS Secretary Kelly urging the extension of TPS for Haitians,” March 24, 2017

“Senators Schumer and Gillibrand of New York wrote to Secretary of State Tillerson and DHS Secretary Kelly urging an expedited extension of TPS for Haitians,” March 24, 2017

“Representative Mia Love wrote to the President urging extension of Haiti’s TPS designation,” March 14, 2017

Congresswoman Yvette Clarke proposed legislation to expand TPS for Haitians,” February 10, 2017

Detailed December 2016 USCIS Assessment that Conditions Warranting TPS Persist, and then U.S. Sec. of State John Kerry, in December 2016 recommendation that Haiti TPS be Extended when it Expires July 22


51 Florida groups and leaders wrote Hillary Clinton urging redesignating TPS and expanding HRFP, among other actions,” October 20, 2016

“Senator Bill Nelson co-sponsored a letter from 12 U.S. Senators urging TPS redesignation in light of Matthew,” October 13, 2016

U.S. Congresswoman Frederica Wilson urged re-designation of TPS and expanding HFRP,” October 13, 2016

U.S. Congressman Alcee Hastings wrote President Obama urging redesignation of TPS,” October 12, 2016

Editorial board, “Haiti’s New Catastrophe,” The New York Times. October 7, 2016

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