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Immigration and Asylum

Stay Informed on Haiti’s Human Rights Conditions

IJDH’s bi-annual Human Rights Updates provide critical analysis of the evolving human rights situation in Haiti. These reports are widely used by journalists, international nonprofit organizations, and asylum lawyers, offering up-to-date country condition information.

Updates on Temporary Protected Status (TPS) and More

Breaking: The US Rule of Law Passes One Test in Haiti TPS Case, But Another Test Looms (February 2, 2026)

Advocates called the court order blocking the Department of Homeland Security (DHS) from its unjustified, illegal, and racist termination of Temporary Protected Status (TPS) for Haitians a victory for the rule of law but warned that DHS might continue its lawless path through the Supreme Court’s emergency docket. 

Read IJDH’s full press release here. Read the Court’s opinion here.

Action Alert: They Are Coming For Haitian TPS Holders. Time to Speak Out! (January 28, 2026)

This is an emergency. The Department of Homeland Security (DHS) has announced that next Tuesday, February 2, Temporary Protected Status will be terminated for Haitians. If DHS succeeds, 350,000 of our neighbors will immediately lose their work eligibility and will face all the dangers of the deportation machine in the US and gang violence in Haiti.

If you have only 2 minutes: Call the Congressional House switchboard, (202) 224-3121. Say your zip code and ask to be connected to your Representative. When you are connected, say “My name is _______, I live in (city/state/zip code). I am calling to urge Representative _____ to co-sponsor House Resolution 965, to extend Temporary Protected Status for Haitians. Please contact Representative Ayanna Pressley’s office to become a co-sponsor. Thank you for your consideration.”

Learn more about how you can take action here.

IJDH’s Brian Concannon Details Danger To Face Haitian TPS Holders in Congressional Field Hearing (January 20, 2026)

At a congressional field hearing on Tuesday, IJDH’s Brian Concannon detailed the conditions on the ground in Haiti that deported Temporary Protected Status (TPS) holders would face if TPS for Haiti were terminated on February 3. The hearing was convened by Representative Ayanna Pressley and Senator Ed Markey, with Representative Seth Moulton also joining.

“We all know that it is not safe for families to return to Haiti,” said Concannon. “Many of us here today are hearing frequent, desperate reports from family, friends and colleagues throughout Haiti who confront high risks of violence every time they go to school, to work, or to buy food. Gangs control 90% of Port-au-Prince, and large areas elsewhere. The country has the highest murder rate in the world and has the seventh highest Global Hunger Index score in the world. Many others tell us Haiti is unsafe too,” including Members of Congress and the State Department, with these conditions even acknowledged by the Department of Homeland Security (DHS) itself.

Read more about Concannon’s remarks and the hearing here.

Haiti TPS Update (November 28, 2025)

DHS’s November 26 announcement that it intends to terminate Haiti’s TPS designation was expected.  There is ongoing court litigation.  Here is where things stand.

Under President Biden, Haiti was designated for TPS to February 3, 2026.  Early this year, DHS announced it was shortening it by six months to August 3, 2025.  A few months ago, the same attorneys who had defeated Trump’s attempt to end Haiti TPS during his first term won a federal court order restoring the six months, back to February 3, 2026.

Before that decision was won, DHS had already issued a Federal Register Notice (FRN) announcing its intention to end Haiti’s TPS designation, but it had done so when the end date was still August 3.  So DHS, for technical legal reasons, had to once again announce whether it intended to terminate or extend the designation beyond February 3.  That new FRN was expected around now, and they issued it on November 26.

There are two federal court cases challenging as unlawful DHS’s attempt to end Haiti’s TPS designation after February 3.  Excellent attorneys, including the same attorneys who defeated Trump’s attempts to end Haiti TPS during his first term and who earlier this year succeeded in restoring the six months, are working to hopefully win from federal judges orders blocking  DHS from ending Haiti’s TPS designation on February 3.

For those desiring more information, please contact Steve Forester, IJDH’s Immigration Policy Advocate, at steveforester@aol.com .

Download the PDF version here.

Haitians Sue Trump Admin Over Termination of Critical TPS Relief

On July 30, 2025, five TPS holders represented by Kurzban Kurzban Tetzeli & Pratt, Just Futures Law, Giskan Solotaroff & Anderson and Bryan Cave Leighton Paisner filed a class action lawsuit against the Trump Administration for unlawfully terminating Haiti’s TPS designation. The lawsuit was filed in federal court in the District of Columbia and impacts hundreds of thousands of Haitian nationals who will suffer extraordinary harm if deported to unsafe and dangerous conditions in Haiti.

PDF of Press Release

PDF of Lawsuit

IJDH and Allies Challenge Trump Admin’s Ploy to End Critical TPS Relief for Haitians

On March 14, 2025, IJDH and allies have filed a lawsuit challenging the Trump administration’s unlawful and racially-motivated move to end the Temporary Protected Status (TPS) extension for Haitians. The premature termination is just the latest in a long history of attacks on Haitians and other Black immigrants.

“Ending TPS for Haitians is one more chapter in a long history of racially-motivated Trump Administration attacks on vulnerable people. The Haitian community, their allies, and the courts stood up to the unconstitutional bullying last time, and we are standing up once again.” – Brian Concannon, IJDH

The lawsuit, filed by IJDH, Kurzban Kurzban Tetzeli & Pratt, and Just Futures Law, argues that the administration’s actions violate immigration law and put Haitian TPS holders at risk of deportation to a country facing extreme political instability, violence, and humanitarian crises. A separate FOIA lawsuit, filed by Just Futures Law and NYU Professor Ellie Happel, demands transparency on TPS-related decision-making.

PDF of Press Release

PDF of Lawsuit

Three Suggestions for Haitians Given the New Trump Administration (January 23, 2025)

Trump has threatened to deport millions of immigrants but lacks the resources to do so, so people should definitely not panic, but three general suggestions seem wise. First, it would be wise to know your basic legal rights (see next paragraph). Secondly, unless you have some form of permanent legal status in the United States, it would be wise to promptly, as soon as possible, consult a competent and experienced legal services or private attorney to review your immigration situation and possible legal options. Find legal advice near where you live. Thirdly, if you have dependents, it always makes sense to have a plan for their welfare just in case something happens to you.

First, although Trump lacks the resources for wide-scale ICE raids on workplaces and homes, ICE will do some and they will get headlines, so it would be wise to know what your rights are just in case you encounter an ICE agent. If you do, you have the legal rights 1) to remain silent, 2) to consult an attorney immediately, and, importantly, 3) not to sign anything! See this excellent compendium of resources on this subject going into much more detail.1

Secondly, unless you have some form of permanent legal status, you would be wise to consult an experienced and competent immigration attorney as soon as possible about any forms of immigration relief which may be appropriate for you, whether the attorney is in private practice or at one of the many established agencies like Catholic Charities Legal Services and the many others which provide competent legal advice for free or at low-cost. (Definitely avoid scam artists who will take your money, aren’t authorized to give legal advice, and may file bad applications or give you wrong legal advice which may permanently damage your legal rights!) Find legal advice near where you live.

Thirdly, it’s always wise for anyone, whether a U.S. citizen or immigrant, to plan for who will be legally responsible for their minor children and/or other dependents if they are incapacitated due to a bad accident, illness, death, or by their possible deportation.2 Ask for advice and explore available options in your city and state.

1.If ICE questions you, for example, you can remain silent; you are not required to give your address, your home country, or (in many states) even your name; you don’t have to open the door, etc

2. In addition to exploring the various legal options which vary from state to state, you can prepare a list of emergency phone numbers; let your children’s school know who can pick them up in case you’re not able to do so; etc.

Questions may be addressed to Steve Forester, Immigration Policy Coordinator, IJDH steveforester@aol.com.

Email is preferred, but you may also try texting at 786 877 6999.  Please be sure to identify yourself.

Download or print statement here.

DHS Redesignates Haiti for TPS (December 5, 2022)

IJDH applauds Secretary Mayorkas’s December 5 announcement that DHS will redesignate Haiti for TPS, an announcement which recognizes that current conditions in Haiti make it impossible for the United States to safely deport people there now.  See here and the DHS announcement here.

Eventually eligible to apply under redesignation will be Haitians, and only those Haitians, who have been in the United States since at least November 6 or earlier.  No one not already in the United States by November 6 will be eligible.

And no one can apply yet, even if they arrived before November 6, because DHS must first publish a Federal Register notice outlining application procedures.  As the DHS announcement states, “A soon-to-be-published Federal Register notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew Employment Authorization Documents (EADs) and for new applicants to submit an initial application under the redesignation and apply for an EAD.”

DHS is not expected to publish the Federal Register notice for many weeks or even a few months.  (Last year, it took about three months for them to publish the  notice.)

Haitians in the community should therefore beware of unscrupulous practitioners saying they can apply for them now.  They cannot do so!

For more, read our full statement here.

USCIS Automatically Extends the Validity of Haitian TPS and Work Permit Documents Through December 31, 2022 — And Information for Haitians Who Think They May Qualify for TPS Under the August 3, 2021 Haiti TPS Redesignation

USCIS on August 3, 2021 redesignated the country of Haiti for TPS for an 18 month period by publishing a notice in the Federal Register, the government’s official publication.  Under the Federal Register Notice (FRN), Haitians who think they may be eligible for TPS have until February 3, 2023 in which to apply for it.  To qualify, among other requirements, Haitians must have already been living in the United States on July 29, 2021.  If you think you may qualify, you are strongly advised to consult a competent and experienced immigration attorney for advice before filing an application to make sure that applying is a wise course of action for you given the facts of your own individual case.  (And watch out for unscrupulous persons in the community who are unauthorized to practice law and who may take your money and actually badly harm your case.)

Although the August 3 FRN gives Haitians 18 months (to February 3, 2023) to apply for TPS and also for a work permit if they want one, Haitians may wish to apply sooner in the process rather than later.

Haitians who got TPS after the 2010 earthquake and are protected by the agreement in the Ramos federal court litigation have a new and important additional protection.  On September 10, 2021, USCIS published a new FRN once again automatically extending the validity of their TPS and work permit documents, this time through December 31, 2022.  (“DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through December 31, 2022….”)

This is the fifth such FRN pursuant to the agreement in Ramos automatically extending the validity of their documentation, and like all FRNs, it has the force of law.  Employers and Departments of Motor Vehicles must honor those TPS and work permit documents as valid through December 31, 2022, regardless of the actual date on them.  Any Haitian who currently has TPS does not need to do anything at all or to pay any money or fee at all to enjoy this protection, although as explained below they may wish to file an application for work authorization sooner rather than later under the new August 3 Haiti TPS redesignation FRN.

This is because no further automatic extension beyond December 31, 2022 is expected and, importantly, because there is a seven to eleven month (or even longer!) backlog in adjudicating and approving work permit applications!  This means that even though the work permits of Haitians who already have TPS have been automatically extended and will remain valid through December 31, 2022 per the September 10, 2021 FRN, those Haitians who do not also apply for a new work permit document well in advance of December 31, 2022 may find themselves on that date without work authorization!  To avoid that risk, and the risk of possibly losing their jobs or driving privileges, Haitians who currently have TPS and work authorization under the 2010 designation and the agreement in Ramos may wish to apply for TPS sooner rather than later during the new TPS redesignation application period which began on August 3.

Those Haitians who do not currently have TPS but who think they may qualify under the new August 3 Haiti TPS redesignation because, among other eligibility requirements, they were already physically present in the United States on or before July 29, 2021, are strongly urged to consult a competent and experienced immigration attorney to see if they should apply.  Because of the backlog of seven to eleven months or even longer in adjudicating work permit applications described in the preceding paragraph, they may wish to apply not only for TPS but also, if desired, for a work permit sooner rather than later during the 18 month application period.

For questions about any of this or possible referrals, please feel free to contact IJDH immigration policy coordinator Steve Forester at steveforester@aol.com or 786 877 6999.

Redesignation of Haiti for TPS on August 3, 2021

The Department of Homeland Security (DHS) on August 3, 2021 redesignated Haiti for Temporary Protected Status (TPS) for a period of 18 months, by publishing a Federal Register Notice (FRN).  To be eligible to apply for TPS, Haitians, among other requirements, must have been and remained physically present in the United States continuously since on or before July 29, 2021.  (No one who arrived in the United States after July 29, 2021 is eligible.)  Haitians who think they may be eligible for TPS may file an application, and an application for a work permit, anytime from today through February 3, 2023, a full 18 months.
 
TPS has many eligibility requirements.  So it is extremely important for Haitians who think they may be eligible to apply to consult a competent and experienced immigration attorney in your area before filling out the TPS application form!
 
If you need help locating a competent and experienced immigration attorney in your area to help you, please feel free to contact IJDH’s immigration policy coordinator, Steve Forester (steveforester@aol.com, 786 877 6999), and we will try to give you some leads.  Please also feel free to call with any questions.

Previous Posting:

If you are a Haitian with currently valid TPS, your TPS documents are remain legally valid through October 4, 2021.  Employers and state DMVs must honor them as legally valid through that date.  This is because on December 9, 2020, U.S. Citizenship and Immigration Services (“USCIS”), as it has done three times previously, published a new Federal Register Notice (“the Notice”) automatically extending the validity of your TPS documentation, this time through October 4, 2021.

The Federal Register is the official publication of the U.S. Government; its notices have the force of law.  Importantly, no one with TPS needs to file, do, or pay anything at all, to anyone, to benefit from this extension, which is automatic!  Again, Haitians with TPS do NOT need to re-register; they do not need to file anything at all.  Just inform your employer or the DMV about this new Federal Register Notice!
As the Notice states, “DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months through October 4, 2021, from the current expiration date of January 4, 2021.”

USCIS published this Notice to meet its legal obligations under two federal court cases, as the Notice states in its “Summary.”
For more information, or if you need help explaining this automatic extension to your employer, please contact Steve Forester, IJDH Immigration Policy Coordinator, steveforester@aol.com, 786 877 6999.

(Separately, if you are a Haitian who used to have TPS, but who no longer has it because, in 2017 or 2018, you did not re-register for it under President Trump, you may be able to re-register for it for good cause.  If this applies to you, you are strongly advised to consult an attorney who is competent and experienced in immigration law, about whether or not trying to re-register for TPS would or would not be wise for you, since each person’s legal situation is different.  Feel free to contact Mr. Forester at the contact information given above if you have any questions about this.  But again, if you had TPS in the past but didn’t re-register for it under Trump, you are strongly advised to consult an attorney competent and experienced in immigration law to check whether trying to re-register for TPS now might or might not be possible and advisable for you.)

PDF Version here.

Previous TPS Extension: Haiti TPS Documents Now Automatically Valid to January, 4, 2021 by Operation of Law

On November 4, 2019, U.S. Citizenship and Immigration Services (“USCIS”) published a new Federal Register Notice (“FRN”), extending the validity of Haiti TPS work permits and documents again, this time to January 4, 2021.

The Federal Register is the U.S. Government’s official publication; its notices have the force of law.  Importantly, no Haitian with TPS needs to pay or do anything to benefit from this extension, which is automatic.  You do NOT need to re-register or file anything; just inform your employer or the DMV about this new FRN.

As it states, “DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, as specified in this notice. Such TPS-related documentation will remain in effect through January 4, 2021, from the current expiration dates of [January 2, 2020.]”

As with USCIS’s similar FRNs of October 31, 2018 and March 1, 2019, it published this one to comply with its legal obligations.  See USCIS’s thorough explanation at Update on Ramos v. Nielsen.

For more information, contact Steve Forester, IJDH Immigration Policy Coordinator, steveforester@aol.com, 786 877 6999

(Importantly, the U.S. Government also agreed in Ramos that those Haitians who used to have TPS, but who no longer have it because they didn’t re-register for it in 2017 or 2018, may now be able to successfully re-register for it for good cause!  Anyone to whom this applies is advised to consult a competent attorney experienced in immigration law about whether re-registering would or would not be wise for you, since each person’s legal situation is different.  But, if you had TPS but didn’t re-register under Trump, you are strongly advised to consult an experienced attorney to see if re-registering for TPS now may be possible for you!)

DHS Distorts Law and Precedent to Ignore Glaring Facts on Haiti

DHS on November 20 terminated Haiti TPS effective July 22, 2019, erroneously saying that Haiti had recovered from the January 2010 earthquake.  In doing so, 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 important to protecting Haitian families from unjust immigration policies.

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.

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