One week ago, the country of Haiti was hit by a terrible earthquake, devastating the already poverty-stricken and under-resourced country. Please consider making a contribution to the Red Cross to aid the relief effort on behalf of needy Haitians. For our purposes today, I will not go into great detail into the United States’ culpability for many of Haiti’s problems, but I would like to point out that we have had major military and other incursions into Haiti’s since at least 1915. For this reason, and the arguably negative impact we have had on Haiti’s development, I think it is particularly important that we offer Haitians in the United States a chance to remain here, and not be forced to return there until conditions can improve. To that end, the Department of Homeland Security has finally granted Temporary Protected Status (“TPS”) to Haitians who have been in the United States since at least January 12, 2010. Though, importantly warnings have been issued to Haitians NOT to come to the United States now without authorization. Additionally, the United States has stopped deporting people back to Haiti, and most recently have announced that Haitian orphans who are in need of care may be granted humanitarian parole to enter the United States while they await the completion of their immigration process. These are tremendous steps that are really required for many reasons, not the least of which is the current horrid conditions in Haiti.
It is important to note that individuals seeking TPS need not be in lawful status in the United States, and are not required to have entered on a visa. There are very specific and strict requirements for those seeking TPS, and so I advise you to contact an attorney, or at the very least very carefully review the forms and notices relating to TPS. Also, while this initial grant of TPS is only for 18 months, the TPS programs for Sudan have been ongoing since 1997, for Somalia since 1992, and for El Salvador since 2001. Therefore, it seems likely that TPS will be extended for many years to come. Lastly, TPS programs may be extended, but unless they are redesignated for some reason, those eligible must have been in the United States since the date on the original designation. In this case, January 12, 2010, the date listed on the “designation”. Because of that, Haitians entering the United States now would have no reason to believe they would be eligible for TPS unless something drastically changes years from now.
Dr. Martin Luther King, Jr. was arguably the most important figure in race relations in the history of the United States. It is appropriate that we commemorate his birth with a national holiday. It is also fitting that we celebrate his birthday the same week that TPS was granted to Haitians, as Dr. King was very clear about how the same civil rights should apply to all those inside the United States:
“Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial “outside agitator” idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.” Dr. Martin Luther King, Jr., Letter from Birmingham Jail, April 16, 1963.
*Most of the links used here come from Bender’s Immigration Bulletin Daily.