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Freedom Information Act Office
U.S. Department Homeland Security
500 12th SW, Stop 5009
Washington, 20536
April 27, 2015
WILLIAM MARSHALL
JUDICIAL WATCH
425 THIRD STREET, SW, SUITE 800
WASHINGTON, 20024
RE:
ICE FOIA Case Number 2015-ICFO-02383
Dear Mr. Marshall:
This letter the final response your Freedom Information Act (FOIA) request U.S.
Immigration and Customs Enforcement (ICE), dated June 09, 2014. You have requested copies the following records:
any and all records communications between DHS personnel and non-US third parties
regarding, concerning related humanitarian parole and/or the U.S. policy permitting
undocumented women and children cross into the United States the southwest border
ICE has considered your request under the FOIA, U.S.C. 552.
After review those documents, have determined that 151 pages will released their
entirety. Portions pages will withheld pursuant Exemptions the FOIA described
below.
ICE has applied FOIA Exemptions and 7(C) protect from disclosure the names, e-mail
addresses, and phone numbers DHS employees contained within the documents.
FOIA Exemption exempts from disclosure personnel medical files and similar files the
release which would cause clearly unwarranted invasion personal privacy. This requires
balancing the public right disclosure against the individual right privacy. The privacy
interests the individuals the records you have requested outweigh any minimal public
interest disclosure the information. Any private interest you may have that information
does not factor into the aforementioned balancing test.
FOIA Exemption 7(C) protects records information compiled for law enforcement purposes
that could reasonably expected constitute unwarranted invasion personal privacy.
This exemption takes particular note the strong interests individuals, whether they are
suspects, witnesses, investigators, not being unwarrantably associated with alleged criminal
activity. That interest extends persons who are not only the subjects the investigation, but
those who may have their privacy invaded having their identities and information about them
revealed connection with investigation. Based upon the traditional recognition strong
privacy interest law enforcement records, categorical withholding information that
identifies third parties law enforcement records ordinarily appropriate. such, have
determined that the privacy interest the identities individuals the records you have
requested clearly outweigh any minimal public interest disclosure the information. Please
note that any private interest you may have that information does not factor into this
determination.
ICE has applied FOIA Exemption 7(E) protect from disclosure internal agency case numbers
contained within the document.
FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release
which would disclose techniques and/or procedures for law enforcement investigations
prosecutions, would disclose guidelines for law enforcement investigations prosecutions
such disclosure could reasonably expected risk circumvention the law. have
determined that disclosure certain law enforcement sensitive information contained within the
responsive records could reasonably expected risk circumvention the law. Additionally,
the techniques and procedures issue are not well known the public.
You have the right appeal ICE determination and should you wish so, please send your
appeal following the procedures outlined the DHS regulations Code Federal
Regulations 5.9 and copy this letter to:
U.S. Immigration and Customs Enforcement
Office Principal Legal Advisor
U.S. Department Homeland Security
Freedom Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Your appeal must received within days the date this letter. Your envelope and letter
should marked FOIA Appeal. Copies the FOIA and DHS regulations are available
www.dhs.gov/foia.
The Office Government Information Services (OGIS) also mediates disputes between FOIA
requesters and Federal agencies non-exclusive alternative litigation. you wish
contact OGIS, you may email them ogis@nara.gov call 1-877-684-6448.
Provisions the FOIA and Privacy Act allow recover part the cost complying with
your request. this instance, because the cost below the $14 minimum, there charge.1 you need contact the FOIA office about this matter, please call (866) 633-1182 and refer
FOIA case number 2015-ICFO-02383. CFR 5.11(d)(4).
Sincerely,
R.gowins,for
Catrina Pavlik-Keenan
FOIA Officer
Enclosure(s): 201 page(s)
Questions and Answers
IACHR Meeting Removals
March 26, 2011
DRAFT March 22, 2011
Background:
ICE has legal obligation remove foreign nationals who are not lawfully present
the United States. DHS and the Department State (DOS) works with countries around
the world, including Haiti, ensure organized, safe and humane repatriation process
for individuals not authorized remain the United States and who have been
ordered removed from the United States. January 13, 2010, the Department Homeland Securitys (DHS) Immigration and
Customs Enforcement (ICE) temporarily halted ICEs removals Haiti aliens with final
orders removal the wake the earthquake and the resulting humanitarian crisis.
Pursuant U.S. Supreme Court decision (Zadyydas Davis, 533 U.S. 678 (2001)), ICE
has the presumptive authority detain aliens with final orders removal for 180
days. After six months, with limited exceptions, continued detention presumptively longer lawful and ICE may extend the detention aliens with final orders removal
only when their removal significantly likely the reasonably foreseeable future. The
moratorium removals Haiti therefore meant that ICE was legally required most
cases release detained Haitian nationals into U.S. communities because their removal
was not likely occur the near future. Following the decision halt the removal
Haitians, ICE evaluated the circumstances each Haitian detention see parole
(with without conditions) was appropriate.
Unfortunately, significant number the detained Haitian nationals had committed
serious crimes and their release posed significant threats the American public.
fact, data shows that some the released criminal Haitians continue commit crimes
after release, including sex offense against child, multiple possession and/or sale
marijuana and cocaine, criminal trespass, larceny, DUI, and assault. result, after
year suspended removals, the U.S. government made the difficult decision restart
removals limited group Haitian nationals ensure the safety our local
communities. also important note that, because these individuals have criminal
history, they are not entitled discretionary relief, even the limited status allowed
under the Temporary Protected Status laws. this regard, these individuals have
legal remedy that will allow them continue remain the United States.
Beginning January 20, 2011, ICE resumed the removals certain Haitians who have
serious criminal convictions pose danger the U.S. national security and are the
subject final order removal. light conditions Haiti, ICE reviewed its
removal policy and gave the public opportunity comment the policy. The
removals will continue focus Haitians who have committed crimes. The precise
contours the removal policy will not finalized until the comments stakeholders
including non-governmental organizations (NG05) are considered.
The removals will coordinated with the Department State and the Government
Haiti (G0H). They will conducted measured manner and with great scrutiny.
2015-ICF0-023831 201
Ql. (IF ASKED) Why have removals restarted?
The Supreme Court has ruled that, most circumstances, ICE obligated release
detained alien with final order removal if, after 180 day period, removal not
reasonably foreseeable. ICEs authority detain aliens with final orders removal
including those whose serious criminal histories mean they would pose significant
threat local communities released therefore limited its ability remove
those aliens. long the moratorium all removals Haiti was effect, ICE could not claim that
the removal any detained Haitian was reasonably foreseeable. Accordingly, until the
moratorium was lifted, ICE was legally required release after six months all detained
Haitians with final orders removal even they had been convicted very serious
crimes.
The release potential release Haitians convicted serious criminal offenses posed clear risk the safety local communities the United States. result, the U.S.
government made the tough decision restart the removals, with focus serious
offenders who have committed crimes such homicide, rape, sexual assault, robbery,
sex offense against children, aggravated assault, assault, kidnapping, false
imprisonment, sale cocaine, smuggling cocaine, sale marijuana, and larceny.
Q2. (IF ASKED) What population will removed under this program?
The removal Haitian nationals will conducted manner that consistent with
ICEs enforcement priorities, which emphasize the removal aliens whose criminal
histories demonstrate they pose significant threat public safety. line with that
focus, ICE will prioritize the removal Haitians with final orders who have committed
serious crimes and therefore pose the greatest risk our local communities released. this time, ICE not removing non-criminal aliens who have committed minor crimes,
aliens with pending temporary protected status (TPS) application, aliens who have
been granted TPS, aliens who are otherwise present the United States lawful
status.
Q3. (IF ASKED) How frequently will removals take place?
The resumption removals Haiti will take place measured manner with more
than 100 Haitian nationals repatriated every month (no more than per flight).
Q4. (IF ASKED) Has the public been given opportunity comment the removal policy?
Yes. ICE posted draft the removal policy its website from March 18, 2011
during which period concerned individuals and organizations could submit comments
the policy. DI-IS, working with the Department State and other partners the
Federal government, reviewing and processing those comments. Based that
review, ICE will generate final version the removal policy, which will then posted its website.
2015-ICF0-023832 201
05. (IF ASKED) Why remove criminal aliens non-functional Haitian Justice System where
they will target vulnerable populations?
The aliens removed under this program have served their criminal sentences the
United States. They are being removed Haiti because they have legal immigration
status the United States and would pose threat U.S. communities released
allowed remain released.
06. (IF ASKED) the United States government violation any its human rights
obligations standards resuming these removals given the conditions the ground?
The United States takes seriously its international human rights obligations and
committed the protection and promotion human rights both home and abroad.
These removals are being undertaken pursuant U.S. law and consistent with our
international obligations.
Accordingly, while (as addressed our Response the Petition) not believe that
the Commission has the authority request precautionary measures from the United
States, there also substantive basis which such measures could requested.
Q7. (IF ASKED) Did the USG consider alternatives deportations?
Because DHS suspended removals Haitians following the January 12, 2010
earthquake, the U.S. Supreme Court precedent which prevents the continued detention aliens whose removal not reasonably foreseeable applied, resulted DHS facing
the difficult dilemma releasing convicted criminals within the United States
resuming removals Haiti. Since the earthquake, hundreds detained Haitians were
released from ICE custody; however, consistent with our domestic immigration
enforcement priorities, DHS resumed removals January 20, 2011, and repatriated
Haitian nationals. Only convicted criminals serious national security threats currently
face removal. The Haitian nationals removed under this program have served their
criminal sentences the United States and are being removed Haiti because they
have legal immigration status the United States.
Q8. (IF ASKED) What the USG doing assist the GOH receive this population?
The USG sensitive the difficulties that Haitians face Haiti, including high
unemployment (75-80%), cholera epidemic, lack health and sanitation
infrastructure, fragile security environment, largely dysfunctional justice system, and
disruption community services and networks that may have existed prior the
January 2010 earthquake. light these many and varied challenges, the USG working develop program support the GOH reintegrating removed Haitians into Haitian communities.
The program will similar other successful reintegration programs and will
encompass various service offerings, including basic medical assistance for returnees.
addition, doctor and nurse will call deal with any urgent medical needs
returnees.
2015-ICF0-023833 201
The USG will work conduct the removals responsible manner possible,
but individuals removed Haiti will face significant challenges due the particularly
difficult conditions Haiti.
Protection human rights and vulnerable populations top priority within the USG. will continue work with the GOH and our international partners broad array efforts meet both the immediate needs vulnerable populations and reduce
vulnerabilities over the long term. Since January 2010, the USG has provided $1.1 billion humanitarian relief assistance and $406 million recovery assistance. The United
States has pledged additional $1.15 billion future reconstruction funds.
Q9. (IF ASKED) When will the reintegration program start? are currently working through the procurement the reintegration program and
hope have place soon possible.
010. (IF ASKED) How will returnees know about the program and how access the
services? When will services available them?
The USG will work with relevant NGO partners ensure that returnees are aware the
services available them immediately upon arrival Haiti.
The reintegration program is100% voluntary. Returnees will eligible take
advantage the program soon their processing complete. many cases, this
will immediately upon arrival Haiti.
011. (IF ASKED) Will returnees jailed when they arrive Haiti?
This question for Haitian authorities. our understanding that the GOH may hold certain individuals for administrative
processing, including for background checks and family reunification purposes. cannot guarantee that removed individuals will not redetained, but
understand from the GOH that this will not standard practice.
Q12. (IF ASKED) What the U.S. government doing ensure that the GOH does not
redetain returnees?
The U.S. government working with the GOH ensure that removals are conducted
the most humane manner possible. our understanding that the GOH may hold
certain individuals for administrative processing, including for background checks and
family reunification purposes. you know, these are Haitian citizens and therefore fall under the jurisdiction the
GOH soon they arrive back country.
Just like have obligation protect our citizens, the GOH has obligation
perform their own due diligence safeguard their citizens and has asserted its position
that conducting such due diligence may necessary the cases some returnees.
Understanding this, are working provide the GOH with much information
2015-ICF0-023834 201
possible facilitate rapid processing these individuals. These efforts include:
providing information returnees well advance flights, consulting with GOH
officials which individuals will returned, and continually thinking through ways improve upon this process.
Strengthening justice sector institutions and the rule law overall are clear priorities
for USG assistance Haiti. The United States only one many international donors
working strengthen Haitis justice sector endeavor that will require sustained
engagement over the long-term.
Q13. (IF ASKED) Detainees are risk contracting cholera because poor conditions
Haitis detention centers. appears that one has already died. What the USG doing about
this? true that that gentleman died cholera contracted detention?
Unfortunately, the USG cannot guarantee that removed individuals will not encounter
the challenges that face many Haitians daily basis. are aware that one gentleman passed away the home family member after
having spent several days Haitian detention center. have received reports,
although have not been able confirm them with certainty, that contracted and
died cholera. are saddened Mr. Guerriers death Our decision return detainees informed, part, their medical conditions.
This individuals death also reminds that the USG and international community must
remain engaged addressing public health and reconstruction challenges generally
Haiti; not just certain areas, but throughout the country. The USG has, February
2011, provided expertise and more than $44 million dollars support cholera
prevention and response activities. These efforts include support for cholera treatment
facilities, improvements water and sanitation infrastructure, medical supplies and
services, and information campaigns that teach the public about cholera prevention and
treatment. The USG remains committed support the GOH and international partners confront Haitis daunting public health challenges.
Petition-specific questions
Q14. (IF ASKED) What the status the deportation proceedings with respect
(b)(7)(C).(b)(6)
(b)(6) (b)(7)(C)
(b)(6) (b)(7)(C)
(b)(6) (b)(7)(C)
(bX6) (b)(7 )(C)
(b)(6) (b)(7)(C) the subject final order removal. currently detained.
the subject final order removal. was released from detention
January 21, 2011 the subject final order removal. was the subject (b)(6) (b)(7)(C)
removed Haiti January 20, 2011 charter flight. the subject final final order removal. currently detained.
(b)(6) (b)(7)(C)
order removal. currently detained.
2015-ICF0-023835 201
015. (IF ASKED) Has the United States received any assurances from the Haitian government the possibility that the proposed beneficiaries would able obtain proper medical
care, food and clean drinking water the place detention which they could sent?
The United States has not received any assurances from the Haitian government
regarding the medical care provisions that the proposed beneficiaries will able
obtain upon their return.
016. (IF ASKED) there final resolution and date set for the deportation the proposed
beneficiaries?
DHS does not provide information regarding the existence scheduled dates
removal for individual aliens. Providing such information individual case could
compromise the law enforcement objectives DHS ICE.
Related the inquiry regarding the cases the proposed beneficiaries, the United
States would note that working develop program assist with the
reintegration returnees Haiti. The program will similar nature other
reintegration programs the region.
2015-ICF0-023836 201
Approved: Office the Haiti Special Coord nator
(b)(6) (b)(7)(C)
Drafted:
S/EISC
(b)(6) (b)(7)(C)
Cleared:
S/HSC:
USOAS AID/
L/HRR:
L/HRR:
PRM/PI
DHS/O(
2015-ICF0-023837 201
(b)(6) (b)(7)(C)
Homeland
Security
May 2011
Public Affairs Strategy
To:
(b)(6) (b)(7)(C)
DHS Exec Sec/Front Office
rom:
Re:
Assistant Secretary, Public Affairs
Extension/Re-Designation Temporary Protected Status (TPS) for Haitians the U.S.
Executive Summary Jan. 12, 2010, the island nation Haiti was struck magnitude 7.0 earthquake that caused
widespread destruction and death and effectively crippled the country. Jan. 15, 2010, Secretary
Napolitano announced the designation Temporary Protected Status (TPS) for Haitian nationals who
were the United States Jan. 12, 2010. part DHS ongoing efforts assist Haiti, Secretary Napolitano extending TPS for Haitian TPS
beneficiaries for months allow these TPS beneficiaries remain the United States through Jan.
22, 2013. The Secretary also re-designating Haiti for TPS effective July 23, 2011 meaning that
Haitian nationals who have continuously resided, the United States since Jan. 12, 2011, will also
eligible for TPS through Jan. 22, 2013.
DHS estimates that approximately 10,000 more individuals may become eligible for TPS under the redesignation Haiti due the Secretarys re-establishment the continuous residence date Jan. 12,
2011. anticipation the announcement extension and re-designation, DHS OPA, coordination with
components and the Department State, plans produce materials communicate the announcement employees, stakeholders, Haitians the U.S., and domestic and international media. These
communication efforts are centered three major U.S. government objectives:
Deter and dissuade Haitian citizens from taking the sea attempts illegally migrate
the United States.
Clearly explain that TPS designation will only considered for those meet the eligibility
requirements either renew their registration file registration for the first time.
Clearly explain U.S. Government policy relates the repatriation Haitian migrants
interdicted sea.
Clearly articulate that Haitians should not attempt enter the U.S. illegally with the hope
obtaining TPS.
Haitians who are currently living the Bahamas who are interdicted sea before they reach U.S. soil
will returned back the Bahamas pursuant current protocol with the Bahamas. This contingent
2015-ICF0-023838 201
upon evidence that these individuals originated from the Bahamas. appropriate, credible fear
procedures will also followed.
Press Release
WASHINGTON Secretary Homeland Security Janet Napolitano today announced the extension
Temporary Protected Status (TPS) effective July 23, 2011, for Haiti TPS beneficiaries for additional months allow these TPS beneficiaries remain the United States through Jan. 22, 2013, the
extended aftermath the devastating earthquake Haiti Jan. 12, 2010. The designation TPS for
Haitian nationals who were the United States Jan. 12, 2010, was originally announced
Secretary Napolitano Jan. 15, 2010. Currently, approximately 48,000 Haitian nationals with TPS
reside our country. the extended aftermath the devastating earthquakes Haiti, the United States has remained fully
committed upholding our responsibility assist individuals affected this tragedy using tools
available under the law, said Secretary Napolitano. Providing temporary refuge for Haitian nationals
who are currently the United States and whose personal safety would endangered returning
Haiti part this administrations continuing efforts support Haitis recovery.
Secretary Napolitano extending TPS for Haitian beneficiaries for months allow these TPS
beneficiaries remain the United States through Jan. 22, 2013. addition, Secretary Napolitano re-designating Haiti for Temporary Protected Status (TPS) meaning
that eligible Haitian nationals who have continuously resided the United States since Jan. 12, 2011, will
also able obtain TPS through Jan. 22, 2013. Under the original designation, TPS applicants needed show that they had continuously resided the United States since Jan. 12, 2010, but the re-designation
now permits eligible individuals who arrived one year after the earthquake Haiti receive the
protection TPS. Many these individuals were authorized enter the United States immediately after
the earthquake temporary visas, humanitarian parole and through other immigration measures.
This re-designation TPS applies only those Haitians currently the United States who had arrived
before Jan. 12, 2011. Haitians who are not currently the U.S. should not attempt enter the United
States legally otherwise try take advantage this benefit. Both the extension and redesignation are effective July 23, 2011. individual who arrived the United States after Jan. 12,
2011, will eligible for TPS. person who has been convicted felony two more misdemeanors the United States,
subject one the asylum, criminal, security-related bars admissibility under immigration law,
not eligible for TPS. DHS has also announced the continued suspension work authorization regulations
for Haitian F-1 nonimmigrant students.
Haitians who attempt enter the United States now the future will not granted TPS. DHS has
been repatriating Haitians seeking illegally enter the United States since the earthquake 2010. The
U.S. Coast Guard (USCG) has been intercepting Haitians sea and returning Haitians who have
attempted enter the United States illegally; U.S. Customs and Border Protection has been removing
inadmissible Haitians who have arrived U.S. ports entry; and since January 2011 U.S.
Immigration and Customs and Enforcement (ICE) has removed Haitians who have been convicted
criminal offense (or who pose threat U.S. national security) and have been issued final order
removal.
2015-ICF0-023839 201
Finally, ICE prepared aggressively investigate and present for prosecution those who seek defraud
the U.S. government attempt gain Temporary Protective Status (TPS) engage immigration
benefit fraud the result the expansion this program. ICE will also pursue human smugglers whose
only goals are profit the expense others.
Haitians the United States who are eligible apply for TPS should
USCIS toll-free 1-800-375-5283.
uscis2ov/tps call
Key Messages the extended aftermath the devastating earthquakes Haiti Jan. 12, 2010, DHS has
remained fully committed upholding our humanitarian responsibility assist individuals
affected this tragedy using immigration benefits available under the law.
Today, Secretary Homeland Security Janet Napolitano extended TPS for Haitian nationals months allow Haitians who have already been granted TPS re-register and remain
the United States through Jan. 22, 2013. addition, Secretary Napolitano re-designated Haiti for TPS meaning that Haitian nationals
who have continuously resided the United States since Jan. 12, 2011, may also eligible for
TPS through Jan. 22, 2013.
Under the prior designation. TPS applicants needed show that they had continuously resided
the United States since Jan. 12, 2010. The re-designation now permits eligible Haitians who
arrived one year after the earthquake Haiti receive the protection IFS. Many
these individuals were authorized enter the United States immediately after the earthquake
temporary visas, humanitarian parole and through other immigration measures.
Both the extension and re-designation are effective July 23, 2011. Haitian who arrived the
United States after Jan. 12,2011, will eligible for TPS. person who has been convicted
felony two more misdemeanors the United States, subject one the asylum,
criminal, security-related bars admissibility under the immigration laws, not eligible for
TPS.
TPS re-designation has been employed sparingly recent years, including for Liberia, Sudan,
and Somalia. addition granting TPS, U.S. Citizenship and Immigration Services (USCIS) has also made
some temporary measures available nationals Haiti they relate change extension
nonimmigrant status, advance parole, employment authorization for F-1 students, processing
immigrant petitions for children U.S. citizens and lawful permanent residents, among others. part these efforts, USCIS has granted more than percent all fee waiver requests for
Haitians seeking these and other immigration benefits. continue consider any application
for discretionary benefits case-by-case basis.
TPS only applies those Haitians who were present the United States Jan. 12, 2011.
Haitians interdicted sea will repatriated, urge people not put their lives risk
embarking dangerous sea voyage.
2015-ICF0-0238310 201
This re-designation TPS applies only those Haitians currently the United States who had
arrived Jan. 12,201!. Haitians who are not currently the United States should not attempt enter the United States legally otherwise try take advantage this benefit.
Individuals who attempt enter the United States from Haiti now the future will not
granted TPS. The U.S. government will continue interdict and repatriate persons unlawfully
seeking come the U.S, sea. Since the earthquake. USCG has been intercepting and
returning Haitians who have attempted travel sea the United States; U.S. Customs and
Border Protection (CBP) has been removing inadmissible Haitians who have arrived U.S. ports entry; and U.S. Immigration and Customs and Enforcement has removed Haitians who have
been convicted criminal offense and have been issued final order removal.
Homeland Security Task Force Southeast standing task force formed 2003 pursuant
Homeland Security Presidential Directive Five that facilitates the roles participating agencies the event mass migration from Caribbean nation. HSTF-SE not making preparations
for imminent anticipated mass migration; rather, the task force taking prudent measures
ensure readiness rescue Haitian citizens peril sea. have not encountered any signs
increased illegal maritime migration, but continue monitor conditions closely. Haitians
interdicted sea will repatriated urge people not put their lives risk embarking dangerous sea voyage. encourage Haitian-American communities throughout the United States join
discouraging the people Haiti from taking the sea. The best way ensure your safety and
the safety your loved ones not attempt take the sea hopes reaching the United
States illegally.
USCG works hand hand with other DNS components, CBP and Immigration and Customs
Enforcement (ICE), secure our borders.
USCG will repatriate Haitian migrants interdicted sea.
Alien Migrant Interdiction Operations are much humanitarian missions they are border
security missions. Too many times, lives are lost needlessly during attempts reach the United
States illegally. The Coast Guard will continue rescue Haitian migrants from their peril sea
and will always professional manner that preserves the dignity all people.
ICE will aggressively investigate and present for prosecution those who seek defraud the U.S.
government attempt gain TPS engage immigration benefit fraud. ICE will also pursue
human smugglers whose only goal profit the expense others.
ICE will actively investigate fraud immigration service providers unscrupulous attorneys
others who would supply false documents support TPS applications.
Questions Answers
Why did the United States extend and re-designate Haiti for TPS? For how long will
effect?
The United States remains concerned about the welfare Haitians following the devastating
Jan. 12, 2010, earthquake Haiti.
2015-ICF0-0238311 201
Both the extension and re-designation are effective July 23, 2011. Therefore, [date
FRN publication], Haitians who are not currently TPS beneficiaries, who are currently the
United States, and who have continuously resided the United States since Jan. 12, 2011,
and who not have TPS pending TPS application, may apply for TPS immediately,
and found eligible, they will permitted stay the United States through Jan. 22,
2013.
Haitians who received TPS under the previous designation may file for re-registration with
USCIS between [DATE], and [DATE], order remain the United States for the same
period through Jan. 22, 2013. Current TPS beneficiaries must not send application reregister until the beginning the re-registration period (which will open once the reregistration information published the Federal Register XXXXX). Any TPS reregistration application received before this date will rejected.
Q2.
What TPS?
TPS, signed into law 1990, affords temporary immigration protection nationals
foreign countries who cannot return home safely due ongoing armed conflict,
environmental disaster, other extraordinary and temporary conditions that prevent
nationals that state from returning home safety.
The DHS and the Department State continuously monitor country conditions they
relate the statutory requirements TPS, and the departments consult regular basis.
Q3.
Can Haitians who are Haiti now come the United States and receive TPS?
No. TPS only available for Haitians who were already the United States Jan. 12,
2011. Haitians who have not resided continuously the United States since that date
those who attempt enter the United States now the future will not eligible for
TPS.
Q4.
Who exactly eligible for TPS Haiti under the re-designation? qualify, you must: national Haiti, person without nationality who last habitually resided Haiti; Have continuously resided the United States since Jan.! 2011; continuously physically present the United States since July 23, 2011, the effective
date the re-designation Haiti; Meet certain immigrant admissibility requirements, and other TPS eligibility
requirements (See INA 244(c), U.S.C. 1254a(c) and C.F.R. 244.2-244.4.); and
satisfactorily complete all TPS application procedures.
Q5.
Are you worried about mass migration from Haiti? dont have any reason believe that mass migration forthcoming.
constantly monitor the situation, would ready respond.
Q6.
What will the USG with individual Haitian migrants who may interdicted sea?
Haitians should not attempt embark dangerous sea voyage the United States.
They will intercepted and will not allowed entry the United States.
The vast majority Haitian migrants who are interdicted sea will repatriated their
homeland accordance with U.S. policy.
Q7.
What about interdicted Haitians with refugee claims?
DHS has well-established procedures place for processing migrants with potential refugee
claims.
2015-ICF0-0238312 201
Q8.
How Haitians who are currently the United States register for TPS?
Only Haitians currently the United States can register for TPS filing both
Application for Temporary Protected Status (Form 1-821) and Application for
Employment Authorization (Form I-765) with the appropriate fees fee waiver requests.
(Both these forms are necessary for data collection purposes, even the applicant not
seeking employment authorization.) These forms are available
calling the toll-free USCIS Forms Hotline 1-800-870-3676.
Q9.
Can TPS used basis for obtaining permanent resident status?
No. TPS temporary benefit that does not lead lawful permanent resident status any
other immigration status.
Q10. What the status for Haitians currently local detention centers? Does the extension
TPS impact Haitians ICE custody?
Haitians ICE custody are either waiting deported waiting the adjudication
their cases.
Individuals ICE custody are not eligible for TPS. Those Haitians who are eligible for
TPS would released and their case postponed. II. What happens migrants who are found not have valid claim for protection?
Migrants who are found not have valid claim for protection are repatriated their
country origin.
Migrants who are found have valid claim for protection are resettled third-country
with the assistance from the U.S. Department State.
Q12.
Which countries are they resettled in?
The countries that migrants are resettled vary case case. However, the resettlement
process carefully coordinated ensure that migrants need protection are resettled
countries that can provide safe and stable environment.
Q13. How Coast Guard migrant interdiction efforts help save lives?
Safety life sea paramount. Every effort made rescue persons embarked
unseaworthy craft otherwise peril from the sea, regardless the nationality other
circumstances the migrants.
Migrants attempting illegally enter the United States boat often travel aboard leaking,
dangerously overloaded and ill-equipped vessels. Illegal migrants riding aboard these
vessels are putting their lives extreme risk. Migrants who travel aboard smuggler go-fast
boats are also putting their lives the hands criminals; the smugglers primary
consideration often greed, not safety compassion.
Additionally, timely and visible repatriations have proven one the strongest
deterrents additional migrant voyages.
Q14. What the Coast Guards role conducting alien migration interdiction (AMID)
operations?
USCG acts instrument U.S. policy conducting alien migration interdiction
operations. USCG protects our national security patrolling the high seas and U.S.
waterways and interdicting vessels suspected having migrants aboard attempting
illegally enter the U.S.
2015-ICF0-0238313 201
Alien Migrant Interdiction Operations are much humanitarian missions they are
border security missions. Too many times, lives are lost needlessly during attempts
reach the United States illegally. The Coast Guard will continue rescue Haitian
migrants from their peril sea and will always professional manner that
preserves the dignity all people.
USCG carries out the AMIO mission direction the President. USCGs unique
combination legal authority, law enforcement expertise, search and rescue skills and
humanitarian character make the most appropriate federal agency execute this
mission.
Q15. What happens Haitians who are interdicted sea?
The vast majority those Haitian citizens will repatriated. Once aboard USCG
cutters, Haitian citizens rescued from the sea are provided food, water and receive any
necessary medical care.
Q16. With which U.S. agencies and organizations does the Coast Guard coordinate complete
the interdiction and disposition process?
When Coast Guard crews have migrants aboard their cutter they provide food, shelter and
medical care necessary. The USCG determines the disposition the migrants through process coordinated Homeland Security immigration officials.
Once the USCG makes determination, the Coast Guard transports the migrants the
destination selected. this involves third country, the Department State makes the
necessary arrangements with the host country.
Tactics
The following tactics can used publicize our messages:
Stakeholder Outreach DHS/ICE/USCIS/USCG OPA and DHS OLA will communicate with
stakeholders, with USCIS taking the lead make appropriate Hill notifications and contact
non-governmental organizations, prior the official public announcement the extension/redesignation TPS for Haitians the United States. USCG/ICE will provide support needed.
(SEE ATTACHED LIST STAKEHOLDERS/COMPONENT OUTREACH PLAN)
Press Releases/Media Outreach DHS OPA will issue national press release announcing the
extension/re-designation TPS for Haitians the United States. U.S. Embassy Port-au-Prince
will initiate PSAs, radio interviews, etc. communicate the same messages in-country.
Web Copy DHS OPA will update web copy the extension/re-designation TPS for
Haitians the U.S. Web pages will include resources for Haitians the United States and
information.
Employee Messaging DHS OPA will create employee materials, including broadcast
message and information DHS Connect related the announcement the extension/redesignation TPS for Haitians the United States.
Timeline
2015-ICF0-0238314 201
May USCIS/DHS OLA will make relevant congressional notifications prior the public
announcement. Relevant program offices within DHS/ICE/USCIS/USCG will email communications
materials and/or host conference calls with subject matter experts and local and national stakeholders,
including community leaders, non-governmental organizations, and state and local governments.
Day Announcement (May OHS OPA will issue national press release announcing the
extension/re-designation TPS for Haitians the U.S.; USCIS will hold stakeholder calls and
proactively distribute appropriate materials. Corresponding press release will issued Haiti U.S.
Embassy Port-au-Prince.
After Announcement (May USCIS will hold radio tour and host additional stakeholder calls with
subject matter experts, continually assessing communication and engagement efforts and refining
outreach necessary. U.S. Embassy Port-au-Prince will initiate PSAs, radio interviews, etc.
communicate the same messages in-country.
July The extension/re-designation TPS for Haitians the United States officially takes effect.
2015-ICF0-0238315 201
yNRI 1ite
krikt cfl
OPERATIONS ORDER
San Ysidro, California
4Cj
Deferred Action for Childhood Arrivals (DACA)
Operation Date: March 10, 2014 (PST)
EXECUTIVE SUMMARY: Through open source reporting, the San Diego Field Office has
learned that the Bring Them Home project planning conduct Coming out the Shadows the Border demonstration. The group claiming many members qualify enter the United
States under the Deferred Action for Childhood Arrivals (DACA) act, also known Dream
Act. The event scheduled occur the Otay Mesa Port Entry Monday March 10,
2014 (PST). anticipated that significant number Dreamers will present
themselves the port entry and request that they admitted the United States.
BACKGROUND: The National Immigrant Youth Alliance (NITA) activists have coordinated
previous demonstrations along the Southwest Border (Laredo, Texas and Nogales,
Arizona). During this iteration, NIYA seek bring 250 people the Otay Mesa Port Entry
where they will request entry the U.S. Previous CBP reporting these events indicate the
individuals applying for entry will have entitlements enter, pass through remain the
United States and will summarily claim Credible Fear (CF). CBPs approach has been detain
said individuals pending Expedited Removal/Credible Fear (ER/CF) interview with
Asylum Officer and/or subsequently issue significant public benefit parole, pending removal
proceedings before Immigration Judge.
CURRENT STATUS: The San Ysidro/Otay Mesa Admissibility Enforcement Units (AEU)
management team has developed this operational plan address the potential Dreamer arrivals.
Communication lines have been established with the San Diego Police Department (SDPD),
Federal Protective Service (FPS). Homeland Security Investigations (HSI), San Diego Sector
Border Patrol (SDC), Office Chief Counsel (OCC) and, Immigration and Customs
Enforcement-Enforcement Removal Office (ICE-ER0).
OPERATION DATE(S) AND TIME:
Date:
Monday, March 10, 2014
Time:
0800 hours 2400 hours
OPERATIONAL AREAS: For the purposes this plan, the following international crossings
are identified operational areas:
Otay Mesa Port Entry Most Likely Point Arrival
Privately Owned Vehicles, Pedestrians and Commercial Buses
Open hours, days week
2015-ICF0-0238316 201
San Ysidro Port Entry
Privately Owned Vehicles, Pedestrians and Commercial Buses
Open hours, days week
LOGISTICS: the San Diego Field Offices intent complete all processing requirements the most expeditious manner possible while maintaining the integrity due process afforded every alien removal proceedings. The following measures will employed:
Resources Incident Commander will designated direct this event. dedicated team, comprised principally AEU/CEU personnel, has been
developed manage the arriving group.
Space Dreamers will processed independently and not comingled with other and
arriving travelers and inadmissible aliens. Ancillary holding and processing space with outlying Border Patrol Stations
(creating added holding capacity for detainees) has been established. Imperial
Beach, Chula Vista and Brown Field OBP Stations. Coordination with Office Information Technology (OIT) was made and test
runs for processing capabilities with SIGMA connectivity all outlying stations
and the SENTRI office are complete.
Transportation: needed, ICE-ERO will provide bus and driver facilitate the movement
detainees outlying stations. ICE-ERO will immediately transfer and move required mandatory detentions
cases directly the San Luis Detention Facility
Security
(b)(7)(E)
Special Handling: Two medical physician assistants will on-site augment medical clearance. Coordination with Food Service contractors notified.
FOR OFFICIAL USE ONLY
2015-ICF0-0238317 201
CONTINUITY OPERATIONS: Upon arrival the Dreamers, CBP process the group
utilizing assembly line protocol. Dreamers will stations with designated teams with
designated Officers:
TEAM (6) Officer
PRIMARY
Pre-primary
Pre-primary
Pre-primary
imary
Primary
Officers will pre-primary separate the Dreamers from other pedestrian
travelers. Officers will divert Dreamers three pedestrian primary lanes located
inside the building. Officers will assigned primary lanes designated for Dreamers. They will take
primary declarations for primary inspection record query and write referrals. Any
identification will placed small envelope and given Dreamer take next
station.
TEAM #2: (7) Officers and (1) Supervisor PAT DOWN
Admissibility Screening AEU CBPI
tdown .C.BP
atdown CBP
own CEU
Patdown CEU
atdown
AEU
Patdown AEU Officers will conduct Personal Search person and property. The Appendix and
property will placed folder with identification envelope stapled the
front. The pat down will ensure audio video recording devices were the
applicant.. All jewelry, belts, shoelaces will removed and placed with personal
effects. Money will counted and documented the Appendix Applicant will
keep money his/her person all times. Applicant will escorted the next
team. AEU Supervisor will conduct initial secondary interview determine admissibility each applicant and provide explanation concerning Humanitarian Parole and Credible Fear.
(b)(6) (b)(7)(C)
(b)(6) (b)(7)(C
FOR OFFICIAL USE ONLY
2015-ICF0-0238318 201
(b)(6) (b)(7)(C)
TEAM #3: (5) Officers IAFIS/IDENT AEU
o.._ AEU AEU AEU
Iafis AEU
lafis
Officers will roll fingerprints, take photo and print out any Visit hits.
TEAM #4: (8) Officers RUN CHECKS
(b)(6) (b)(7)(C L/D
Run Cheeks L/D Cheeks
Run Checks
Checks
Run Checks
hecks
Run Checks Checks
Officers run required checks
Number Tfile.
(b)(7)(C) (b)(6
and assign Alien
TEAM #5: (11) Officers and Supervisors HANDWRITTEN SWORN
STATEMENT
Officers will take handwritten sworn statements establish identity, alienage,
admissibility. Statements will placed the Alien file.
FOR OFFICIAL USE ONLY
2015-ICF0-0238319 201
(b)(7)(E)
(b)(6) (b)(7)(C)
TEAM #6: (5) Officers MEDICAL SCREENING
edical Screen Form AET
edical Screen Form
edical Screen Form
Medical Screen Form LID
EDPAR forms Officers will fill out DIHS 794 form for general medical history each applicant.
Light Duty AEU Officer will fill out all MEDPAR forms for applicants needing full
medical clearance.
Upon completion the stations, applicants will separated into groups and transported
staging areas (3) outlying Border Patrol Stations San Ysidro Port Entry, for final
processing and signature serving documents.
MEDIA ACTION PLAN: The San Diego Field Office Public Affairs Officer Decima will site the Otay Mesa POE and will advise media take b-roll from the public areas. Should
the Dreamers cross different location, media will only allowed film from public areas.
The media will not allowed film from within the footprint the Federal Inspection Site
(FIS) and will provided with statement distributed electronically.
CBP will not conduct any on-camera interviews the location. there are any live national
media trucks that wish broadcast from the site, they will directed designated areas that
are away from the FIS and not impede the flow traffic.
COMMUNICATION/COMMAND/CONTROL: Customs and Border Protection will have
access communication devices such government cell phones and computers. The Otay
Mesa Command Center. will notified any developments and will the command and
control site for Otay Mesa Port Entry. Senior management will also made aware
developments the event unfolds. Regular updates will provided.
SAFETY: Mobile Field Force, composed the SDFO Special Response Team members and
San Ysidro/Otay Mesa Ports Entry Tactical Enforcement Officers, will standby
area out public view. The Otay Mesa Port Entry will maintain heightened enforcement
posture prevent illegal activity, enhance security capabilities, and disrupt Transnational
Criminal Organizations potentially attempting exploit areas vulnerabilities.
MEDICAL RISK SERVICES PERSONNEL. Low risk for injury relating heat, cold,
flora, fauna, drowning, falling, blunt trauma, assault, and gunshot. Emergency Medical Service
(EMS) providers will dispatched using the 911 emergency notification system (i.e., ground
ambulance, Life Flight/air ambulance and air evacuation) for treatment and transport
appropriate medical facility. All casualties will stabilized and transported the nearest
medical facility according local EMS protocols.
FOR OFFICIAL USE ONLY
2015-1CF0-0238320 201
PRIMARY POINTS CONTACT:
(b)(6) (b)(7)(C
Port Director Incident Commander
Admissibility Enforcement Unit
(b)(6) (b)(7)(C)
(b)(6) (b)(7)(C)
Chief Admissibility Enforcement Unit
(b)(6) (b)(7)(C)
isor Admissibility Enforcement Unit
(b)(6) (b)(7)(C
eryisor Criminal Enforcement Unit
Watch Commander
(b)(6) (b)(7)(C) Mesa Passenger
Office. (619)
(b)(6) (b)(7)(C)
slant Port Director (Nay Mesa POE
(b)(6) (b)(7)(C)
tor San Ysidro/Otay Mesa
(b)(6) (b)(7)(C
ant Director Border Security Field Operations
FOR OFFICIAL USE ONLY
2015-ICF0-0238321 201
(b)(7)(E)
Policy Number
FEA Number: the Dire vor .5. Depronent 1101110:11111 Security
500 12th SINOI.
Washington. 1).C. 20536
MAR 2011
MEMORANDUM FOR:
U.S. Immigration
and Customs
Enforcement
All ICE Employees
(b)(6) (b)(7)(C)
FROM:
SUBJECT:
Civil Immigration Enforcement: Priorities for the Apprehension.
Detention, and Removal Aliens
Purpose
This memorandum outlines the civil immigration enforcement priorities U.S. Immigration and
Customs Enforcement (ICE) they relate the apprehension, detention, and removal aliens.
Mese priorities shall apply across all ICE programs and shall inform enforcement activity,
detention decisions, budget requests and execution, and strategic planning. Priorities.* the apprehension, detention, and removal aliens addition our important criminal investigative responsibilities, ICE charged with enforcing
the nations civil immigration laws. This critical mission and one with direct significance for
our national security, public safety, and the integrity our border and immigration controls.
ICE, however, only has resources remove approximately 400,000 aliens per year, less than
percent the estimated illegal alien population the United States. light the large number administrative violations the agency charged with addressing and the limited enforcement
resources the agency has available, ICE must prioritize the use its enforcement personnel,
detention space, and removal resources ensure that the removals the agency does conduct
promote the agencys highest enforcement priorities, namely national security, public safety, and
border security. that end, the following shall constitute ICEs civil enforcement priorities, with the first being
the highest priority and the second and third constituting equal, but lower, priorities.
Priority Aliens who pose danger national security risk public safety
The removal aliens who pose danger national security risk public safety shall
CPIs highest immigration enforcement priority. These aliens include, but are not limited to:
aliens engaged suspected terrorism espionage, who otherwise pose danger national security;
WWW
2015-ICF0-0238322 201
Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal
Aliens
aliens convicted crimes, with particular emphasis violent criminals, felons, and
repeat offenders;
aliens not younger than years age who participated organized criminal gangs;
aliens subject outstanding criminal warrants; and
aliens who otherwise pose serious risk public safety.
For purposes prioritizing the removal aliens convicted crimes, ICE personnel should
refer the following new offense levels defined the Secure Communities Program, with
Level and Level offenders receiving principal attention. These new Secure Communities
levels are given rank order and shall replace the existing Secure Communities levels
offenses.2
Level offenders: aliens convicted aggravated felonies, defined 101(a)(43) the Immigration and Nationality Act,3 two more crimes each punishable more
than one year, commonly referred felonies;
Level offenders: aliens convicted any felony three more crimes each punishable less than one year, commonly referred misdemeanors; and
Level offenders: aliens convicted crimes punishable less than one year.
Priority Recent illegal entrants order maintain control the border and ports entry, and avoid return the prior
practice commonly and historically referred catch and release, the removal aliens who
have recently violated immigration controls the border, ports entry, through the
knowing abuse the visa and visa waiver programs shall priority.
Priority Aliens who are fugitives otherwise obstruct immigration controls order ensure the integrity the removal and immigration adjudication processes, the
removal aliens who are subject final order removal and abscond, fail depart,
intentionally obstruct immigration controls, shall priority. These aliens include:
fugitive aliens, descending priority follows:5
This provision not intended read broadly, and officers, agents, and attorneys should rely this provision
only when serious and articulable public safety issues exist. The new levels should used immediately for purposes enforcement operations. DRO will work with Secure
Communities and the Office the Chief Information Officer revise the related computer coding October
2010. the definition aggravated felony includes serious, violent offenses and less serious, non-violent offenses,
agents, officers, and attorneys should focus particular attention the most serious the aggravated felonies when
prioritizing among level one offenses.
Some misdemeanors are relatively minor and not warrant the same degree focus others. ICE agents and
officers should exercise particular discretion when dealing with minor traffic offenses such driving without
license. Some fugitives may fall into both this priority and priority
2015-ICF0-0238323 201
Civil Immigration Enforcement Priorities for the Apprehension, Detention, and Removal
Aliens fugitive aliens who pose danger national security; fugitives aliens convicted violent crimes who otherwise pose threat the
community; fugitive aliens with criminal convictions other than violent crime; fugitive aliens who have not been convicted crime;
aliens who reenter the country illegally after removal, descending priority follows: previously removed aliens who pose danger national security; previously removed aliens convicted violent crimes who otherwise pose
threat the community; previously removed aliens with criminal convictions other than violent crime; previously removed aliens who have not been convicted crime; and
aliens who obtain admission status visa, identification, immigration benefit
fraud.
The guidance the National Fugitive Operations Program: Priorities, Goals and Expectations,
issued December 2009, remains effect and shall continue apply for all purposes,
including how Fugitive Operation Teams allocate resources among fugitive aliens, previously
removed aliens, and criminal aliens. Apprehension, detention, and removal other aliens unlawfully the United States
Nothing this memorandum should construed prohibit discourage the apprehension,
detention, removal other aliens unlawfully the United States. ICE special agents,
officers, and attorneys may pursue the removal any alien unlawfully the United States,
although attention these aliens should not displace disrupt the resources needed remove
aliens who are higher priority. Resources should committed primarily advancing the
priorities set forth above order best protect national security and public safety and secure
the border. Detention general rule, ICE detention resources should used support the enforcement priorities
noted above for aliens subject mandatory detention law. Absent extraordinary
circumstances the requirements mandatory detention, field office directors should not
expend detention resources aliens who are known suffering from serious physical
mental illness who are disabled, elderly, pregnant, nursing, demonstrate that they are
primary caretakers children infirm person, whose detention otherwise not the
public interest. detain aliens those categories who are not subject mandatory detention,
ICE officers special agents must obtain approval from the field office director. alien falls
ICE officers and special agents should proceed cautiously when encountering aliens who may have engaged
fraud attempt enter but present themselves without delay the authorities and indicate fear persecution torture. See Convention relating the Status Refugees, art. 31, opened for signature July 28, 1951, U.S.T.
6259, 189 U.N.T.S. 137. such instances, officers and agents should contact their local Office the Chief
Counsel.
2015-ICF0-0238324 201
Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal
Aliens
within the above categories and subject mandatory detention, field office directors are
encouraged contact their local Office Chief Counsel for guidance. Prosecutorial discretion
The rapidly increasing number criminal aliens who may come ICEs attention heightens the
need for ICE employees exercise sound judgment and discretion consistent with these
priorities when conducting enforcement operations, making detention decisions, making
decisions about release supervision pursuant the Alternatives Detention Program, and
litigating cases. Particular care should given when dealing with lawful permanent residents,
juveniles, and the immediate family members U.S. citizens. Additional guidance
prosecutorial discretion forthcoming. the meantime, ICE officers and attorneys should
continue guided the November 17, 2000 prosecutorial discretion memorandum from
then-INS Commissioner Doris Meissner; the October 24, 2005 Memorandum from Principal
(b)(6) (b)(7)(C) Legal Advisor{
land the November 2007 Memorandum from then Assistant
(ix6) (bX7XG) Secretary{ Implementation
ICE personnel shall follow the priorities set forth this memorandum immediately. Further,
ICE programs shall develop appropriate measures and methods for recording and evaluating their
effectiveness implementing the priorities. this may require updates data tracking
systems and methods, ICE will ensure that reporting capabilities for these priorities allow for
such reporting soon practicable, but not later than October 2010. Private Right Statement7
These guidelines and priorities are not intended to, not, and may not relied upon create any right benefit, substantive procedural, enforceable law any party any administrative, civil,
criminal matter.
This statement was added ICE Policy 10072.1, Civil Immigration Enforcement: Priorities for the
Apprehension, Detention, and Removal Aliens February 7,2011. The policy contained this memorandum
has not been altered changed.
2015-ICF0-0238325 201
U.S. Chi/unship
and rilinigral ion
)12117111171
Month style
18-Month Extension and Re-designation Haiti for Temporary Protected Status
Filing Instructions for Haitian Nationals Requesting TPS
Introduction
Secretary Homeland Security Janet Napolitano has re-designated Haiti for Temporary Protected Status
(TPS) and extended the countrys current TPS designation for months through Jan. 22, 2013.
Secretary Napolitano first designated Haiti for TPS January 2010 after major earthquakes devastated
the country. Following consultations with other federal agencies, Secretary Napolitano has determined
that current conditions Haiti support extending the designation period for current TPS beneficiaries and
re-designating Haiti for TPS. The re-designation re-establishes the date which applicants must prove
that they have continuously resided the United States. Applicants must have continuously resided the
United States since Jan. 12, 2011.
The TPS re-designation Haiti allows eligible Haitians (and persons without nationality who last
habitually resided Haiti) who not currently have TPS, have pending TPS application, and who
have continuously resided the United States since Jan. 12, 2011, start applying immediately.
Applicants can file for TPS during 1SO-day registration period that begins [date FRN published] and
ends 1180-days after ERN publ. date. The extension will also allow Haitians who currently have TPS
re-register from May 23, 2011, until Aug. 22, 2011, following publication Federal Register notice
May outlining re-registration procedures. Haitians who already have TPS must not file before May 23,
2011, for re-registration their application will rejected.
Applicants for TPS under the Haiti designation may refer the following information general
instructions how file the TPS application. USC1S strongly encourages Haitian nationals review
the Federal Register notice published DATE and follow instructions how file initial
application for TPS.
Background
TPS immigration status granted under the Immigration and Nationality Act (INA) eligible
nationals country designated for TPS (or persons without nationality who last habitually resided
the designated country). During the TPS designation period, TPS beneficiaries may remain the United
States and obtain work authorization documentation, long they continue meet the terms and
conditions their TPS status. TPS beneficiaries may also granted travel authorization, matter
discretion.
TPS temporary benefit that does not lead lawful permanent resident status give any other
immigration status. Registration for TPS does not prevent you from:
Applying for nonimmigrant status;
Filing for adjustment status based immigrant petition;
Applying for any other immigration benefit protection for which you may eligible.
2015-ICF0-0238326 201 addition, application for TPS does not affect application for asylum any other immigration
benefit and vice versa. Denial application for asylum any other immigration benefit does not
affect your ability register for TPS, although the grounds denial that application may also lead
denial TPS.
General Eligibility Requirements qualify for TPS under the Haiti re-designation, you must:
Timely file your initial TPS application packet during the 180-day registration period that runs
from [Insert FRN date] through [Insert 180 days after FRN]; national Haiti, person without nationality who last habitually resided Haiti; U.S. law defines national person owing permanent allegiance state. USCIS
accepts the definition Haitian national stated Haitis constitution. you have
questions about the definition Haitian national, please consult legal advison
Have continuously resided the United States since Jan. 12, 2011; continuously physically present the United States since July 23, 2011, the effective date
the re-designation Haiti described the Federal Register notice. USCIS will make the final
determination TPS eligibility after July 23, 2011, for applications under the re-designation, but
employment authorization documentation will issued during the registration period advance that date initial applicants who care found prima facie eligible for TPS accordance with
C.F.R. 244.5(b) (see below for description prima facie eligibility);
Meet certain immigrant admissibility requirements;
Meet other TPS eligibility requirements specified section 244 the INA and implementing
regulations C.F.R. Part 244; and
Satisfactorily complete all TPS application procedures described the Federal Register notice
announcing Haitian TPS, the TPS application instructions (Form 1-821), and appropriate
regulations.
Individuals may NOT eligible for TPS they have been:
Convicted any felony two more misdemeanors committed the United States;
Found inadmissible immigrant under applicable grounds INA section 212(a), including
non-waivable criminal and security-related grounds;
Subject several other mandatory bars asylum. These include, but are not limited to,
participating the persecution another individual engaging inciting terrorist activity.
The Application Process for TPS
Once you file your initial application, your case will through several processing steps. important understand what these steps are you can monitor the progress along the way and know when and
how ask for help.
When you file your TPS application with the USCIS Lockbox facility, the Lockbox
facility will review your application for completeness and for the proper fees properly
documented fee waiver request. your case meets the basic acceptance criteria, your application
will received into our system, and you will receive receipt notice. you not receive your
receipt notice within three weeks filing, you can call Customer Service 1-800-375-5283
request assistance. your application rejected the initial Lockbox stage, you may re-file
within the registration period after correcting the problems described the USCIS notification.
Intake:
2015-ICF0-0238327 201 there emergency need for you travel abroad for humanitarian reasons, you may request
expedited processing your advance parole application (Form 1-131) after intake and after you
have appeared Application Support Center (ASC) for your biometrics appointment. Please
note the travel warnings further below. ASC Scheduling Appointment and Biometrics Collection: After your initial application has been
accepted, you may scheduled for appointment ASC for your biometrics collected stated your receipt notice. Every TPS applicant age and older must have ten-print
fingerprints taken. All initial applicants who wish have FAD must the ASC have
photograph, signature and press print collected, unless USCIS determines, its discretion, that
the press print signature can waived. Biometrics are required for identity verification,
background checks and the production FAD, one has been requested. you cannot make your scheduled appointment, you may reschedule. reschedule ASC
appointment, make copy your appointment notice retain for your records, then mail the
original notice with your rescheduling request the ASC address listed the notice. You
should submit your request for rescheduling soon you know you have unavoidable
conflict your scheduled ASC date. new appointment notice will sent you mail.
Please note that rescheduling biometrics appointment may cause the adjudication your
applications delayed. you fail appear for your ASC appointment without rescheduling, you repeatedly miss
scheduled ASC appointments, your TPS application could denied for abandonment.
Adjudication: USCIS will review your case initially determine whether you are eligible for
EAD, you have requested one, prior final decision your TPS application. eligible, you
will receive FAD after you have appeared for your biometrics appointment ASC. USCIS making every effort avoid backlogs this stage that would hinder meeting this goal, but
urge you remember that USCIS may experience higher volume applications the first few
months the registration period.
During the registration period, PAD designated C-19 will issued applicant who
applies before July 23, 2011, one requested, provided that the applicant demonstrates that she prima facie eligible for TPS. See C.F.R. 244.5(b). prima facie eligible, must
appear USCIS that you are eligible for TPS the face your application and that there
known, potentially disqualifying information resulting from your background checks. Final
determination initial TPS applications filed under the re-designation will made after July
23, 2011, USCIS can determine whether the applicants have met the continuous physical
presence requirement have been presenting the United States since that date. This requirement separate from that applicants demonstrate have continuously resided the United
States since Jan. 12, 2011.
After this initial review your TPS application, USCIS will complete final adjudication your
request for TPS. During this phase, may ask you for additional documents establish your
eligibility for TPS, you receive request for evidence (RFE) notice intent deny,
extremely important that you respond immediately avoid processing delays and possible denial
for failure timely respond. USCIS will notify you that has granted denied your request for
TPS upon completion your case. one the grounds inadmissibility that may waived
applies you. USCIS will give you opportunity submit Application for Waiver
Grounds Inadmissibility, Form 1-601. Please submit this form within the time frame specified the USCIS notice, your case will denied. (If you are aware the time you apply for TPS
2015-ICF0-0238328 201
that waivable ground inadmissibility applies you, please include Form I-601, with fee
fee waiver request, with your TPS application package.)
When File for TPS Initial Registration Re-registration
You filed TPS application Jan. 18, 2011, after
Jan. 18, 2011, with fee(s)
following denial your
previous fee waiver request.
You filed TPS application Jan. IS, 2011, after
Jan. 18, 2011, with fee(s)
following denial your
previous fee waiver request.
You filed TPS application Jan. 18, 2011, after
Jan, 18, 2011 with fee(s)
following denial your
previous fee waiver request.
You have never filed TPS
application
And...
Your application was
approved [Insert date
FRN publication]
Then...
You must re-register during the
re-registration period, starting
May 23, 2011, and ending Aug.
22, 2011. //filed befere May 23,
2011, your application will
rejected
Your application still
pending [Insert date
FRN publication]
You not need file new
Form 1-821. Please refer table
below determine you need file new Form 1-765.
Your application was denied
before [FRN date], and you
believe you are eligible for
TPS under the re-designation.
You may file another TPS
application packet (Form 1-821
and Form 1-765) starting [insert
date FRN, 2011, and ending
180-days after FRN date].
You believe you may
eligible for TPS under the redesignation
You may file TPS application
packet (Form 1-821 and Form I765) starting date ERN] and
ending [180 days after FRN
date].
EAD Information for TPS Applications Still Pending [Insert FRN publ. datel
You requested
EAD during the
original
registration period
for Haiti TPS
And...
You received EAD with
Category Al2
You requested
FAD during the
original
registration period
for Haiti TPS
You did not
receive
FAD with
Category C19 Al2
You did not
request FAD
during the original
registration period
You wish
have FAD
valid through
Jan. 22, 2013
Then..,
You must file new
Form 1-765 with fee (or
fee waiver request)
during the re-registration
period that opens May 23,
2011, you wish have new FAD valid through
Jan. 22, 2013.
You not need file
new Form 1-765. your
TPS application
approved, your Form I765 will approved
through Jan. 22, 2013.
You must file new
Form 1-765 with fee (or
fee waiver request)
during the re-registration
2015-ICF0-0238329 201
But If...
Your Form 1-821 denied
before the re-registration
period opens May 23, 2011,
then NOT file new
Form 1-765. you file new
Form 1-765, will denied
due the denial your
Form 1-821.
Your Form I-821 denied
before the re-registration
period opens May 23,
2011, then NOT file
for Haiti TPS
You did not
request EAD
during the original
registration period
period that opens May 23,
2011.
You not
wish have
EAD valid
through Jan.
22, 2013
new Form 1-765. you file
new Form T-765, will
denied due the denial
your Form 1-821.
You not need tile
new Form 1-765.
Forms and Cost
Eon
The forms used register and re-register for TPS are:
1-821. Application for Temporary Protected Status
1-765. Application for Employment Authorization
These forms are free and available the forms section the USCIS Website: www.uscis calling the toll-free USCIS Forms Hotline, 1-800-870-3676.
Cost fir Registering fOr TPS for the First Time
Applicant Age 1-821 Fee Biometrics Fee
$50
$50
$50
$50
$85
$85
66+
66+
$50
$50
$85
$85
Requesting EAD
1-765 Fee
Yes
(You still must tile the 1-765)
Yes
$380
(You still must tile the 1-765)
Yes
(You still must file the 1-765)
/forms
Total
$50
$50
$515
$135
$135
$135
Cost fbr TPS Rea egMtrants you are re-registering, there fee required submit Form 1-821. biometric services fee $85
required you are years age older. You must include the fee $380 for the Application for
Employment Authorization (Form I-765) you wish receive EAD, regardless age. you are not
seeking EAD, you must still submit Form 1-765 without fee. Please note you are re-registering for
Haiti TPS, you must not file until May 23, 2011, following publication the Federal Register notice
instructing you file.
Fee Wafters you cannot afford the costs associated with filing, please make sure include fee waiver request.
USCIS encourages you use the Request for Fee Waiver Form (Form 1-912), but you may also submit
properly documented written request without using the form. Failure submit the required application
and biometric fees, properly documented fee waiver request, will result the rejection the reregistration application. For information fee waivers, visit the Fee Waiver Guidance Web page
www.uscis.cov.
2015-ICF0-0238330 201
Evidentiary Requirements
There are many different types documents you can submit help demonstrate that you are Haitian
national, such as: copy your Haitian passport; copy your Haitian identification card; copy your Haitian naturalization documentation;
Nationality documentation issued Haitian Embassy Consulate the United States, copy your birth certificate;
Your baptismal certificate indicates your Haitian nationality parents Haitian nationality.
You may also submit copies your school medical records they have information supporting your
claim Haitian nationality. you not have the documents listed above, you may provide other
documentation that proves you are Haitian national. You may also provide affidavits from friends
family members who have close personal knowledge the date and place your birth and your parents
nationality. The person making the affidavit should include information about how she knows you related you, and how she knows the details the date and place your birth and the
nationality your parents. Remember that birth Haiti alone does not necessarily mean you are
Haitian national. least one parent must have been Haitian national the time your birth, you
must have been naturalized Haiti. you were born Haitian parent some country other than Haiti,
you may also Haitian national, but you must still provide sufficient evidence support your
nationality. USCIS does not find that the documents you submit with your application sufficiently
demonstrate that you are Haitian (or that you have nationality but last resided Haiti before corning
the United States), then USCIS will send you Request for Additional Evidence your nationality (or
your claim have last lived Haiti without nationality).
Any document that not English must accompanied complete word-for-word English
translation. The person translating the document must certify that she competent both English
and the foreign language used the document that being translated. she must also certify that the
translation true and correct the best his her ability, knowledge and belief.
Where File Your Application Package
You must register for TPS filing Application for Temporary Protected Status, Form 1-821, and
Application for Employment Authorization, Form 1-765, with any appropriate fees fee waiver requests,
and supporting documentation. you live in...
Regular Mail
Express Mail Courier Deliveries
The state Florida
USCIS
P.O. Box 4464
Chicago, 60680-4464
For
USCIS
Attn: Haiti TPS South Dearborn, 3rd Floor
Chicago, 60603-5520
The state New York
USCIS
P.O. Box 660167
Dallas, 75266-0167
USCIS
Attn: Haiti TPS
All other states
USCIS
P.O. Box 24047
Phoenix, 85074-4047
2501 State Hwy. 121
Business, Suite 400
Lewisville, 75067
USCIS
Attn: Haiti TPS
1820 Skyharbor Circle
Suite 100, Phoenix, 85034
2015-ICF0-0238331 201
These forms are free and available the forms section the USCIS Website, www.uscis.gov/forms, calling the toll-free USCTS Forms Hotline, 1-800-870-3676.
Change Address your address changes after you file your application, you must complete and submit Form AR-11,
Change Address, mail electronically. The mailing address is:
U.S. Citizenship and Immigration Services
Attn: Change Address
1344 Pleasimts Drive
Harrisonburg, 22801
Form AR-I can also filed electronically following the directions the USCIS Web site
www uscis facilitate processing your address change your TPS application, you may call the
USCIS National Customer Service Center 1-800-375-5283 (TTY 1-800-767-1833) request that your
address updated your application. Please note that calling the USCIS National Customer Service
Center does not relieve you your burden properly tile Form AR-11 with USCIS.
Travel you are granted TPS and you need travel abroad temporarily, you must obtain approval from USCIS
before you travel you wish re-enter the United States with TPS status. Approval not mandatory,
but rather within USC1Ss discretion grant. obtain travel authorization, you must file Application
for Travel Document, Form 1-131, with the appropriate fee. The fee cannot waived. Please follow the
filing instructions for Form I-131. you need travel while your TPS application still pending with USCIS, you may also receive
approval travel matter USCISs discretion. However, your TPS application denied while
you are out the United States, you may not able re-enter you have other immigration status.
Please see additional warnings below.
Travel Warning: you have been unlawfully present the United States and then you leave, even
approved advance parole document, you may become inadmissible for three years, depending
how long you were unlawfully present before you left. addition, you may become ineligible for certain
other immigration benefits the future that you may seek, such permanent resident status.
adjudication your TPS application has not been completed, you may also risk missing important
USCIS notices, such REFs, and your application may denied while you are out the country.
encourage you read and understand the travel warning Form 1-131 before you ask for advance
parole, regardless whether you have been granted TPS. Before requesting advance parole for travel,
you may also want seek legal advice you have been unlawfully present the United States for any
period time.
TPS Granted Immigration Judge the Board Immigration Appeals Immigration Judge (IJ) the Board Immigration Appeals (BIA) granted you TPS, you must
provide USCIS with proof the TPS grant (such final order from the final decision from the
13TA) when you file for your first TPS benefit (such FAD travel authorization). You should also
submit copy the 1-821 TPS application that the the BIA approved. you are applying for EAD, you must File Form T-765 with required fee(s) fee waiver request. You
must also submit cover sheet that states NOT REJECT TPS GRANTED 1J/BIA. File your
2015-ICF0-0238332 201
Form 1-765 the appropriate filing location based your TPS country. you previously applied for
TPS with USCIS and were denied, please make sure explain that the BIA granted you TPS based the 1-821 that USCTS previously denied, make sure explain your cover sheet that you were
granted tie novo review. (Note: tie novo review when the immigration judge adjudicates your TPS
request anew, your request had not previously been adjudicated.) you are applying for travel authorization, you must file Form 1-131 with required fee. File your Form I131 the appropriate filing location based the state where you live.
After following the instructions above, will send you receipt notice (Form 1-797). When you get the
receipt notice, you must immediately send email the Service Center that will adjudicate your
application. your receipt notice starts with the letters LIN, e-mail the Nebraska Service Center
TPSijgrant.nsc@dhs.gov. your receipt notice starts with the letters WAC, e-mail the California Service Center
TPSijgrant.csc@dhs.gov.
Your email must include:
Your name;
Your date birth;
Your A-number; and
The date the BIA finally granted you TPS (Note: final, your order granting TPS
must not subject further appeal, your BIA decision granting TPS must not subject
further review.)
Only individuals that were granted TPS the BIA who are requesting BAD travel
authorization will receive responses from the above email addresses. These email addresses are not for
individual case status inquires.
Appealing Denial USCIS denies your application, you will informed the denial notice whether you have days
appeal the USCIS Administrative Appeals Office (AAO) pursuant the TPS regulations C.F.R.
Part 244. sonic cases, such when TPS denied certain mandatory criminal security grounds,
you may not have AA0 appeal rights, although you can request immigration judge review your TPS
request you are removal proceedings (see below). See C.F.R. 244.10; 244.18. You may also
choose file Motion Reconsider with the Service Center that adjudicated your TPS application.
You may file your motion appeal the AA0 submitting Notice Appeal Motion, Form I290B. The fee for filing Form I-290B $630, however you may request fee waiver you are unable pay. your TPS application denied the USCIS Service Center, recommend that you consult
with accredited legal representative determine whether you should pursue appeal motion.
you have been placed removal proceedings, you may request that the immigration judge adjudicate
your TPS application, and will receive review the judge. immigration judge denies
your request for TPS, you may file appeal with the Board Immigration Appeals (BIA).
Need Help Filing TPS Application?
Please aware that some unauthorized practitioners may try take advantage you claiming they
can file TPS forms. These same individuals may ask that you pay them file such forms. want
ensure that all potential TPS applicants know how obtain legitimate, accurate legal advice and
2015-ICF0-0238333 201
assistance. list accredited representatives and free low-cost legal providers available the
USCIS website the finding legal advice Web page.
Additional Information
USCIS strongly encourages TPS-eligible Haitian nationals review the Federal Register notice
published DATE and follow instructions how register. learn more about TPS, please USCIS Web sites TPS web page www.uscis.gov. For further
questions, please contact the USCIS National Customer Service Center 1-800-375-5283 1-800-7671 S,3 (TTY).
2015-ICF0-0238334 201
EXTENSION AND RE-DESIGNATION TEMPORARY PROTECTED STATUS
(TPS) FOR HAITI
Statement the extended aftermath the devastating earthquakes Haiti Jan. 12, 2010, the
Department Homeland Security (DHS) has remained fully committed upholding our
responsibility assist individuals affected this tragedy using tools available under the law.
Three days after the disaster, Secretary Napolitano announced the designation Temporary
Protected Status (TPS) for Haitian nationals who were the United States Jan. 12, 2010.
Currently, more than 47,500 Haitian nationals with TPS reside our country. part DEIS ongoing efforts assist Haiti, Secretary Napolitano extending TPS for Haiti
TPS beneficiaries for months allow these TPS beneficiaries remain the United States
through Jan. 22, 2013. addition, Secretary Napolitano re-designating Haiti for Temporary Protected Status
(TPS) meaning that Haitian nationals who have continuously resided the United States since
January 12, 2011, will also eligible for TPS through January 22, 2013. Under the original
designation, TPS applicants needed show that they had continuously resided the United
States since Jan. 12, 2010, but the re-designation now permits eligible individuals who arrived one year after the earthquake Haiti receive the protection TPS. Many these
individuals were authorized enter the United States immediately after the earthquake
temporary visas, humanitarian parole and other measures.
Both the extension and re-designation are effective July 23, 2011. individual who arrived
the United States after Jan. 12, 2011, will eligible for TPS. person who has been convicted felony two misdemeanors the United States, subject one the criminal
security-related bars admissibility under immigration law, not eligible for TPS.
Individuals who attempt enter the United States illegally will not granted TPS and will
repatriated. Since the earthquake 2010, the U.S. Coast Guard has been intercepting and
returning Haitians who have attempted enter sea the United States illegally; U.S.
Customs and Border Protection has been removing inadmissible Haitians who have arrived
U.S. ports entry; and since January 2011 U.S. Immigration and Customs and Enforcement
has removed Haitians who have been convicted criminal offense and have been issued
final order removal.
Providing temporary refuge for Haitian nationals who are cunently the United States and
whose personal safety would endangered returning Haiti part the Obama
administrations continuing efforts support laitis recovery.
Haitians the United States who are eligible apply for TPS should www.uscis.srovitps call the toll-free USCIS Forms Hotline 1-800-870-3676.
2015-ICF0-0238335 201
Key Messages
Extension and Re-Designation Temporary Protected Status (TPS) for Haitians the the extended aftermath the devastating earthquakes Haiti Jan. 12, 2010, DHS
has remained fully committed upholding our responsibility assist individuals
affected this tragedy using tools available under the law.
Today, Secretary Homeland Security Janet Napolitano extended TPS for Haitian
nationals months allow Haitians who have already been granted TPS reregister and remain the United States through January 22, 2013. addition, Secretary Napolitano re-designated Haiti for TPS meaning that Haitian
nationals who have continuously resided the United States since Jan. 12, 2011, may
also eligible for TPS through Jan. 22, 2013.
Under the prior designation, TPS applicants needed show that they had continuously
resided the United States since Jan. 12, 2010. The re-designation now permits eligible
individuals who arrived one year after the earthquake Haiti receive the
protection TPS. Many these individuals were authorized enter the United States
immediately after the earthquake temporary visas, humanitarian parole and other
measures.
Both the extension and re-designation are effective July 23, 2011. individual who
arrived the United States after Jan. 12, 2011, will eligible for TPS. person who
has been convicted felony two misdemeanors the United States, subject
one the criminal terrorism-related bars admissibility under the immigration laws, not eligible for TPS.
TPS re-designation has been employed several times recent years, including for
Liberia (President Clinton); Sudan (President Clinton and President Bush), and Somalia
(President Bush).
Individuals who attempt enter the United States from Haiti illegally will not granted
TPS and will repatriated. Since the earthquake, the U.S. Coast Guard has been
intercepting and returning Haitians who have attempted travel sea the United
States; U.S. Customs and Border Protection has been removing inadmissible Haitians
who have arrived U.S. ports entry; and U.S. Immigration and Customs and
Enforcement has removed Haitians who have been convicted criminal offense and
have been issued final order removal.
Providing temporary refuge for Haitian nationals who are currently the United States
and whose personal safety would endangered returning Haiti part the
Obama administrations continuing efforts support Haitis recovery.
2015-ICF0-0238336 201 addition granting TPS, U.S. Citizenship and Immigration Services (USCIS) has also
made some temporary measures available nationals Haiti they relates change extension nonimmigrant status, advance parole, employment authorization for F-1
students, processing immigrant petitions for children U.S. citizens and lawful
permanent residents, among others. part these efforts, USCIS has granted more
than percent all fee waiver requests for Haitians seeking these and other
immigration benefits. continue consider any application for discretionary benefits case-by-case basis.
Revised Repatriation Protocol
Haitians who are interdicted sea will repatriated directly Cap-Haitien, where
temporary accommodations will provided recovery efforts continue.
Haitians who not have lawful permission enter the U.S. and who reach U.S. soil
following Jan. 12, 2011, will repatriated directly Cap-Haitien unless they express
fear returning Haiti and DHS determines that they have credible fear
persecution torture. Cap-Haitien, temporary accommodations will provided
those Haitians who are repatriated recovery efforts continue.
Haitians who are currently living the Bahamas who are interdicted sea before they
reach U.S. soil will returned back the Bahamas pursuant current protocol with the
Bahamas. appropriate, credible fear procedures will also followed.
The preferred repatriation processes for Haitians who reach U.S. soil voluntary return
expedited removal taking into account potential asylum claims. DHS will interview Haitians who
are interdicted U.S. authorities and who express fear returning Haiti determine
whether they have credible fear persecution torture.
Capacity
Cap-Haitien can accommodate 1,000 individuals the short term with additional
accommodations available needed.
Questions Answers
Ql. Why did the United States extend and re-designate Haiti for TPS? For how long will effect?
The United States remains concerned about the welfare Haitians following the
devastating January 12, 2010, earthquake Haiti..
Therefore, [date FRN publication] Haitians currently the United States who
have continuously resided the United States since Jan. 12, 2011, may apply for TPS
immediately, and found eligible, they will permitted stay the United States for months through January 22, 2013
Haitians who received TPS under the previous designation may send their application
remain the United States for the same period Jan. 22, 2013.
2015-ICF0-0238337 201
Q2. What TPS?
TPS, signed into law 1990, affords temporary immigration protection nationals
foreign countries who cannot return home safely due ongoing armed conflict,
environmental disaster, other extraordinary and temporary conditions that prevent
nationals that state from returning home safety.
The DHS and the Department State continuously monitor country conditions they
relate the statutory requirements TPS, and the departments consult regular
basis.
Q2. Can Haitians who are Haiti now come the United States and receive TPS?
No. TPS available for eligible Haitians who were already the United States Jan.
12, 2011 Haitians who have not resided continuously the United States since that
date those who attempt enter the United States now the future will not
eligible for TPS.
Q3. Who exactly eligible for TPS Haiti under the re-designation? qualify, you must: national Haiti, person without nationality who last habitually resided
Haiti;
Have continuously resided the United States since Jan. 12, 2011; continuously physically present the United States since July 23, 2011, the
effective date the re-designation Haiti;
Meet certain immigrant admissibility requirements, and other TPS eligibility
requirements (See INA 244(c), U.S.C. 1254a and C.F.R. 244.2-244.4.); and
satisfactorily complete all TPS application procedures.
Q4. What will the USG with individual Haitian migrants who may interdicted
sea?
Haitians who attempt embark dangerous sea voyage the United States now
the future will not eligible for TPS they will intercepted and will not allowed
entry the United States, unless they express and are determined have credible fear persecution torture they return Haiti. Those who not meet the credible fear
criteria and who attempt such voyage and are interdicted sea will returned CapHaitien, where temporary accommodations will provided recovery efforts continue.
QS. What about interdicted Haitians with refugee claims?
DHS will interview Haitians who are interdicted U.S. authorities and who express
fear returning Haiti determine whether they have credible fear persecution
torture.
Q6. How Haitians who are currently the United States register for TPS?
Only Haitians currently the United States can register for TPS filing both
Application for Temporary Protected Status (Form 1-821) and Application for
Employment Authorization (Form 1-765) with the appropriate fees fee waiver requests.
(Both these forms are necessary for data collection purposes, even the applicant
2015-ICF0-0238338 201
not seeking employment authorization). These forms are available www.uscis,gov calling the toll-free USCIS Forms Hotline 1-800-870-3676.
Q7. Can TPS used basis for obtaining permanent resident status?
No. TPS temporary benefit that does not lead lawful permanent resident status
any other immigration status.
Background
DHS estimates that approximately 10,000 more individuals may become eligible for TPS
under the re-designation Haiti due the Secretarys re-establishment the
continuous residence date Jan. 12, 2011.
2015-ICF0-0238339 201
U.S. (711i/cm:hip
and Immigration
Sen ices
office of( ommunic lion
Month. style
18-Month Extension and Re-designation Haiti for Temporary Protected Status
Registration Now Open Haitians Who Have Continuously Resided the United Slates Since Jan. 12, 2011
WASHINGTON US. Citizenship and Immigration Services (USCIS) announced today that Secretary Homeland Security Janet Napolitano has re-designated Haiti for Temporary Protected Status (TPS) and
extended the countrys current TPS designation for months through Jan. 22, 2013.
USCIS strongly encourages Haitian nationals review the Federal Register notice published DATE and follow instructions how file initial application for TPS. Individuals who not have TPS
pending TPS application may begin filing immediately and must file later than Insert date 180 days
from FRN publication. Individuals who already have Haiti TPS must wait file for re-registration until
Fedeml Register notice describing the re-registration procedure published.
Secretary Napolitano first designated Haiti for TPS January 2010 after major earthquakes devastated
the country. Following consultations with other federal agencies, Secretary Napolitano has determined
that current conditions Haiti support extending the designation period for current TPS beneficiaries and
re-designating Haiti for TPS order re-establish the continuous residence date [Jan. 12, 20111.
Under the designation 2010. TPS applicants needed show that they had continuously resided the
United States since Jan. 12, 2010, but the re-designation now permits eligible individuals who arrived one year after the earthquake Haiti receive the protection TPS. Many these individuals were
authorized enter the United States immediately after the earthquake temporary visas, humanitarian
parole and other measures.
The Haiti TPS application procedures described the Federal Register notice cover the following three
groups:
Individuals filing for the first time: The re-designation Haiti allows additional Haitians (and
persons without nationality who last habitually resided Haiti) who have continuously resided the
United States since [Jan. 12, 2011] obtain TPS, provided they meet all other Haiti TPS eligibility
criteria. Individuals who not currently have TPS may apply from [Date FRN publ.] through
1180-days from FRN publ.] Additional registration instructions are available www.uscis.gov/tps
the Haiti TPS Web page.
Individuals with pending TPS applications: Individuals who applied for TPS under the initial
designation announcement January 2010 and whose applications are still pending [date
FRN] will not need file new Application for Temporary Protected Status (Form 1-821). Their
pending applications will considered initial filings under this re-registration. Individuals with
pending TPS application who need extend request Employment Authorization Document
(FAD) must file new Application for Employment Authorization (Form 1-765) starting May 23,
2011. Please visit www.uscis.gov/tps for additional information.
Individuals re-registering for TN: Individuals who have already been granted TPS for Haiti must
re-register starting May 23, 2011, and ending Aug. 22, 2011, once the Federal Register notice with
re-registration instructions published. TPS beneficiaries are encouraged file for re-registration
soon this time period opens May 23, 2011, expedite processing.
2015-ICF0-0238340 201
All individuals registering for the first time re-registering for TPS must file Application for
Temporary Protected Status (Form 1-821) and Application for Employment Authorization (Form I765), with any required fees fee waiver request. Failure submit the required application and
biometric fees properly documented fee waiver request will result the rejection the TPS
application package. For TPS and EAD fee requirements, please see the Federal Register notice the
accompanying Fact Sheet. Fees for re-registering TPS beneficiaries will also described the notice
and information published May. For information fee waivers, visit USCISs Fee Waiver
Guidance web page.
Further details the extension and re-designation ITS for Haiti, including information regarding the
application requirements and procedures, are available www.uscis.cov/tps the Haiti Web page and the Federal Register notice published [date]. TPS forms are free and available online calling the
toll-free USCIS Forms line 800-870-3676. Applicants may also get more information contacting
USCISs National Customer Service Center toll-free 800-375-5283.
For more information USCIS and its programs, please visit www.uscis.(Tov follow Twitter
(@uscis) YouTube (/uscis) and the USCIS blog lie Beacon.
USCIS
2015-ICF0-0238341 201
DHS: Secretary Napolitano Announces the Extension Temporary Protected Status for ... Page
Homeland
Security
Secretary Napolitano Announces the Extension Temporary Protected Status for Haiti
Beneficiaries
Release Date. May 17. 2011
For Immediate Release
Office the Press Secretary
Contact 202-282-8010
WASHINGTON Secretary Homeland Security Janet Napolion today announced the extension Temporary
Protected Status (TPS) for Haiti beneficiaries. This extension will effective July 2011 and for additional
months. will allow these TPS beneficiaries remain the United States through Jan. 22, 2013- The designation
IPS for eligible Haitian nationals who had continuously resided the United States since Jan. 12, 2010 was
announced Secretary Napolitano Jan. 15, 2010 and became effective Jan. 21,2010. Currently, approximately
48,000 Haitian nationals with TPS reside the United States. the extended aftermath the devastating earthquakes Haiti, the United States has remained fully committed
upholding our responsibility assist individuals affected this tragedy using tools available under the law, said
Secretary Napolitano. Providing temporary refuge for Haitian nationals who are currently the United States and
whose personal safety would endangered returning Haiti part this administrations continuing efforts
support Haitis recovery.
Secretary Napolitantis action will extend IPS for eligible Haitian beneficiaries for months allow these TPS
beneficiaries remain the United States through Jan. 22, 2013. addition, Secretary Napolitano re-designating Haiti TPS meaning that eligible Haitian nationals who have
continuously resided the United States since Jan. 12, 2011, will also able obtain TPS through Jan. 22. 2013.
Under the original designation, TPS applicants needed show that they had continuously resided the United States
since Jan. 12, 2010, but the re-designation now permits eligible individuals who arrived one year after the
earthquake Haiti receive the protection TPS. Many these individuals were authorized enter the United States
immediately after the earthquake temporary visas, humanitarian parole and through other immigration measures.
this re-designation IPS applies only those Haitians who have continuously resided the United States since Jan.
12, 2011. Haitians who are not currently the United States will not qualify for IPS under this new IPS announcement
and should not attempt enter the United States illegally try take advantage this benefit. Both the extension and
re-designation are effective July 23, 2011. individual who arrived the United States after Jan. 12. 2011 will
eligible for TPS. person who has been convicted felony two more misdemeanors the United States, subject one
the criminal, security-related bars admissibility under immigration law, not eligible for TPS. addition,
applicant cannot obtain TPS she subject one the mandatory bars asylum, such committing
particularly serious crime that makes the person danger the U.S. community persecuting others.
Haitians who attempt enter the United States now the future will not granted IFS. DHS has been repatriating
Haitians seeking illegally enter the United States since the earthquake 2010. The U.S. Coast Guard has been
intercepting Haitians sea and returning Haitians who have attempted enter the United States illegally and who not
meet U.S. protection screening criteria; U.S. Customs and Border Protection has been removing inadmissible Haitians
who have arrived U.S. ports entry consistent with U.S. policy; and since January 2011 U.S. Immigration and
Customs and Enforcement (ICE) has removed certain Haitians who have been convicted certain criminal offenses (or
who pose threat U.S. national security) and have been issued final order