It didn't take long for relief efforts to begin after an earthquake nearly destroyed Haiti in early 2010. Countries around the globe answered the calls for help. In the US, citizens set records for money donations; US businesses sent food and medicine; and the federal government sent military and humanitarian aid.

The US government didn't limit its relief efforts to those still in Haiti, however. Haitians in the US at the time of the earthquake got some welcomed relief, too.

Temporary Relief

Shortly after the devastation in Haiti, the US Department of Homeland Security (DHS) announced that Haitians who were in the US as of January 12, 2010 - the day of the earthquake - would be given Temporary Protected Status (TPS) .

There's an estimated 30,000 Haitians in the US without legal immigration status (meaning they're here illegally, or "illegal immigrants"). With TPS, however, they won't be deported or returned to Haiti.

Instead, they can stay in the US legally for up to 18 months. During that time, they may apply for work permits and permission to travel. That means they may be able to go to Haiti to visit their families and return to the US without fear of being denied re-entry.

To get TPS, Haitian nationals in the US must contact the US Citizenship and Immigration Services (USCIS) and:

  • Complete an application
  • Pay a $50 fee
  • Be fingerprinted by the USCIS

Any Haitian national in the US with a criminal record will not be granted TPS. However, Haitians currently being held or detained by the USCIS pending deportation actions will be released and permitted to apply (so long as they don't have criminal records).

DHS was quick to warn Haitians not to flee to the US in the hopes of getting TPS here. Any Haitian national who enters the US illegally after January 12th will be detained and returned to Haiti.

Reactions

Reactions among US lawmakers and politicians to TPS are split. Some praise the move as needed and welcomed humanitarian relief. Haiti's infrastructure is in shambles and the Haitian government can barely tend to the needs of the citizens in the country right now. To send thousands of Haitians back home would only make matters worse there.

Others warn that it may set an unwelcome precedent for immigration amnesty - rewarding immigrants who entered the US illegally.

Some criticize the move because of the very nature of TPS. There's a good chance the DHS will extend TPS to give the Haitian government time to rebuild the country and financial condition. In the meantime, say the critics, Haitian nationals are given access to public resources and services during one of the worst economies in US history.

One thing's for certain. Thousands of Haitian nationals are breathing a sigh of relief knowing that at least for a short while, there's no threat of being sent back to their devastated homeland.

Questions For Your Attorney

  • Can I apply for citizenship while I have temporary protected status?
  • Are there any time limits on how long I can be outside the US while I have temporary protected status?
  • Is my TPS automatically renewed if the DHS decides to extend the original 18-month period?