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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
What is Temporary Protected Status TPS?
TPS is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the INA, or to eligible individuals without nationality who last habitually resided in the designated foreign state.
During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain EADs so long as they continue to meet the requirements of TPS.
TPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion.
The granting of TPS does not result in or lead to lawful permanent resident status.
To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244c12, 8 U.S.C.
1254ac12.
When the Secretary terminates a foreign states TPS designation, beneficiaries return to one of the following:
The same immigration status or category that they maintained before TPS, if any unless that status or category has since expired or terminated; or Any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid beyond the date TPS terminates.

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Is Haitis previous designation for TPS
still in effect?
On January 21, 2010, former Secretary of Homeland Security Janet Napolitano designated Haiti for TPS under INA
section 244b1C based on extraordinary and temporary conditions within the country, specifically the effects of the 7.0-magnitude earthquake that occurred on January 12, 2010.3 In minimum of 180 days, DHS has determined that it will provide the full 18 months of this designation for applicants to file their initial registration Form I821 and, if desired, Form I765 to obtain employment authorization documentation. Limiting the initial registration period to 180 days may place a burden on applicants who are unable to timely file but would otherwise be eligible for a grant of TPS. In addition, permitting registration throughout the entirety of the designation period could reduce the operational burden on USCIS, as incoming applications may be spread out over a longer period of time. This extended registration period is both in keeping with the humanitarian purpose of TPS
and will better advance the goal of ensuring the Federal Government eliminates . . . barriers that prevent immigrants from accessing government services available to them. See Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, 86 FR 8277
Feb. 5, 2021.
3 See Designation of Haiti for Temporary Protected Status, 75 FR 3476 Jan. 21, 2010.

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2011, Haitis designation was extended, and Haiti was also redesignated for TPS
at the same time, expanding the number of Haitians in the United States eligible for TPS.4 Haitis designation was subsequently extended 5 several additional times before the termination was announced on January 18, 2018.6
The termination of Haitis TPS
designation is being challenged in several separate lawsuits, and court injunctions currently require DHS to continue TPS temporarily for Haiti pending further court order.7 There are approximately 55,000 beneficiaries under the TPS designation for Haiti that the courts have continued and whose TPS-related documentation is automatically extended at least through October 4, 2021, in compliance with the court orders, unless a beneficiarys TPS
is withdrawn for individual ineligibility.8 Beneficiaries under the TPS designation for Haiti that continues under the Ramos and Saget preliminary injunctions who maintain individual eligibility for TPS will maintain their status as long as the injunctions in these lawsuits remain in effect and in accordance with the compliance notice that DHS published on December 9, 2020, unless superseded by future court orders or compliance notices.9 The continuation of the 2011 designation of 4 See Extension and Redesignation of Haiti for Temporary Protected Status, 76 FR 29000 May 19, 2011, 5 See Extension of the Designation of Haiti for Temporary Protected Status, 77 FR 59943 Oct. 1, 2012, Extension of the Designation of Haiti for Temporary Protected Status, 79 FR 11808 March 3, 2014; Extension of the Designation of Haiti for Temporary Protected Status, 80 FR 51582 Aug 25, 2015; Extension of the Designation of Haiti for Temporary Protected Status, 82 FR 23830 May 24, 2017.
6 See Termination of the Designation of Haiti for Temporary Protected Status, 83 FR 2648 January 18, 2018.
7 See Ramos v. Wolf, 975 F.3d 872 9th Cir. 2020, petition for en banc rehearing filed Nov. 30, 2020
No. 1816981district courts preliminary injunction against termination of four countries TPS, including TPS for Haiti remains in effect pending 9th Circuit consideration of plaintiffs request for en banc rehearing of appellate panel decision to vacate the district court injunction;
Saget v. Trump, No. 1:18cv1599 E.D.N.Y.
preliminary injunction against termination of Haitis TPS, appeal filed, No. 191685 2d Cir.;
NAACP v. DHS, No. 18cv00239 D. Md.; and Centro Presente v. Trump, No. 18cv10340 D.
Mass.
8 TPS-related documentation includes certain Employment Authorization Documents EADs;
Notices of Action Forms I797; and Arrival/
Departure Records Forms I94 as described in Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, 85 FR 79208, Dec. 9, 2020. If necessary, DHS will publish subsequent notices to ensure its continued compliance with court orders that may remain in effect beyond October 4, 2021.
9 Id.

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Haiti required by the preliminary injunctions is not a statutory extension of the designation determined by the Secretary as described in section 244b3C of the INA. Individuals with existing TPS who are covered by those injunctions should newly apply for TPS under this designation. This will help ensure that eligible individuals maintain TPS under this new designation of Haiti even if the injunctions cease to be in effect. An estimated additional 100,000 nationals of Haiti and individuals having no nationality who last habitually resided in Haiti, regardless of their country of birth, will become eligible for TPS
under this new designation, for an estimated total of 155,000 individuals who could potentially apply or re-apply for TPS under the new TPS designation.
Why was Haiti newly designated for TPS?
DHS and the Department of State DOS have reviewed conditions in Haiti. Based on this review and after consulting with DOS, the Secretary has determined that an 18-month designation is warranted because of extraordinary and temporary conditions described below.
Overview Haiti is grappling with a deteriorating political crisis, violence, and a staggering increase in human rights abuses.10 Within this context, as noted by the United Nations Childrens Fund UNICEF, Haiti faces the challenges of rising food insecurity and malnutrition, . . . waterborne disease epidemics, and high vulnerability to natural hazards, all of which have been further exacerbated by the coronavirus disease 2019 COVID19 pandemic. 11
Context Haiti is a constitutional republic with a multiparty political system. The most recent national legislative elections were held in November 2016. Jovenel Mose was elected as president for a 5-year term and took office in February 2017. Due to political gridlock and the failure of parliament to approve an elections law and a national budget, 10 See e.g., Charles, Jacqueline, Haitian Journalists Injured as Nation Plunges Deeper into Turmoil Amid Constitutional Crisis, Miami Herald, Feb. 10, 2021, https
www.miamiherald.com/news/nation-world/world/
americas/haiti/article249163765.html and A Cycle of Instability: Haitis Constitutional Crisis, CSIS, Feb. 8, 2021, https www.csis.org/analysis/cycleinstability-haitis-constitutional-crisis.
11 Humanitarian Action for Children: Haiti, United Nations Childrens Fund UNICEF, 2021, https www.unicef.org/media/87006/file/2021HAC-Haiti.pdf.

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