[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2592 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2592

To designate Haiti under section 244 of the Immigration and Nationality 
   Act in order to render nationals of Haiti eligible for temporary 
                  protected status under such section.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2005

   Mr. Hastings of Florida (for himself, Mr. Serrano, Mr. Lynch, Mr. 
  Conyers, Mr. Rangel, Mr. Wexler, Ms. Corrine Brown of Florida, Mr. 
 Delahunt, and Ms. Moore of Wisconsin) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To designate Haiti under section 244 of the Immigration and Nationality 
   Act in order to render nationals of Haiti eligible for temporary 
                  protected status under such section.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haiti Compassion Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Haiti remains severely devastated by the combined 
        effects of ongoing political turmoil and the aftermath of the 
        natural disasters of 2004, such as Tropical Storm Jeanne and 
        Hurricane Ivan.
            (2) In Haiti, more than 2,500 people died as a result of 
        Tropical Storm Jeanne in 2004.
            (3) The civil protection agency of Haiti stated that 
        250,000 people were homeless across the country and at least 
        4,000 homes were destroyed, with thousands more damaged, as a 
        result of the storm.
            (4) When Tropical Storm Jeanne hit, Haiti was already 
        struggling to deal with political instability and the aftermath 
        of serious floods that occurred in May 2004.
            (5) More than a year after the abrupt departure of former 
        President Aristide, the political, security, and social-
        economic situation in Haiti remains in crisis, the transitional 
        government is weak and fighting to maintain credibility, and 
        there are no clear signs of either political reconciliation or 
        economic reconstruction.
            (6) On Wednesday March 9, 2005, the United Nations Security 
        Council pressed Haiti's government to crack down on human 
        rights abuses and free political prisoners to help heal the 
        country ahead of November elections.
            (7) Political oppression and human rights violations are 
        rife in Haiti while many supporters of the opposition are 
        unjustly held in prison or experiencing persecution.
            (8) On March 11, 2005, the Department of State issued a 
        travel warning to United States citizens warning them of the 
        ``absence of an effective police force in much of Haiti; the 
        potential for looting; the presence of intermittent roadblocks 
        set by armed gangs or by the police; and the possibility of 
        random violent crime, including kidnapping, carjacking, and 
        assault.''
            (9) The Department of State's Consular Information Sheet 
        states ``there are no `safe areas' in Haiti.'' As a result, 
        ``United States citizens should avoid travel to Haiti at this 
        time.''
            (10) While current United States policy is to advise its 
        own citizens not to travel to Haiti, it is unjust to return 
        Haitian nationals to this type of dangerous situation.
            (11) To return a national back to Haiti, where there is 
        ongoing violence and a devastating environmental situation, 
        would pose a serious threat to the personal safety of such 
        individual.
            (12) The political, civil, and governmental crisis and 
        extraordinary and temporary conditions caused by nature and 
        resulting in floods, epidemics, and other environmental 
        disasters in Haiti should make Haitian nationals eligible for 
        temporary protected status.
            (13) There is a history of discrimination and mistreatment 
        of Haitians in the immigration process.
            (14) Temporary protected status allows aliens who do not 
        legally qualify as refugees but are nonetheless fleeing or 
        reluctant to return to potentially dangerous situations to 
        temporarily remain in the United States.
            (15) Granting temporary protected status to nationals of 
        Haiti is consistent with the interest of the United States and 
        promotes the values and morals that have made the United States 
        strong.

SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS 
              TO HAITIANS.

    (a) Designation.--
            (1) In general.--For purposes of section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall 
        be treated as if such country had been designated under 
        subsection (b) of that section, subject to the provisions of 
        this section.
            (2) Period of designation.--The initial period of such 
        designation shall begin on the date of enactment of this Act 
        and shall remain in effect for 18 months.
    (b) Aliens Eligible.--In applying section 244 of the Immigration 
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made 
under this section, and subject to subsection (c)(3) of such section, 
an alien who is a national of Haiti is deemed to meet the requirements 
of subsection (c)(1) of such section only if the alien--
            (1) is admissible as an immigrant, except as otherwise 
        provided under subsection (c)(2)(A) of such section, and is not 
        ineligible for temporary protected status under subsection 
        (c)(2)(B) of such section; and
            (2) registers for temporary protected status in a manner 
        that the Secretary of Homeland Security shall establish.
    (c) Consent to Travel Abroad.--The Secretary of Homeland Security 
shall give the prior consent to travel abroad described in section 
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)) 
to an alien who is granted temporary protected status pursuant to the 
designation made under this section, if the alien establishes to the 
satisfaction of the Secretary of Homeland Security that emergency and 
extenuating circumstances beyond the control of the alien require the 
alien to depart for a brief, temporary trip abroad. An alien returning 
to the United States in accordance with such an authorization shall be 
treated the same as any other returning alien provided temporary 
protected status under section 244 of the Immigration and Nationality 
Act (8 U.S.C. 1254a).
                                 <all>