[Congressional Record Volume 153, Number 9 (Wednesday, January 17, 2007)]
[Extensions of Remarks]
[Pages E126-E127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTRODUCTION OF THE HAITIAN PROTECTION ACT OF 2007

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                      Wednesday, January 17, 2007

  Mr. HASTINGS of Florida. Madam Speaker, I rise today to introduce the 
Haitian Protection Act of 2007.
  This important piece of legislation would designate Haitian nationals 
as eligible for Temporary Protected Status (TPS),
  The creation of TPS was intended to serve as the statutory embodiment 
of safe haven for those who are fleeing--or reluctant to return to--a 
potentially dangerous situation in their country of origin.
  According to section 244A of the Immigration and Nationality Act of 
1990, TPS may be granted when: there is ongoing armed conflict posing a 
serious threat to personal safety; it is requested by a foreign state 
that temporarily cannot handle the return of nationals due to 
environmental disaster; or extraordinary and temporary conditions in a 
foreign state exist which prevent aliens from returning.

[[Page E127]]

  Haiti meets all three of these requirements for designation; and yet, 
not once have Haitian nationals qualified for TPS.
  Madam Speaker, there are currently nine countries that are protected 
under the TPS provision: Nicaragua, Honduras, El Salvador, Burundi, 
Somalia, Sudan, and Liberia. Within the past year, all nine countries 
have obtained status renewal for an additional twelve months because it 
has been determined by the Department of Homeland Security that the 
country in question is unable to handle the return of its nationals due 
to varying circumstances.
  Last year, during the 109th Congress, I wrote to the Department of 
Homeland Security (DHS) regarding the unfair treatment of Haitian 
nationals by current U.S. Immigration policies.
  In response to my letter, DHS stated that before they could make a 
decision to grant TPS to Haiti, they had to determine whether there was 
``(1) an ongoing armed conflict within the foreign state posing a 
serious threat to the personal safety of the country's nationals if 
returned there; (2) an environmental disaster, such as an earthquake, 
flood, drought, or epidemic in the state; or (3) extraordinary and 
temporary conditions in the foreign state that prevent nationals from 
returning safely.''
  After assessing the aforementioned factors as they apply to Haiti, 
DHS has taken the following stance: ``Decisions on these requests will 
be made on a case-by-case basis based on the specific circumstances 
involved when requested.''
  Madam Speaker, Haiti's recent political, civil, and governmental 
crises, as well as the extraordinary and temporary conditions caused by 
several natural disasters, easily make Haitian nationals currently in 
the United States eligible for TPS.
  Any major storm that hits Florida almost always crashes through Haiti 
first, taking lives and leaving cities already impoverished from the 
previous year's storms, further devastated.
  Throughout Haiti, vast deforestation leaves the country extremely 
vulnerable to mudslides from heavy rains. It is now 2007 and Haiti 
still remains severely devastated by the aftermath of Tropical Storm 
Jeanne, Hurricane Ivan, and serious floods throughout the region that 
occurred in 2004. The loss of life in Haiti is all but too common, and 
unfortunately overlooked, when natural disasters whip through the 
region.
  The death toll that resulted from the combination of these natural 
disasters reached over 7,500. In addition, an estimated 250,000 people 
were left homeless across the country and at least 4,000 homes were 
destroyed, with thousands more damaged as a result of the storm.
  The Haitian government's ability to provide basic governmental 
services--clean water, education, passable roads and basic healthcare--
is still severely compromised by these natural disasters. Repatriating 
Haitians at this time imposes an additional burden on government 
resources that are already stretched too thin.
  Concerning stability and overall safety, Haiti is still in dire need 
of an adequate policing force to maintain order and halt the escalation 
in kidnappings that are plaguing the nation.
  As of January 2007, the Department of State continues to advise 
Americans that current conditions in Haiti make it unsafe to travel due 
to the potential for looting, the possibility of random violent crime, 
and the serious threat of kidnapping for ransom. The warning goes on to 
state that more than 50 American citizens, including children, have 
been kidnapped over the past year.
  Madam Speaker, if it is unsafe for our citizens to travel to Haiti, 
then those same conditions should make it much too dangerous and 
inappropriate to forcibly repatriate Haitians at this time. It is 
unfortunate and appalling that our current immigration policies hold 
such harmful double standards.
  I want to make it very clear that I acknowledge and heartily 
congratulate Haiti's shift toward recovery, as seen by the successful 
democratic elections held throughout 2006.
  However, President Preval's nascent democratic government still faces 
immense challenges in regards to rebuilding Haiti's police and judicial 
institutions to achieve the fair and prompt tackling of the ongoing 
political and criminal violence.
  Most recently there has been a sharp increase in common crime, 
especially kidnappings which continue to plague the capital and other 
cities and regions.
  The absence of security and failure of police and the judicial system 
to function effectively only makes matters worse.
  In addition to safety and human rights considerations, halting the 
deportation of Haitians is also an economic matter.
  Under the law, TPS beneficiaries are eligible to obtain work 
authorization permits. The ability for Haitian Nationals to legally 
work in the United States put them in a position to contribute to their 
country's reform and development until such time it is safe for their 
return to Haiti.
  Madam Speaker, the Haitian Diaspora has always played a pivotal role 
in assisting Haiti. It is widely known that Haitians residing in the 
United States often work three jobs to send money back to Haiti each 
month. Many Haitians in the United States often send remittances to 
support family members, and others travel home to lend their expertise 
toward rebuilding and humanitarian efforts.
  Designating Haiti under TPS status would preserve and increase 
remittances--over a billion dollars a year--from the Haitian Diaspora 
to relatives and communities in Haiti that are key for welfare, 
survival, and recovery.
  Haiti is more dependent than any other country on remittances--nearly 
a billion dollars a year--sent home by Haitians in the United States. 
Remittances to Haiti far exceed foreign aid.
  Many Haitian Nationals in the United States who previously sustained 
relatives in Haiti through remittances, are being deported, further 
depriving Haiti of an important source of financial aid that is well-
positioned to assist when based here in the United States.
  Madam Speaker, by refusing to give Haiti the TPS designation, our 
inequitable immigration policies continue to send a clear message:
  The safety of Haitian lives is not a priority compared to a Honduran, 
Liberian or Sudanese life.
  We must act to change this perception. Our immigration policies have 
to change; they must reflect fairness and treat Haitians equally to 
Nicaraguans, Hondurans, and Salvadorans whose deportations are 
suspended and who are allowed to work and support their families back 
home.
  Madam Speaker, Haiti is making great strides to recover and rebuild. 
We cannot reward their efforts by kicking this country, and its people, 
down when they are doing everything possible to bring their country out 
of chaos and destruction.
  The election of President Preval in February 2006, and the election 
shortly thereafter of a national legislature which promptly confirmed 
his cabinet nominees, along with the broad internal and international 
support which this new democratic government enjoys, makes it 
imperative that the United States seize every current opportunity to 
assist that government to succeed.
  Many in Haiti, as well as the Haitian Diaspora worldwide, need us to 
reach beyond what has been done before and demand for more.
  The Haitian Protection Act of 2007 is necessary to achieve 
fundamental fairness in our treatment of Haitian immigrants and remedy 
the accurate and widespread perception that U.S. policy has 
discriminated against them.
  Madam Speaker, we cannot miss this opportunity to help Haiti 
stabilize its economy, rebuild its political and economic institutions, 
and provide a future of hope for Haiti's people.
  I ask my colleagues to support this legislation and urge the House 
Leadership to bring it swiftly to the House floor for consideration.

                          ____________________