[Congressional Record (Bound Edition), Volume 155 (2009), Part 1]
[Extensions of Remarks]
[Pages 211-212]
[From the U.S. Government Publishing Office, www.gpo.gov]




               INTRODUCING HAITIAN PROTECTION ACT OF 2009

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. HASTINGS of Florida. Madam Speaker, I rise today to introduce the 
Haitian Protection Act of 2009. 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 244(A) 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.
  Haiti has continued to meet all three of these requirements, and yet, 
not once have Haitian nationals been granted TPS.
  Last year, I, along with several of my colleagues, wrote on several 
occasions to the Department of Homeland Security (DHS) and the 
President of the United States urging them to grant Haiti TPS.
  Sadly, just today, the Miami Herald reported that Homeland Security 
Secretary Michael Chertoff recently wrote to Haitian President Rene 
Preval formally denying his request for TPS. In his letter, Secretary 
Chertoff stated that ``After very careful consideration, I have 
concluded that Haiti does not currently warrant a TPS designation.''
  Madam Speaker, this response came as an utter shock. This past 
summer, only a few months after deadly food riots led to the removal of 
the country's Prime Minister, Haiti was ravaged by four back-to-back 
natural disasters. Thousands lost their homes, many were left starving 
and isolated from humanitarian assistance, nearly 800 lives were taken, 
and as of last month, over 300 people remain missing.
  Though recovery efforts have slowly commenced, much of Haiti remains 
in a state of

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destruction. Up to 40,000 people are in shelters, and severe 
malnutrition concerns have arisen throughout rural areas.
  How dire must the situation in Haiti become before the United States 
is willing to extend this helping hand to Haiti as it has done for 
other nations under similar circumstances?
  The Haitian government's ability to provide basic governmental 
services--clean water, education, passable roads and basic healthcare--
remains severely compromised by these natural disasters. Repatriating 
Haitians at this time imposes an additional burden on government 
resources that are already stretched too thin and poses a serious 
danger to deportees' personal safety.
  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 April 2008, the Department of State's current travel warning 
advises 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.
  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 efforts toward recovery and to a stable democratic 
government. However, President Preval's nascent democratic government 
still faces immense challenges with regards to rebuilding Haiti's 
police and judicial institutions to achieve the fair and prompt 
tackling of the ongoing political and criminal violence.
  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 puts them in a position to contribute to 
their country's recovery and development until such time when it is 
safe for them to 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--totaling approximately a third of Haiti's GDP--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 with 
nearly a billion dollars a year sent home by Haitians in the United 
States. In fact, remittances to Haiti far exceed foreign aid.
  Now, 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, there are currently six countries that are protected 
under the TPS provision: Nicaragua, Honduras, El Salvador, Burundi, 
Somalia, and Sudan. By refusing to give Haiti the TPS designation, our 
inequitable immigration policies continue to send the message that the 
safety of Haitian lives is not a priority compared to that of 
Salvadoran, Honduran, or Sudanese lives.
  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.
  The Haitian Protection Act of 2009 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 deny Haiti this opportunity to help 
stabilize its economy, recover from devastating natural disasters, 
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.

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