[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54484-54496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14247]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2772-24; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70


Extension and Redesignation of Haiti for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice of Temporary Protected Status (TPS) extension and 
redesignation.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Haiti for Temporary Protected Status (TPS) 
and redesignating Haiti for TPS for 18 months, beginning on August 4, 
2024, and ending on February 3, 2026. This extension and redesignation 
allows Haitian nationals (and individuals having no nationality who 
last habitually resided in Haiti) who have been continuously residing 
in the United States since June 3, 2024, and who have been continuously 
physically present in the United States since August 4, 2024, to apply 
or re-register for TPS.

DATES: Extension and Redesignation of Designation of Haiti for TPS 
begins on August 4, 2024, and will remain in effect for 18 months. For 
registration instructions, see the Registration Information section 
below.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Ren[aacute] Cutlip-Mason, Chief, 
Humanitarian Affairs Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by 
phone at 240-721-3000.
     For more information on TPS, including guidance on the 
registration process and additional information on eligibility, please 
visit the USCIS TPS web page at https://www.uscis.gov/tps.

[[Page 54485]]

You can find specific information about Haiti's TPS designation by 
selecting ``Haiti'' from the menu on the left side of the TPS web page.
     If you have additional questions about TPS, please visit 
https://uscis.gov/tools. Our online virtual assistant, Emma, can answer 
many of your questions and point you to additional information on our 
website. If you cannot find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at Agenda: or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
     You can also find more information at local USCIS offices 
after this notice is published.

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DoS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
PM--Prime Minister
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Registration Information

    Extension of Designation of Haiti for TPS: The 18-month designation 
of Haiti for TPS begins on August 4, 2024, and will remain in effect 
for 18 months, ending on February 3, 2026. The extension allows 
existing TPS beneficiaries to retain TPS through February 3, 2026, if 
they otherwise continue to meet the eligibility requirements for TPS. 
Existing TPS beneficiaries who wish to extend their status through 
February 3, 2026, must re-register during the 60-day re-registration 
period described in this notice.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from July 1, 2024, through August 30, 2024. (Note: 
It is important for re-registrants to timely re-register during the re-
registration period and not to wait until their Employment 
Authorization Documents (EADs) expire, as delaying re-registration 
could result in gaps in their employment authorization documentation.)
    Redesignation of Haiti for TPS: The 18-month redesignation of Haiti 
for TPS begins on August 4, 2024, and will remain in effect for 18 
months, ending on February 3, 2026. The redesignation allows 
individuals who do not currently have TPS to apply for TPS during the 
initial registration period described under the first-time registration 
information in this notice. In addition to demonstrating continuous 
residence in the United States since June 3, 2024, and meeting other 
eligibility criteria, initial applicants for TPS under this designation 
must demonstrate that they have been continuously physically present in 
the United States since August 4, 2024, the effective date of this 
redesignation of Haiti for TPS.
    First-time Registration: The initial registration period for new 
applicants under the Haiti TPS redesignation begins on July 1, 2024 and 
will remain in effect through February 3, 2026.

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Haiti (or individuals having no nationality who last 
habitually resided in Haiti) to (1) re-register for TPS and apply to 
renew their EAD with USCIS or (2) submit an initial registration 
application under the redesignation and apply for an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under the prior designation of Haiti and whose 
applications have been granted. If you do not re-register properly 
within the 60-day re-registration period, USCIS may withdraw your TPS 
following appropriate procedures. See 8 CFR 244.14.
    For individuals who have already been granted TPS under Haiti's 
designation, the 60-day re-registration period runs from July 1, 2024, 
through August 30, 2024. USCIS will issue new EADs with a February 3, 
2026 expiration date to eligible beneficiaries granted TPS under 
Haiti's designation who timely re-register and apply for EADs. Given 
the time frames involved with processing TPS re-registration 
applications, DHS recognizes that not all re-registrants may receive a 
new EAD before their current EAD expires. Accordingly, through this 
Federal Register notice, DHS automatically extends through August 3, 
2025, the validity of certain EADs previously issued under the TPS 
designation of Haiti. As proof of continued employment authorization 
through August 3, 2025, TPS beneficiaries can show their EAD with the 
notation A-12 or C-19 under Category and a ``Card Expires'' date of 
August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, 
October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, 
January 22, 2018, or July 22, 2017. This notice explains how TPS 
beneficiaries and their employers may determine if an EAD is 
automatically extended and how this affects the Form I-9, Employment 
Eligibility Verification, E-Verify, and USCIS Systematic Alien 
Verification for Entitlements (SAVE) processes.
    Individuals who have an Application for Temporary Protected Status 
(Form I-821) for Haiti or Application for Employment Authorization 
(Form I-765) that was still pending as of July 1, 2024, do not need to 
file either application again. If USCIS approves an individual's 
pending Form I-821, USCIS will grant the individual TPS through 
February 3, 2026. Similarly, if USCIS approves a pending TPS-related 
Form I-765, USCIS will issue the individual a new EAD that will be 
valid through the same date.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from July 1, 2024, through the full length of the 
redesignation period ending February 3, 2026. In addition to 
demonstrating continuous residence in the United States since June 3, 
2024, and meeting other eligibility criteria, initial applicants for 
TPS under this redesignation must demonstrate that they have been 
continuously physically present in the United States since August 4, 
2024,\1\ the effective date of

[[Page 54486]]

this redesignation of Haiti, before USCIS may grant them TPS. DHS 
estimates that approximately 309,000 individuals may become newly 
eligible for TPS under the redesignation of Haiti.
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    \1\ The ``continuous physical presence'' date is the effective 
date of the most recent TPS designation of the country, which is 
either the publication date of the designation announcement in the 
Federal Register or a later date established by the Secretary. The 
``continuous residence'' date is any date established by the 
Secretary when a country is designated (or sometimes redesignated) 
for TPS. See INA sec. 244(b)(2)(A) (effective date of designation); 
244(c)(1)(A)(i-ii) (continuous residence and continuous physical 
presence date requirements); 8 U.S.C. 1254a(b)(2)(A); 
1254a(c)(1)(A)(i-ii).
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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, regardless of their country of birth.
     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 if they continue to meet the requirements of 
TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of DHS discretion.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a foreign state's TPS 
designation, beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, if it is still valid beyond the 
date TPS terminates.

When was Haiti designated for TPS?

    Haiti was initially designated on the basis of extraordinary and 
temporary conditions in Haiti that prevented nationals of Haiti from 
returning in safety.\2\ Following the initial designation, TPS for 
Haiti was extended and redesignated once from July 23, 2011, through 
January 22, 2013, based on extraordinary and temporary conditions.\3\ 
Thereafter, TPS for Haiti was extended four times based on 
extraordinary and temporary conditions: (1) from January 23, 2013, 
through July 22, 2014;\4\ (2) from July 23, 2014, through January 22, 
2016;\5\ (3) from January 23, 2016, through July 22, 2017;\6\ and (4) 
from July 23, 2017, through January 22, 2018.\7\ Subsequently, the 
Secretary announced the termination of the TPS designation of Haiti 
effective July 22, 2019.\8\
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    \2\ See Designation of Haiti for Temporary Protected Status, 75 
FR 3476 (Jan. 21, 2010).
    \3\ See Extension and Redesignation of Haiti for Temporary 
Protected Status, 76 FR 29000 (May 19, 2011).
    \4\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 77 FR 59943 (Oct. 1, 2012).
    \5\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 79 FR 11808 (Mar. 3, 2014).
    \6\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 80 FR 51582 (Aug. 25, 2015).
    \7\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 82 FR 23830 (May 24, 2017).
    \8\ See Termination of the Designation of Haiti for Temporary 
Protected Status, 83 FR 2648 (Jan. 18, 2018).
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    The termination of Haiti's 2011 TPS designation was challenged in 
several lawsuits, and court injunctions required DHS to temporarily 
continue TPS for Haiti pending a final court order.\9\ Secretary 
Mayorkas newly designated Haiti on the basis of extraordinary and 
temporary conditions effective August 3, 2021, through February 3, 
2023.\10\ Thereafter, TPS for Haiti was extended and redesignated 
effective February 4, 2023, and ending on August 3, 2024.\11\
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    \9\ On Dec. 28, 2023, the U.S. District Court for the Northern 
District of California dismissed Ramos v. Nielsen, 18-cv-01554 (N.D. 
Cal. Dec. 28, 2023). Bhattarai v. Nielsen, 19-cv-731 (N.D. Cal. Mar. 
12, 2019) was consolidated with Ramos in August 2023. The court 
agreed with the government position that subsequent TPS designations 
rendered the pending litigation moot.
    \10\ See Designation of Haiti for Temporary Protected Status, 86 
FR 41863 (Aug. 3, 2021).
    \11\ See Extension and Redesignation of Haiti for Temporary 
Protected Status, 88 FR 5022 (Jan. 26, 2023).
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    What authority does the Secretary have to extend the designation of 
Haiti for TPS?
    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government, to designate a foreign state (or part thereof) for TPS if 
the Secretary determines that certain country conditions exist.\12\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA sec. 244(b)(5)(A), 8 U.S.C. 
1254a(b)(5)(A). The Secretary, in their discretion, may then grant TPS 
to eligible nationals of that foreign state (or individuals having no 
nationality who last habitually resided in the designated foreign 
state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \12\ INA section 244(b)(1) ascribes this power to the Attorney 
General. Congress transferred this authority from the Attorney 
General to the Secretary of Homeland Security. See Homeland Security 
Act of 2002, Public Law 107-296, 116 Stat. 2135 (2002). The 
Secretary may designate a country (or part of a country) for TPS on 
the basis of ongoing armed conflict such that returning would pose a 
serious threat to the personal safety of the country's nationals and 
habitual residents, environmental disaster (including an epidemic), 
or extraordinary and temporary conditions in the country that 
prevent the safe return of the country's nationals. For 
environmental disaster-based designations, certain other statutory 
requirements must be met, including that the foreign government must 
request TPS. A designation based on extraordinary and temporary 
conditions cannot be made if the Secretary finds that allowing the 
country's nationals to remain temporarily in the United States is 
contrary to the U.S. national interest. INA sec. 244(b)(1); 8 U.S.C. 
1254a(b)(1).
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    At least 60 days before the expiration of a foreign state's TPS 
designation or extension, the Secretary, after consultation with 
appropriate U.S. Government agencies, must review the conditions in the 
foreign state designated for TPS to determine whether they continue to 
meet the conditions for the TPS designation. See INA sec. 244(b)(3)(A), 
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign 
state continues to meet the conditions for TPS designation, the 
designation will be extended for an additional period of 6 months or, 
in the Secretary's discretion, 12 or 18 months. See INA sec. 
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary 
determines that the foreign state no longer meets the conditions for 
TPS designation, the Secretary must terminate the designation. See INA 
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

What is the Secretary's authority to redesignate Haiti for TPS?

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See INA sec. 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA sec. 244(c)(1)(A)(i), 8 
U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been 
continuously physically present since the effective date of the most 
recent designation of the state'') (emphasis added).\13\
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    \13\ The extension and redesignation of TPS for Haiti is one of 
several instances in which the Secretary and, before the 
establishment of DHS, the Attorney General, have simultaneously 
extended a country's TPS designation and redesignated the country 
for TPS. See, e.g., Extension and Redesignation of Haiti for 
Temporary Protected Status, 76 FR 29000 (May 19, 2011); Extension 
and Re-designation of Temporary Protected Status for Sudan, 69 FR 
60168 (Oct. 7, 2004); Extension of Designation and Redesignation of 
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 
7, 1997).
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    When the Secretary designates or redesignates a country for TPS, 
the Secretary also has the discretion to establish the date from which 
TPS applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See INA sec. 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii). The Secretary has

[[Page 54487]]

determined that the ``continuous residence'' date for applicants for 
TPS under the redesignation of Haiti will be June 3, 2024. Initial 
applicants for TPS under this redesignation must also show they have 
been ``continuously physically present'' in the United States since 
August 4, 2024, which is the effective date of the Secretary's 
redesignation of Haiti. See INA sec. 244(c)(1)(A)(i), 8 U.S.C. 
1254a(c)(1)(A)(i). For each initial TPS application filed under the 
redesignation, USCIS cannot make the final determination of whether the 
applicant has met the ``continuous physical presence'' requirement 
until August 4, 2024, the effective date of this redesignation for 
Haiti.
    USCIS, however, will issue employment authorization documentation, 
as appropriate, during the registration period in accordance with 8 CFR 
244.5(b).

Why is the Secretary extending the TPS designation for Haiti and 
simultaneously redesignating Haiti for TPS through February 3, 2026?

    DHS has reviewed country conditions in Haiti. Based on the review, 
including input received from Department of State (DoS) and other U.S. 
Government agencies, the Secretary has determined that an 18-month TPS 
extension is warranted because the extraordinary and temporary 
conditions supporting Haiti's TPS designation remain. The Secretary has 
further determined that redesignating Haiti for TPS under INA section 
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted and is changing the 
continuous residence and continuous physical presence dates that 
applicants must meet to be eligible for TPS.

Overview

    DHS has conducted a thorough review of country conditions in Haiti. 
Haiti continues to experience simultaneous economic, security, 
political, and health crises. Haitian gangs are the primary source of 
violence and instability in Haiti and pose an increasing threat as they 
continue to escalate and expand their influence and geographic presence 
over large portions of metropolitan Port-au-Prince, Haiti's capital, as 
well as to several of Haiti's ten departments (regional administrative 
divisions).\14\ Since early March 2024, the gangs have also attacked 
the capital's primary airport and major port terminals, and blocked 
roads to access the city.\15\ An ongoing political impasse has left 
Haiti without a functioning democratically elected national government 
and hindered Haiti's ability to respond to the gang-driven violence. 
The political situation has continued to worsen since the July 2021 
assassination of President Jovenel Moise.\16\ At the same time, Haiti 
struggles through a humanitarian crisis, with many citizens having 
limited access to safety, healthcare, food, water, and economic 
opportunity. These circumstances continue to make return to Haiti 
dangerous for Haitian nationals living in the United States.
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    \14\ Edith M. Lederer, Gang violence in Haiti is escalating and 
spreading with a significant increase in killings, UN says, The 
Associated Press, Sept. 27, 2023, available at: https://apnews.com/article/haiti-gang-violence-un-report-killings-5d3f7ff272b7303852869dfc67692a23 (last visited Apr. 29, 2024); 
Haiti: Humanitarian impact of gang violence, ACAPS, June 2, 2023, 
available at: https://reliefweb.int/report/haiti/acaps-briefing-note-haiti-humanitarian-impact-gang-violence-02-june-2023 (last 
visited Apr. 29, 2024).
    \15\ Widlore M[eacute]rancourt and Samantha Schmidt, As gangs 
attack a critical port, `Haiti will go hungry soon', The Washington 
Post, Mar. 7, 2024, available at: https://www.washingtonpost.com/world/2024/03/07/haiti-gangs-port/ (last visited Apr. 29, 2024).
    \16\ Clare Ribando Seelke and Karla I. Rios, Haiti: Recent 
Developments and U.S. Policy, Congressional Research Service (CRS), 
Sept. 18, 2023, available at: https://sgp.fas.org/crs/row/R47394.pdf 
(last visited Apr. 29, 2024).
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Political Situation

    On July 7, 2021, President Jovenel Mo[iuml]se was assassinated in 
his private residence in Port-au-Prince. Subsequently, Ariel Henry, 
whom Mo[iuml]se had appointed prime minister (PM) days before the 
assassination, assumed power as head of a new government.\17\ In the 
wake of the assassination, there were ongoing efforts to create a 
transitional government and eventually hold free and fair elections, 
but talks repeatedly failed, with some opposition groups demanding the 
resignation of PM Henry as a precondition for dialogue.\18\ On December 
21, 2022, representatives of civil society organizations, the private 
sector, and political groups created a political accord called the 
``National consensus for an inclusive transition and transparent 
elections,'' which was supported by PM Henry.\19\ While dialogue to 
define a strategic direction for holding elections continued, 
frustration has grown at the failure to hold elections over the last 
three years.\20\ The last national elections in Haiti were held in 
November 2016. Since then, the terms of 30 senators and 119 members of 
Haiti's lower legislative chamber have expired, leaving Haiti without 
an active national legislative body since January 2023.\21\
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    \17\ Human Rights Watch, World Report 2022--Haiti (Jan. 13, 
2022), https://www.hrw.org/world-report/2022/country-chapters/haiti 
(last visited Apr. 29, 2024).
    \18\ United Nations Integrated Office in Haiti (BINUH)--Report 
of the Secretary-General, UN Security Council, p. 2, Jan. 15, 2024, 
available at: https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh 
(last visited Feb. 26, 2024).
    \19\ Haiti Libre, Haiti--FLASH: The PM signed a historic 
consensus for an inclusive transition, Dec. 22, 2022, https://www.haitilibre.com/en/news-38427-haiti-flash-the-pm-signed-a-historic-consensus-for-an-inclusive-transition.html (last visited 
Apr. 29, 2024).
    \20\ Final report of the Panel of Experts on Haiti, UN Security 
Council, p. 8, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \21\ Becky Sullivan, As its only remaining elected officials 
depart, Haiti reaches a breaking point, National Public Radio (NPR), 
Jan. 18, 2023, available at: https://www.npr.org/2023/01/18/1149556481/haiti-last-elected-official-political-crisis (last 
visited Apr. 29, 2024); see also Camila Domonoske, 14 Months After 
Elections Began, Haiti Finally Has a President-Elect, National 
Public Radio (NPR), Jan. 4, 2017, available at: https://www.npr.org/sections/thetwo-way/2017/01/04/508171191/14-months-after-elections-began-haiti-finally-has-a-president-elect (last visited Apr. 29, 
2024).
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    Beginning in mid-January 2024, significant protests erupted 
throughout Haiti, paralyzing numerous cities.\22\ The protests were 
driven by supporters of Guy Philippe, the leader of a 2004 rebellion 
against former President Jean-Bertrand Aristide in which he 
masterminded multiple attacks on police stations.\23\ Since returning 
to Haiti from the United States, Philippe has spent his time ``shoring 
up support for his so-called revolution.'' \24\ Philippe is believed by 
some to be a destabilizing force in Haiti and the protests have led to 
the closing of schools, government agencies, and private businesses in 
cities throughout Haiti.\25\
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    \22\ Supporters of former Haitian rebel leader Guy Philippe 
launch widespread protests, The Associated Press, Jan. 16, 2024, 
available at: https://apnews.com/article/haiti-protests-guy-philippe-supporters-d0e749d75b96aee0f01395a580a6dec0 (last visited 
Apr. 29, 2024).
    \23\ Id.
    \24\ Frances Robles, An Unlikely New Threat to Haiti's 
Stability: An Armed Environmental Group, The New York Times, Jan. 
25, 2024, available at: https://web.archive.org/web/20240126040146/https://www.nytimes.com/2024/01/25/world/americas/haiti-political-instability-bsap.html (last visited Apr. 29, 2024).
    \25\ Supporters of former Haitian rebel leader Guy Philippe 
launch widespread protests, The Associated Press, Jan. 16, 2024, 
available at: https://apnews.com/article/haiti-protests-guy-philippe-supporters-d0e749d75b96aee0f01395a580a6dec0 (last visited 
Apr. 29, 2024).
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    PM Henry traveled abroad at the beginning of 2024 for international 
engagements. During his travel, a series of coordinated gang attacks 
began against targets in Haiti's capital and beyond, freeing thousands 
of inmates and closing the main international airport.\26\ PM Henry has 
been unable to

[[Page 54488]]

return to Haiti. On March 6, 2024, Jimmy ``Barbecue'' Cherizier, the 
leader of one of Haiti's most powerful gang alliances, the G9, warned 
that unless PM Henry stepped down, there would be civil war in 
Haiti.\27\ In March 2024, Caribbean Community (CARICOM) leaders, with 
agreement from key Haitian stakeholders, announced that PM Henry would 
resign once a transitional presidential council was established and an 
interim leader was selected.\28\ PM Henry resigned in late April 2024, 
the day before the swearing in of a 9-member transitional presidential 
council.\29\ The council is tasked with, among other duties, selecting 
an interim prime minister, setting the agenda of a new Cabinet, 
appointing a provisional electoral commission, and establishing a 
national security council.\30\
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    \26\ D[aacute]nica Coto, Haiti's prime minister is locked out of 
his country and faces pressure to resign, The Associated Press, Mar. 
8, 2024, available at: https://apnews.com/article/haiti-prime-minister-gangs-resign-e583a191a2f800bc63752220a47dec0d (last visited 
Apr. 29, 2024).
    \27\ Haiti's top gang leader warns of ``civil war that will lead 
to genocide'' unless prime minister steps down, CBS News, Mar. 6, 
2024, available at: https://www.cbsnews.com/news/haiti-gang-leader-jimmy-cherizier-warns-civil-war-genocide/ (last visited Apr. 29, 
2024).
    \28\ Widlore M[eacute]rancourt, Samantha Schmidt, and Amanda 
Coletta, Haitian prime minister says he'll resign, clearing way for 
new government, The Washington Post, Mar. 12, 2024, available at: 
https://www.washingtonpost.com/world/2024/03/12/haitian-prime-minister-resign-clearing-way-new-government/ (last visited Apr. 29, 
2024).
    \29\ D[aacute]nica Coto, Ariel Henry resigns as prime minister 
of Haiti, wracked by gang violence, paving the way for new 
government to take power, PBS News Hour, Apr. 25, 2024, available 
at: https://www.pbs.org/newshour/world/ariel-henry-resigns-as-prime-minister-of-haiti-wracked-by-gang-violence-paving-the-way-for-new-government-to-take-power (last visited May 13, 2024); D[aacute]nica 
Coto, Haiti's new transitional council faces urgent demands for 
solutions amid gang violence, PBS News Hour, Apr. 26, 2024, 
available at: https://www.pbs.org/newshour/world/haitis-new-transitional-council-faces-urgent-demands-for-solutions-amid-gang-violence (last visited May 13, 2024).
    \30\ D[aacute]nica Coto, Haiti's new transitional council faces 
urgent demands for solutions amid gang violence, PBS News Hour, Apr. 
26, 2024, available at: https://www.pbs.org/newshour/world/haitis-new-transitional-council-faces-urgent-demands-for-solutions-amid-gang-violence (last visited May 13, 2024).
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    The Haitian government has long been accused of corruption and 
ineptitude. ``Politicians and the business elite in Haiti have 
historically relied on gangs to obtain and exert power, but the [gangs] 
have grown more autonomous in recent years.'' \31\ An April 2021 report 
by Harvard Law School's International Human Rights Clinic alleged that 
the Mo[iuml]se government funneled money, weapons, uniforms, and 
vehicles to gangs like the G9 in exchange for them repressing political 
opponents, often brutally, and maintaining the peace in poorer 
neighborhoods.\32\ A July 2022 International Crisis Group report 
stated, ``[C]ollusion between state security forces and illegal armed 
groups has flourished in the absence of political will to hold corrupt 
officers accountable and because of the efforts of those in power to 
deploy the police (as well as gangs) to serve their personal 
interests.'' \33\
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    \31\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists (last visited 
Apr. 29, 2024).
    \32\ Harvard Law School International Human Rights Clinic, 
Killing with Impunity: State-Sanctioned Massacres in Haiti (April 
2021), http://hrp.law.harvard.edu/wp-content/uploads/2021/04/Killing_With_Impunity-1.pdf (last visited Apr. 29, 2024).
    \33\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists (last visited 
Apr. 29, 2024).
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    Allegations of corruption against members of Haiti's government are 
prevalent and its ``justice system is plagued by insecurity, 
corruption, strikes, and political interference.'' \34\ A judge has 
accused more than 30 high-ranking officials, including former 
presidents and prime ministers, of government corruption and warrants 
have been issued for their arrest.\35\ As of January 2024, none of the 
accused had been arrested.\36\ Haitian government officials accused of 
criminal misconduct commonly ignore arrest warrants and requests for 
questioning.\37\
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    \34\ World Report 2024--Haiti, Human Rights Watch, Jan. 11, 
2024, available at: https://www.ecoi.net/en/document/2103219.html 
(last visited Apr. 29, 2024).
    \35\ Judge in Haiti issues arrest warrants accusing former 
presidents and prime ministers of corruption, The Associated Press, 
Jan. 8, 2024, available at: https://apnews.com/article/haiti-corruption-arrest-warrant-presidents-prime-ministers-1e2c1d0530cbca235e33ada3009acabf (last visited Apr. 29, 2024).
    \36\ Id.
    \37\ Id.
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Security Situation

    Since President Mo[iuml]se's assassination, Haiti has experienced a 
sharp deterioration in an already fragile security situation. Gang 
violence and kidnappings have spiked throughout the country, 
particularly in Port-au-Prince. In the first three months of 2024, gang 
violence killed or injured more than 2,500 people.\38\ The violence 
heavily affects three of Haiti's ten departments, with gangs having an 
established presence in at least six departments.\39\ Gang violence 
continues to escalate and expand outside the capital and other major 
cities including Gona[iuml]ves and Cap-Ha[iuml]tien. The Ouest 
Department, where Port-au-Prince is located, suffers from extreme 
insecurity from armed gang violence against civilians, police, and 
infrastructure alike.\40\ Neighborhoods in Port-au-Prince that were 
previously relatively safe from the gangs have recently seen an 
alarming expansion of gang influence, including in Carrefour-Feuilles, 
Solino, Bon Repos, Mariani, and L[eacute]og[acirc]ne.\41\ A September 
2023 final report from a panel of experts from the United Nations found 
that gangs controlled or influenced over 80 percent of the Port-au-
Prince metropolitan area, while they committed incursions in the 
remaining 20 percent in which they carried out murders, kidnappings, 
robberies, and various other crimes.\42\ In early March 2024, gangs 
attacked police stations and stormed two prisons in and around Port-au-
Prince, allowing more than 4,700 inmates to escape.\43\ Haiti's 
government declared a 72-hour state of emergency.\44\ Following the 
initial attacks, the gangs blocked the roads leading to Port-au-Prince 
and attacked the city's main airport.\45\ On March 6, the gangs 
attacked the primary port terminal, forcing the terminal to close 
indefinitely, threatening Haiti's food supply and cutting off 
deliveries of

[[Page 54489]]

medical supplies.\46\ In response, the Haitian government extended the 
state of emergency until April 3 in Port-au-Prince and Haiti's Ouest 
Department.\47\ Due to the escalating violence in neighborhoods 
surrounding the U.S. Embassy in Haiti and the attack on the airport, 
the U.S. military evacuated all non-essential Embassy personnel by 
airlift on Saturday, March 9, and Sunday, March 10.\48\ The coordinated 
gang attacks that began on February 29 have displaced over 15,000 
people from their homes in Port-au-Prince.\49\
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    \38\ Sarah Morland, Haiti's death toll rises as international 
support lags, UN report says, Reuters, Apr. 19, 2024, available at: 
https://www.reuters.com/world/americas/haitis-death-toll-rises-international-support-lags-un-report-says-2024-04-19/ (last visited 
May 13, 2024).
    \39\ Haiti: Humanitarian impact of gang violence, ACAPS, June 2, 
2023, available at: https://reliefweb.int/report/haiti/acaps-briefing-note-haiti-humanitarian-impact-gang-violence-02-june-2023 
(last visited Apr. 29, 2024).
    \40\ United Nations Integrated Office in Haiti (BINUH)--Report 
of the Secretary-General, UN Security Council, p.3, Jan. 15, 2024, 
available at: https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh 
(last visited Apr. 29, 2024).
    \41\ Id.
    \42\ Final report of the Panel of Experts on Haiti, UN Security 
Council, p.14, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \43\ Gangs in Haiti try to seize control of main airport as 
thousands escape prisons: ``Massacring people indiscriminately,'' 
CBS News, Mar. 5, 2024, available at: https://www.cbsnews.com/news/haiti-gangs-try-to-seize-airport-thousands-inmates-escape-prisons-state-of-emergency/ (last visited Apr. 29, 2024).
    \44\ Henri Astier and Gianluca Avagnina, Haiti violence: Haiti 
gangs demand PM resign after mass jailbreak, BBC, March 4, 2024, 
available at: bbc.com/news/world-latin-america-68462851 (last 
visited Apr. 29, 2024).
    \45\ Widlore M[eacute]rancourt and Samantha Schmidt, As gangs 
attack a critical port, `Haiti will go hungry soon', The Washington 
Post, Mar. 7, 2024, available at: https://www.washingtonpost.com/world/2024/03/07/haiti-gangs-port/ (last visited Apr. 29, 2024).
    \46\ Id.
    \47\ Harold Isaac and Sarah Morland, Haiti healthcare near 
collapse, says UN, as state of emergency extended, Reuters, Mar. 8, 
2024, available at: https://www.reuters.com/world/americas/haiti-extends-state-emergency-pm-absent-2024-03-07/ (last visited Apr. 29, 
2024).
    \48\ Emily Mae Czachor, U.S. military airlifts embassy staff 
from Port-au-Prince amid Haiti's escalating gang violence, CBS News, 
Mar. 11, 2024, available at: https://www.cbsnews.com/news/us-military-airlifts-evacuation-staff-embassy-port-au-prince-haiti-gang-violence/ (last visited Apr. 29, 2024).
    \49\ Evans Sanon and D[aacute]nica Coto, Violence is battering 
Haiti's fragile economy and causing food and water shortages, The 
Associated Press, Mar. 9, 2024, available at: https://apnews.com/article/haiti-violence-gangs-food-economy-092a20f037b48a8e1837a4e6424cf571 (last visited Apr. 29, 2024).
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    There are approximately 200 groups associated with seven major gang 
coalitions across Haiti, and the majority of armed groups operate in 
metropolitan Port-au-Prince.\50\ ``Many of Haiti's gangs have coalesced 
around two main alliances:'' the G9 and the GP[egrave]p.\51\ ``Gangs 
have decapitated opponents in public, burnt corpses on the street, set 
fire to houses and used sexual violence to intimidate residents out of 
collaborating with their rivals.'' \52\ Many of these groups employ 
heavy armaments in their activities, and they frequently use handguns 
and assault weapons.\53\
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    \50\ United Nations Integrated Office in Haiti (BINUH)--Report 
of the Secretary-General, UN Security Council, p.6, Apr. 14, 2023, 
available at: https://binuh.unmissions.org/sites/default/files/sg_report_on_binuh_14_april_2023.pdf (last visited Apr. 29, 2024).
    \51\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists (last visited 
Apr. 29, 2024).
    \52\ Id.
    \53\ United Nations Integrated Office in Haiti (BINUH)--Report 
of the Secretary-General, UN Security Council, p.6, Apr. 14, 2023, 
available at: https://binuh.unmissions.org/sites/default/files/sg_report_on_binuh_14_april_2023.pdf (last visited Apr. 29, 2024).
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    Reported homicides increased significantly in 2023, by 119.4 
percent from 2022, while reported kidnappings also increased 
significantly in 2023, by 83 percent from 2022.\54\ Since the start of 
2024, gangs have launched assaults against entire neighborhoods in 
Port-au-Prince. Automatic gunfire and burning barricades trapped 
residents of the Solino neighborhood in their homes in mid-January 
2024.\55\ The Solino neighborhood, home to many police officers, is 
regarded as a gateway to access other neighborhoods such as 
Canap[eacute] Vert that have remained relatively safe to this 
point.\56\ Similar attacks began in the Gabelliste neighborhood in 
early January 2024.\57\ Armed attacks in the neighborhoods of 
Carrefour, Cit[eacute] Soleil, and Tabarre that began on February 5 
have displaced almost 10,000 people from those areas.\58\
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    \54\ Id. at p.3.
    \55\ Haiti: residents trapped as armed gangs target key pocket 
of Port-au-Prince, The Guardian, Jan. 18, 2024, available at: 
https://www.theguardian.com/world/2024/jan/18/haiti-residents-trapped-port-au-prince-gangs (last visited Apr. 29, 2024).
    \56\ `It's very scary now:' Fear grips Haiti's Port-au-Prince 
amid gang violence, Al Jazeera, Jan. 19, 2024, available at: https://www.aljazeera.com/gallery/2024/1/19/fear-grips-haitis-port-au-prince-amid-gang-violence (last visited Apr. 29, 2024).
    \57\ United Nations--International Organization for Migration, 
Haiti--Emergency Tracking Tool--Dashboard #34, Displacement 
following attacks in Solino and Gabelliste--Municipality of Port-au-
Prince, (Jan. 18, 2024), https://dtm.iom.int/reports/haiti-emergency-tracking-tool-34-displacement-following-attacks-solino-and-gabelliste (last visited Apr. 29, 2024).
    \58\ United Nations--International Organization for Migration, 
Haiti--Emergency Tracking Tool--Dashboard #37.1, Updates on 
displacement following attacks in Carrefour, Cit[eacute] Soleil and 
Tabarre (Feb. 13, 2024), https://dtm.iom.int/reports/haiti-emergency-tracking-tool-371-updates-displacement-following-attacks-carrefour-cite?close=true (last visited Apr. 29, 2024).
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    In response to the gang violence and escalating insecurity plaguing 
much of Haiti, as well as the lack of prosecutions and convictions 
relating to the violence leading to a sense of impunity, a movement 
known as Bwa Kale began in April 2023.\59\ This movement is driven by 
anti-gang vigilantes who have armed themselves with improvised weapons 
and hunted down and killed suspected gang members, often burning their 
bodies in the aftermath.\60\
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    \59\ Final report of the Panel of Experts on Haiti, UN Security 
Council, p. 3, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \60\ Id.; Henry Shuldiner, Haiti's Anti-Gang Vigilantes May Pose 
Future Criminal Threat, InSight Crime, May 9, 2023, available at: 
https://insightcrime.org/news/bwa-kale-vigilante-movement-challenging-haitis-gangs/ (last visited Apr. 29, 2024).
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    Vigilante groups had been active in Haiti prior to April 2023, but 
a rumored large-scale attack to be carried out by gang members in Port-
au-Prince led to a major incident involving vigilantes. Police 
intercepted a mini-bus of suspected gang members carrying weapons in 
the Canap[eacute] Vert neighborhood of Port-au-Prince.\61\ A large 
crowd surrounded the mini-bus, pelting the suspected gang members with 
stones and setting several of them on fire while they were still 
alive.\62\ Thirteen people were killed.\63\ Footage of the attack 
spread widely on social media and inspired additional attacks.\64\ 
Lynchings were reported in Port-au-Prince in the following days.\65\ 
Increasing numbers of people joined vigilante groups to defend 
themselves and their neighborhoods from gang attacks.\66\ In April 2023 
alone, 164 cases of mob killings and lynchings of suspected gang 
members were reported.\67\
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    \61\ Diego Da Rin, Haitians Turn to Mob Justice as the Gang 
Threat Festers, International Crisis Group, Jul. 3, 2023, available 
at: https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justice-gang-threat-festers (last visited Apr. 29, 
2024).
    \62\ Id.
    \63\ Id.
    \64\ Id.
    \65\ Id.
    \66\ Id.
    \67\ Id.
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    Reports suggest collaboration between some vigilante groups and 
Haitian security forces, and that current or former Haitian police 
officers have participated in the vigilante violence.\68\ At times, 
they may have also shared their weapons with the vigilante groups.\69\ 
In response, the gangs have mounted their own movement to retaliate 
against the vigilante groups, called Zam Pale.\70\ The offensive by the 
various vigilante groups lasted only a few months before gangs resumed 
their push into new territory. However, some vigilante groups remain 
active.\71\
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    \68\ Id.
    \69\ Id.
    \70\ Final report of the Panel of Experts on Haiti, UN Security 
Council, p. 17, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \71\ Haiti's Gangs: Can a Foreign Mission Break Their 
Stranglehold?, International Crisis Group, Jan. 5, 2024, available 
at: https://www.crisisgroup.org/latin-america-caribbean/haiti/b49-haitis-gangs-can-foreign-mission-break-their-stranglehold (last 
visited Apr. 29, 2024).
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    Haitian law enforcement has been unable to cope with the level of 
gang violence due to a failure to expand the size of the Haitian 
National Police or sufficiently improve its operational 
capabilities.\72\ The gangs, meanwhile, have expanded their arsenals 
and upgraded their firepower, hindering the

[[Page 54490]]

Haitian National Police's ability to effectively fight them.\73\ 
According to remarks delivered in April 2023 by the UN Special 
Representative of the Secretary-General for Haiti, Mar[iacute]a Isabel 
Salvador, the Haitian National Police are down from 14,772 personnel to 
about 13,200 personnel of whom only approximately 9,000 are police 
officers. However, only 3,500 police officers are on active duty 
throughout the entire country at any one time.\74\ In just the first 
half of 2023, gang members attacked multiple police stations, murdered 
29 police officers, and posted grisly pictures of the deceased on 
social media.\75\
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    \72\ Diego Da Rin, Haitians Turn to Mob Justice as the Gang 
Threat Festers, International Crisis Group, Jul. 3, 2023, available 
at: https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justice-gang-threat-festers (last visited Apr. 29, 
2024).
    \73\ Final report of the Panel of Experts on Haiti, UN Security 
Council, p. 3, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \74\ Mar[iacute]a Isabel Salvador (BINUH) on the question 
concerning Haiti--Security Council, 9311th meeting (Apr. 26, 2023), 
available at: https://webtv.un.org/en/asset/k1d/k1dtg6n2jc (last 
visited Apr. 29, 2024).
    \75\ Diego Da Rin, Haitians Turn to Mob Justice as the Gang 
Threat Festers, International Crisis Group, Jul. 3, 2023, available 
at: https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justice-gang-threat-festers (last visited Apr. 29, 
2024).
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    Haiti's government requested international help in late 2022 to aid 
the Haitian National Police in combatting gang violence.\76\ A 
Multinational Security Support (MSS) mission was authorized by the 
United Nations Security Council in United Nations Security Council 
Resolution 2699.\77\ The mandate for the MSS mission is to provide 
operational support to the Haitian National Police, including through 
capacity building, and to support the Haitian National Police in 
providing security for critical infrastructure.\78\ However, to date, 
the multinational armed force has not deployed to Haiti.\79\
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    \76\ Reuters, Explainer: Why did the UN vote to send an 
international force to Haiti? (Oct. 2, 2023), available at: https://www.reuters.com/world/americas/why-did-un-vote-send-an-international-force-haiti-2023-10-02/ (last visited Apr. 29, 2024).
    \77\ United Nations Security Council, Resolution 2699, Oct. 2, 
2023, available at: https://digitallibrary.un.org/record/4022890?ln=en&v=pdf (last visited Apr. 29, 2024).
    \78\ Ambassador Robert Wood, Remarks at a UN Security Council 
Briefing on Haiti, United States Mission to the United Nations, Apr. 
22, 2024, available at: https://usun.usmission.gov/remarks-at-a-un-
security-council-briefing-on-haiti-11/
#:~:text=This%20mission%20seeks%20to%20build,and%20communities%20to%2
0build%20trust. (last visited Apr. 29, 2024).
    \79\ What's going on with the planned international mission to 
Haiti?, Reuters, Apr. 26, 2024, available at: https://www.reuters.com/world/americas/haitis-prime-minister-called-international-security-support-who-answered-2024-03-05/ (last 
visited Apr. 29, 2024).
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Environmental Situation

    Several recent environmental disasters have contributed to the 
extraordinary and temporary conditions in Haiti. On August 14, 2021, a 
7.2 magnitude earthquake hit the southern region of Haiti, killing more 
than 2,200 people, injuring 12,700 people, destroying 130,000 homes, 
and leaving thousands of people in immediate need of aid.\80\ Only a 
few days later, Tropical Storm Grace resulted in floods and landslides 
in the same departments affected by the earthquake, in addition to Sud-
Est.\81\ Some healthcare facilities have still not been rebuilt since 
the August 2021 earthquake.\82\ Worldwide, ``Haiti remains one of the 
most vulnerable countries'' to natural disasters, predominately 
including hurricanes, floods, and earthquakes.\83\ Over 96 percent of 
Haitians are vulnerable to these disasters.\84\ Widespread 
deforestation has left the country especially prone to flooding and 
mudslides, and Haiti being situated on a geographical fault line makes 
it more susceptible to natural disasters in general as compared to the 
majority of other Caribbean countries.\85\ In 2023, smaller but still 
significant storms and flooding destroyed over 13,000 homes and cut off 
roads between communities.\86\ In June 2023, a 4.4 magnitude earthquake 
and 5.5 magnitude earthquake hit Haiti's west coast only two days apart 
causing the deaths of at least four people while destroying homes, 
blocking roads, and overwhelming healthcare facilities.\87\
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    \80\ UNICEF, Massive earthquake leaves devastation in Haiti 
(last updated Oct. 4, 2021), https://www.unicef.org/emergencies/massivEdite-earthquake-devastation-haiti (last visited Apr. 29, 
2024).
    \81\ FAO, Haiti: Urgent call for funding (September 2021-May 
2022)--Emergency response to households affected by the earthquake 
and Tropical Storm Grace (Sept. 10, 2021), https://reliefweb.int/report/haiti/haiti-urgent-call-funding-september-2021-may-2022-emergency-response-households (last visited Apr. 29, 2024).
    \82\ Luke Taylor, `We have no time to heal': floods followed by 
earthquake heap more trauma on Haiti, The Guardian, available at: 
https://www.theguardian.com/global-development/2023/jul/11/we-have-no-time-to-heal-floods-followed-by-earthquake-heap-more-trauma-on-haiti (last visited Apr. 29, 2024).
    \83\ The World Bank in Haiti, The World Bank, Oct. 26, 2023, 
available at: https://www.worldbank.org/en/country/haiti/overview 
(last visited Apr. 29, 2024).
    \84\ The World Bank in Haiti, The World Bank, Oct. 26, 2023, 
available at: https://www.worldbank.org/en/country/haiti/overview 
(last visited Apr. 29, 2024).
    \85\ Council on Foreign Relations, Haiti's Troubled Path to 
Development (Sept. 17, 2021), https://www.cfr.org/backgrounder/haitis-troubled-path-development (last visited Apr. 29, 2024).
    \86\ Haiti--Severe weather, floods and landslides, European 
Commission's Directorate-General for European Civil Protection and 
Humanitarian Aid Operations, Jun. 6, 2023, available at: https://reliefweb.int/report/haiti/haiti-severe-weather-floods-and-landslides-haiti-civil-protection-noaa-cpc-echo-daily-flash-06-june-2023 (last visited Apr. 29, 2024).
    \87\ Luke Taylor, `We have no time to heal': floods followed by 
earthquake heap more trauma on Haiti, The Guardian, available at: 
https://www.theguardian.com/global-development/2023/jul/11/we-have-no-time-to-heal-floods-followed-by-earthquake-heap-more-trauma-on-haiti (last visited Apr. 29, 2024). UN, Haiti: UN deeply saddened as 
latest earthquake kills three, in wake of floods, available at 
https://news.un.org/en/story/2023/06/1137407 (last visited Apr. 29, 
2024).
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Humanitarian Situation

    Haiti has one of the highest levels of chronic food insecurity in 
the world with more than half of its total population chronically food 
insecure and 22 percent of children chronically malnourished, according 
to the World Food Programme.\88\ As of September 2023, the total number 
of people in acute food insecurity stood at 4.35 million people, 
including 1.4 million people in the ``emergency'' phase on the World 
Food Program's (WFP) Integrated Food Security Classification Index.\89\
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    \88\ Haiti Country Brief, World Food Programme (WFP), Nov. 2023, 
available at: https://docs.wfp.org/api/documents/WFP-0000155417/download/?_ga=2.249432451.544473126.1706236500-581114880.1706236500 
(last visited Apr. 29, 2024).
    \89\ Haiti Country Brief, World Food Programme (WFP), Nov. 2023, 
available at: https://docs.wfp.org/api/documents/WFP-0000155417/download/?_ga=2.249432451.544473126.1706236500-581114880.1706236500 
(last visited Apr. 29, 2024).
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    A 2024 BINUH report found that the security crisis has led to 
disruptions in the market supply chain, contributing to the high level 
of food insecurity.\90\ Gangs that control the main roads between 
cities and departments charge increasingly high fees to allow vehicles 
transporting food, as well as other goods, to pass unharmed.\91\ The 
global rise in food prices, depreciation of the Haitian currency, and 
other restrictions on internal movement of goods in Haiti have, along 
with the security crisis, contributed to the high food prices and 
general shortage of food.\92\
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    \90\ United Nations Integrated Office in Haiti--Report of the 
Secretary-General, UN Security Council, p.12, Jan. 15, 2024, 
available at: https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh 
(last visited Apr. 29, 2024).
    \91\ Id.
    \92\ Tanvi Nagpal, No Easy Solutions: Understanding the Scale of 
the Humanitarian Crisis in Haiti, Center for Strategic & 
International Studies (CSIS), Dec. 12, 2023, https://www.csis.org/analysis/no-easy-solutions-understanding-scale-humanitarian-crisis-haiti (last visited Apr. 29, 2024).
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    The Pan-American Health Organization and the Haitian government 
reported a new cholera

[[Page 54491]]

outbreak in October 2022.\93\ As of November 15, 2022 there had been 
8,146 hospitalized suspected cases and 821 confirmed cases of cholera, 
resulting in 188 deaths.\94\ As of September 2023, the World Health 
Organization found that a continued lack of access to clean water 
sources contributed to the spread of the disease.\95\ As of January 
2024, an estimated 73,000 Haitians were confirmed or suspected to have 
cholera across all 10 departments of Haiti.\96\ Human Rights Watch also 
estimated that as of January 2024, only 55 percent of Haitian 
households could access safe drinking water while two-thirds of 
Haitians had limited or no access to sanitation services.\97\ The 
recent closure of some hospitals and reduced availability of ambulance 
services, in addition to the generally poor health condition of the 
entire population (due, at least in part, to significant malnutrition), 
has led to more significant likelihood of severe disease and death for 
those Haitians who contract cholera.\98\
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    \93\ Widlore M[eacute]rancourt, Kelly Kasulis Cho, and Amanda 
Coletta, The Washington Post, Cholera Resurfaces in Haiti as gangs 
hinder access to water, hospitals, Oct. 3, 2022, https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/ (last visited Apr. 29, 2024).
    \94\ Pan American Health Organization, Cholera Outbreak in 
Hispaniola, Situation Report #6, Nov. 17, 2022, https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6 (last visited Apr. 29, 2024).
    \95\ Ha[iuml]ti Health Cluster: Navigating a Multifaceted 
Humanitarian Crisis, World Health Organization (WHO), Sept. 5, 2023, 
available at: https://healthcluster.who.int/newsroom/news/item/05-09-2023-haiti-health-cluster-navigating-a-multifaceted-humanitarian-crisis (last visited Apr. 29, 2024).
    \96\ United Nations Integrated Office in Haiti--Report of the 
Secretary-General, UN Security Council, p.13, Jan. 15, 2024, 
available at: https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh 
(last visited Apr. 29, 2024).
    \97\ World Report 2024--Haiti, Human Rights Watch, Jan. 11, 
2024, available at: https://www.ecoi.net/en/document/2103219.html 
(last visited Apr. 29, 2024).
    \98\ Haiti [verbar] Earthquake and Cholera Outbreak--Emergency 
Appeal No. MDRHT018--Operation update #6, International Federation 
of Red Cross and Red Crescent Societies (IFRC), Nov. 3, 2023, 
available at: https://reliefweb.int/report/haiti/haiti-earthquake-and-cholera-outbreak-emergency-appeal-no-mdrht018-operation-update-6 
(last visited Apr. 29, 2024).
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    Haiti lacks the healthcare resources to effectively respond to the 
cholera outbreak. Gangs control or have influence over almost half of 
all hospitals in the Port-au-Prince metropolitan area, with attacks on 
patients, staff, and facilities forcing some to close.\99\ Shootings, 
robberies, and kidnappings of doctors and nurses have been 
reported.\100\ For example, in a June 2023 attack on a hospital in 
Ouest department, six hospital security personnel were kidnapped and 
``vehicles, a generator, solar panels, and various medical supplies and 
equipment'' were stolen.\101\ After an attack on a convoy of ambulances 
for Medecins Sans Frontiers (MSF) in December 2023 that killed a 
patient, MSF suspended their work at the Turgeau emergency center.\102\ 
Human Rights Watch stated that it is estimated that three-quarters of 
Haiti's healthcare facilities lack adequate medical supplies and 
sufficient trained personnel as the security crisis has led to a mass 
exodus of health workers in recent years.\103\
---------------------------------------------------------------------------

    \99\ Final report of the Panel of Experts on Haiti, UN Security 
Council, p. 145, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \100\ Id.
    \101\ Id.
    \102\ MSF suspends work in Haiti emergency centre after armed 
group kills patient, Al Jazeera, Dec. 15, 2023, available at: 
https://www.aljazeera.com/news/2023/12/15/msf-suspends-work-at-hatian-hospital-after-armed-group-kill-patient (last visited Apr. 
29, 2024).
    \103\ World Report 2024--Haiti, Human Rights Watch, Jan. 11, 
2024, available at: https://www.ecoi.net/en/document/2103219.html 
(last visited Apr. 29, 2024).
---------------------------------------------------------------------------

Economic Situation

    Amidst the political, security, and environmental crises, Haiti's 
economy has been decimated and threatens the future of the country. 
Many children are not able to attend school.\104\ Haiti is one of the 
poorest countries in the world, and it remains the poorest in Latin 
America and the Caribbean.\105\ The economy has contracted for five 
straight years, from 2019 through 2023.\106\ With prices increasing 53 
percent year-on-year as of early 2023, inflation in Haiti is among the 
ten highest in the world.\107\ Previous gains in the reduction of 
poverty have been undone with two-thirds of households reporting a 
reduction in their income in March 2023.\108\ On the UN's Human 
Development Index,\109\ Haiti ranked 158 out of 191 countries in 
2022.\110\
---------------------------------------------------------------------------

    \104\ Final report of the Panel of Experts on Haiti, UN Security 
Council, pp. 2-3, Sept. 15, 2023, available at: https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php 
(last visited Apr. 29, 2024).
    \105\ World Bank, The World Bank in Haiti Overview (last updated 
Oct. 26, 2023), https://www.worldbank.org/en/country/haiti/overview 
(last visited Apr. 29, 2024).
    \106\ Haiti--Recession: Haiti's economy in free fall, -10.5% of 
GDP in total over 5 years, Haiti Libre, Jan. 3, 2024, available at: 
https://www.haitilibre.com/en/news-41354-haiti-recession-haiti-s-economy-in-free-fall105-of-gdp-in-total-over-5-years.html (last 
visited Apr. 29, 2024).
    \107\ Johnny Wood, These countries have been the hardest hit by 
food price inflation, World Economic Forum, Feb. 21, 2023, available 
at: https://www.weforum.org/agenda/2023/02/countries-hit-by-food-prices-inflation-cost-of-living-crisis/ (last visited Apr. 29, 
2024).
    \108\ World Bank, The World Bank in Haiti Overview (last updated 
Oct. 26, 2023), https://www.worldbank.org/en/country/haiti/overview 
(last visited Apr. 29, 2024).
    \109\ The Human Development Index (HDI) is a summary measure of 
average achievement in key dimensions of human development: a long 
and healthy life, being knowledgeable and have a decent standard of 
living. The latest 2024 HDI report contains data for 2022. See UN 
Development Programme (UNDP), Human Development Index (HDI) (last 
visited Apr. 29, 2024), https://hdr.undp.org/data-center/human-development-index#/indicies/HDI.
    \110\ World Bank, The World Bank in Haiti Overview (last updated 
Oct. 26, 2023), https://www.worldbank.org/en/country/haiti/overview 
(last visited Apr. 29, 2024); UNDP, Human Development Index (HDI) 
(last visited Apr. 29, 2024), https://hdr.undp.org/data-center/human-development-index#/indicies/HDI.
---------------------------------------------------------------------------

    In summary, Haiti is experiencing extraordinary and temporary 
conditions resulting from grave insecurity and gang crime, as well as 
socio-economic and humanitarian conditions, including those resulting 
from environmental disasters aggravating food insecurity.
    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Haiti's designation for TPS 
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continue to be extraordinary and temporary 
conditions in Haiti that prevent Haitian nationals (or individuals 
having no nationality who last habitually resided in Haiti) from 
returning to Haiti in safety, and it is not contrary to the national 
interest of the United States to permit Haitian TPS beneficiaries to 
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C).
     The designation of Haiti for TPS should be extended for an 
18-month period, beginning on August 4, 2024, and ending on February 3, 
2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Haiti should be 
simultaneously extended and redesignated for TPS beginning on August 4, 
2024, and ending on February 3, 2026. See INA sec. 244(b)(1)(C) and 
(b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).
     For the redesignation, the Secretary has determined that 
TPS applicants must demonstrate that they have continuously resided in 
the United States since June 3, 2024.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since

[[Page 54492]]

August 4, 2024, the effective date of the redesignation of Haiti for 
TPS.
     There are approximately 214,000 current Haiti TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
    It is estimated that approximately 309,000 additional individuals 
may be eligible for TPS under the redesignation of Haiti. This 
population includes Haitian nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Haiti for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate U.S. Government agencies, the statutory conditions 
supporting Haiti's designation for TPS on the basis of extraordinary 
and temporary conditions are met, and it is not contrary to the 
national interest of the United States to allow Haitian TPS 
beneficiaries to remain in the United States temporarily. See INA sec. 
244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). On the 
basis of this determination, I am simultaneously extending the existing 
designation of Haiti for TPS for 18 months, beginning on August 4, 
2024, and ending on February 3, 2026, and redesignating Haiti for TPS 
for the same 18-month period. See INA sec. 244(b)(1) and (b)(2); 8 
U.S.C. 1254a(b)(1), and (b)(2).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS based on the designation of 
Haiti, you must submit a Form I-821. If you are submitting an initial 
TPS application, you must pay the application fee for Form I-821 (or 
request a fee waiver, which you may submit on Form I-912, Request for 
Fee Waiver). If you are filing an application to re-register for TPS, 
you do not need to pay the application fee. Whether you are registering 
as an initial applicant or re-registering, you are required to pay the 
biometric services fee. If you cannot pay the biometric services fee, 
you may ask USCIS to waive the fee. Please see additional information 
under the ``Biometric Services Fee'' section of this notice.
    TPS beneficiaries are eligible for an Employment Authorization 
Document (EAD), which proves their authorization to work in the United 
States. You are not required to submit Form I-765 or have an EAD to be 
granted TPS, but see below for more information if you want an EAD to 
use as proof that you can work in the United States.
    Individuals who have a Haiti TPS application (Form I-821) that was 
still pending as of July 1, 2024 do not need to file the application 
again. If USCIS approves an individual's Form I-821, USCIS will grant 
the individual TPS through February 3, 2026.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees 
for the Form I-821, the Form I-765, and biometric services are also 
described in 8 CFR 106.2 and the fee waiver-related regulations in 8 
CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule, provides the 
current fees required for the Form I-821 and Form I-765 for both 
initial TPS applicants and existing TPS beneficiaries who are re-
registering.

How can TPS beneficiaries obtain an Employment Authorization Document 
(EAD)?

    Everyone must provide their employer with documentation showing 
that they have the legal right to work in the United States. TPS 
beneficiaries are eligible to obtain an EAD, which proves their legal 
right to work. If you want to obtain an EAD, you must file Form I-765 
and pay the Form I-765 fee (or request a fee waiver, which you may 
submit on Form I-912). TPS applicants may file this form with their TPS 
application, or separately later, if their TPS application is still 
pending or has been approved.
    Beneficiaries with a Haiti TPS-related Form I-765 that was still 
pending as of July 1, 2024 do not need to file the application again. 
If USCIS approves a pending TPS-related Form I-765, USCIS will issue 
the individual a new EAD that will be valid through February 3, 2026.

Refiling an Initial TPS Registration Application After Receiving a 
Denial of a Fee Waiver Request

    If USCIS denies your fee waiver request, you can resubmit your TPS 
application. The fee waiver denial notice will contain specific 
instructions about resubmitting your application.

Filing Information

    USCIS offers the option to applicants for TPS to file Form I-821 
and related requests for EADs online or by mail. However, if you 
request a fee waiver, you must submit your application by mail. When 
filing a TPS application, you can also request an EAD by submitting a 
completed Form I-765 with your Form I-821.
    Online filing: Form I-821 and Form I-765 are available for 
concurrent filing online.\111\ To file these forms online, you must 
first create a USCIS online account.\112\
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    \111\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \112\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your completed Form I-821; Form I-765, if 
applicable; Form I-912, if applicable; and supporting documentation to 
the proper address in Table 1--Mailing Addresses.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                If . . .                          Mail to . . .
------------------------------------------------------------------------
You live in Florida, and you are using   USCIS Attn: TPS Haiti, P.O. Box
 the U.S. Postal Service (USPS).          660167, Dallas, TX 75266-0167.
You live in Florida, and you are using   USCIS Attn: TPS Haiti (Box
 FedEx, UPS, or DHL.                      660167),2501 S State Highway,
                                          121, Business Suite 400,
                                          Lewisville, TX 75067-8003.
You live in Massachusetts or New York,   USCIS Attn: TPS Haiti, P.O. Box
 and you are using the U.S. Postal        4091, Carol Stream, IL 60197-
 Service (USPS).                          4091.
You live in Massachusetts or New York,   USCIS Attn: TPS Haiti (Box
 and you are using FedEx, UPS, or DHL.    4091), 2500 Westfield Drive,
                                          Elgin, IL 60124-7836.
You live in any other state or           USCIS Attn: TPS Haiti, P.O. Box
 territory, and you are using the U.S.    24047, Phoenix, AZ 85074-4047.
 Postal Service (USPS).

[[Page 54493]]

 
You live in any other state or           USCIS Attn: TPS Haiti (Box
 territory, and you are using FedEx,      24047), 2108 East Elliot Road,
 UPS, or DHL.                             Tempe, AZ 85284-1806.
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD, please 
file online or mail your Form I-765 to the appropriate address in Table 
1. If you file online, please include the fee. If you file by mail, 
please include the fee or fee waiver request. When you request an EAD 
based on an IJ or BIA grant of TPS, please include with your 
application a copy of the order from the IJ or BIA granting you TPS. 
This will help us verify your grant of TPS and process your 
application.

Supporting Documents

    The filing instructions for Form I-821 list all the documents you 
need to establish eligibility for TPS. You may also find information on 
the acceptable documentation and other requirements for applying (also 
called registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``Haiti.''

Travel

    TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. You must file for travel 
authorization if you wish to travel outside of the United States. If 
USCIS grants travel authorization, it gives you permission to leave the 
United States and return during a specific period. To request travel 
authorization, you must file Form I-131, available at https://www.uscis.gov/i-131. You may file Form I-131 together with your Form I-
821 or separately. When you file Form I-131, you must:
     Select Item Number 1.d. in Part 2 on the Form I-131; and
     Submit the fee for Form I-131, or request a fee waiver, 
which you may submit on Form I-912.
    If you are filing Form I-131 together with Form I-821, send your 
forms to the address listed in Table 1. If you are filing Form I-131 
separately based on a pending or approved Form I-821, send your form to 
the address listed in Table 2 and include a copy of Form I-797 for your 
approved or pending Form I-821.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
               If you are . . .                      Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I-821...  The address provided in
                                                Table 1.
Filing Form I-131 based on a pending or        USCIS, Attn: I-131 TPS,
 approved Form I-821, and you are using the     P.O. Box 660167, Dallas,
 U.S. Postal Service (USPS):                    TX 75266-0867.
You must include a copy of the Notice of
 Action (Form I-797C or I-797) showing USCIS
 accepted or approved your Form I-821.
Filing Form I-131 based on a pending or        USCIS, Attn: I-131 TPS,
 approved Form I-821, and you are using         2501 S. State Hwy. 121
 FedEx, UPS, or DHL:                            Business, Ste. 400,
You must include a copy of the Notice of        Lewisville, TX 75067.
 Action (Form I-797C or I-797) showing USCIS
 accepted or approved your Form I-821.
------------------------------------------------------------------------

Biometric Services Fee for TPS

    Biometrics (such as fingerprints) are required for all applicants, 
in addition to a biometric services fee. As previously stated, if you 
cannot pay the biometric services fee, you may request a fee waiver, 
which you may submit on Form I-912. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS web page 
at https://www.uscis.gov/tps. USCIS may require you to visit an 
Application Support Center to have your biometrics collected. For 
additional information on the USCIS biometric screening process, please 
see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.

General Employment-Related Information for TPS Applicants and Their 
Employers

How can I obtain information on the status of my TPS application and 
EAD request?

    To get case status information about your TPS application, as well 
as the status of your TPS-based EAD request, you can check Case Status 
Online at https://uscis.gov or visit the USCIS Contact Center at 
https://www.uscis.gov/contactcenter. If you still need assistance, you 
may ask a question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY 
800-767-1833).

Am I eligible to receive an automatic extension of my current EAD 
through August 3, 2025, through this Federal Register notice?

    Yes. Regardless of your country of birth, if you currently have a 
Haiti TPS-based EAD with the notation A-12 or C-19 under Category and a 
``Card Expires'' date of August 3, 2024, June 30, 2024, February 3, 
2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 
2020, July 22, 2019, January 22, 2018, or July 22, 2017, this Federal 
Register notice automatically extends your EAD through August 3, 2025. 
Although this Federal Register notice automatically extends your EAD 
through August 3, 2025, you must timely re-register for TPS in 
accordance with the procedures described in this Federal Register 
notice to maintain your TPS and avoid possible gaps in your employment 
authorization documentation.

When hired, what documentation may I show to my employer as evidence of 
identity and employment authorization when completing Form I-9?

    You can find the Lists of Acceptable Documents on Form I-9, 
Employment Eligibility Verification, as well as the Acceptable 
Documents web page at https://www.uscis.gov/i-9-central/

[[Page 54494]]

acceptable-documents. Employers must complete Form I-9 to verify the 
identity and employment authorization of all new employees. Within 
three business days of hire, employees must present acceptable 
documents to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization) or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which provides evidence of employment 
authorization), or you may present an acceptable receipt as described 
in these lists. Employers may not reject a document based on a future 
expiration date. You can find additional information about Form I-9 on 
the I-9 Central web page at https://www.uscis.gov/I-9Central. An EAD is 
an acceptable document under List A. See the section ``How do my 
employer and I complete Form I-9 using my automatically extended EAD 
for a new job?'' of this Federal Register notice for more information. 
If your EAD states A-12 or C-19 under Category and has a ``Card 
Expires'' date of August 3, 2024, June 30, 2024, February 3, 2023, 
December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, 
July 22, 2019, January 22, 2018, or July 22, 2017, this Federal 
Register notice extends it automatically, and you may choose to present 
your EAD to your employer as proof of identity and employment 
eligibility for Form I-9 through August 3, 2025, unless your TPS has 
been withdrawn or your request for TPS has been denied. Your country of 
birth noted on the EAD does not have to reflect the TPS-designated 
country of Haiti for you to be eligible for this extension.

What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?

    Even though we have automatically extended your EAD, your employer 
is required by law to ask you about your continued employment 
authorization. Your employer may need to reexamine your automatically 
extended EAD to check the ``Card Expires'' date and Category code if 
your employer did not keep a copy of your EAD when you initially 
presented it. Once your employer has reviewed the ``Card Expires'' date 
and Category code, they should update the EAD expiration date in 
Section 2 of Form I-9. See the section ``What updates should my current 
employer make to Form I-9 if my EAD has been automatically extended?'' 
of this Federal Register notice for more information. You may show this 
Federal Register notice to your employer to explain what to do for Form 
I-9 and to show that USCIS has automatically extended your EAD through 
August 3, 2025, but you are not required to do so. The last day of the 
automatic EAD extension is August 3, 2025. Before you start work on 
August 4, 2025, your employer is required by law to reverify your 
employment authorization on Form I-9. By that time, you must present 
any document from List A or any document from List C on Form I-9 Lists 
of Acceptable Documents, or an acceptable List A or List C receipt 
described in these lists to reverify employment authorization.
    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.

If I have an EAD based on another immigration status, can I obtain a 
new TPS-based EAD?

    Yes, if you are eligible for TPS, you can obtain a new TPS-based 
EAD, even if you already have an EAD or work authorization based on 
another immigration status. If you want to obtain a new TPS-based EAD 
valid through February 3, 2026, you must file Form I-765 and pay the 
associated fee (unless USCIS grants your fee waiver request).

Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status, proof of my Haitian 
citizenship, or a Form I-797C showing that I registered for TPS?

    No. When completing Form I-9, employers must accept any 
documentation you choose to present from the Form I-9 Lists of 
Acceptable Documents that reasonably appears to be genuine and that 
relates to you, or an acceptable List A, List B, or List C receipt. 
Employers may not request other documentation, such as proof of Haitian 
citizenship or proof of registration for TPS, when completing Form I-9 
for new hires or reverifying the employment authorization of current 
employees. If you present an EAD that USCIS has automatically extended, 
employers should accept it as a valid List A document if the EAD 
reasonably appears to be genuine and to relate to you. Refer to the 
``Note to Employees'' section of this Federal Register notice for 
important information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status or your national origin.

How do my employer and I complete Form I-9 using my automatically 
extended EAD for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before August 4, 2025:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter August 
3, 2025, as the ``expiration date''; and
    b. Enter your USCIS number or A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix.)
    2. For Section 2, employers should:
    a. Determine whether the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a ``Card Expires'' date of August 3, 
2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 
2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 
2018, or July 22, 2017;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write August 3, 2025, as the expiration date.
    Before the start of work on August 4, 2025, employers must reverify 
the employee's employment authorization on Form I-9.

What updates should my current employer make to Form I-9 if my EAD has 
been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and USCIS has now automatically extended your EAD, 
your employer may need to re-examine your current EAD if they do not 
have a copy of the EAD on file. Your employer should determine whether 
your EAD is automatically extended by ensuring that it contains 
Category A-12 or C-19 and has a ``Card Expires'' date of August 3, 
2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 
2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 
2018, or July 22, 2017. Your employer may not rely on the country of 
birth listed on the card to determine whether you are eligible for this 
extension.
    If your employer determines that USCIS has automatically extended 
your EAD, they should update Section 2 of your previously completed 
Form I-9 as follows:
    1. Write EAD EXT and August 3, 2025, as the last day of the 
automatic

[[Page 54495]]

extension in the Additional Information field; and
    2. Initial and date the correction.

    Note: This is not considered a reverification. Employers do not 
reverify the employee until either the automatic extension has 
ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By August 4, 2025, 
when the employee's automatically extended EAD has expired, 
employers are required by law to reverify the employee's employment 
authorization on Form I-9.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify. Employers should enter August 3, 
2025, as the expiration date for an EAD that has been extended under 
this Federal Register notice.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?

    E-Verify automated the verification process for TPS-related EADs 
that are automatically extended. If you have an employee who provided a 
TPS-related EAD when they first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. Before this 
employee starts work on August 4, 2025, you must reverify their 
employment authorization on Form I-9. Employers may not use E-Verify 
for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English, 
Spanish, and many other languages. For questions about avoiding 
discrimination during the employment eligibility verification process 
(Form I-9 and E-Verify), employers may call the U.S. Department of 
Justice, Civil Rights Division, Immigrant and Employee Rights Section 
(IER) Employer Hotline at 800-255-8155 (TTY 800-237-2515). IER offers 
language interpretation in many languages. Employers may also email IER 
at [email protected] or get more information online at https://www.justice.gov/ier.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls and emails 
in English, Spanish and many other languages. Employees or job 
applicants may also call the U.S. Department of Justice, Civil Rights 
Division, Immigrant and Employee Rights Section (IER) Worker Hotline at 
800-255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based on citizenship, immigration status, or national 
origin, including discrimination related to Form I-9 and E-Verify. The 
IER Worker Hotline provides language interpretation in many languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in these lists. Employers may not require extra or additional 
documentation other than what is required to complete Form I-9. 
Further, employers participating in E-Verify who receive an E-Verify 
case result of ``Tentative Nonconfirmation'' (mismatch) must promptly 
inform employees of the mismatch and give these employees an 
opportunity to resolve the mismatch. A mismatch means that the 
information entered into E-Verify from Form I-9 differs from records 
available to DHS.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any adverse action against an employee because of a 
mismatch while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result occurs if E-Verify cannot confirm an 
employee's employment eligibility. An employer may terminate employment 
based on a case result of FNC. Work-authorized employees who receive an 
FNC may call USCIS for assistance at 888-897-7781 (TTY 877-875-6028). 
For more information about E-Verify-related discrimination or to report 
an employer for discrimination in the E-Verify process based on 
citizenship, immigration status, or national origin, contact IER's 
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    For Federal purposes, if you present an automatically extended EAD 
referenced in this Federal Register notice, you do not need to show any 
other document, such as a Form I-797C, Notice of Action, reflecting 
receipt of a Form I-765 EAD renewal application or this Federal 
Register notice, to prove that you qualify for this extension. While 
Federal Government agencies must follow the guidelines laid out by the 
Federal Government, State and local government agencies establish their 
own rules and guidelines when granting certain benefits. Each state may 
have different laws, requirements, and determinations about what 
documents you need to provide to prove eligibility for certain 
benefits. Whether you are applying for a Federal, State, or local 
government benefit, you may need to provide the government agency with 
documents that show you are a TPS beneficiary or applicant, show you 
are authorized to work based on TPS or other status, or that may be 
used by DHS to determine if you have TPS or another immigration status. 
Examples of such documents are:
     Your current EAD with a TPS category code of A-12 or C-19, 
even if your country of birth noted on the EAD does not reflect the 
TPS-designated country of Haiti;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
     Form I-797 or Form I-797C, Notice of Action, reflecting 
approval or receipt of a past or current Form I-821, if you received 
one from USCIS.
    Check with the government agency requesting documentation about 
which document(s) the agency will accept.
    Some state and local government agencies use SAVE to confirm the 
current immigration status of applicants for public benefits. While 
SAVE can verify that an individual has TPS or a

[[Page 54496]]

pending TPS application, each agency's procedures govern whether they 
will accept an unexpired EAD, Form I-797, Form I-797C, or Form I-94. If 
an agency accepts the type of TPS-related document you present, such as 
an EAD, the agency should accept your automatically extended EAD, 
regardless of the country of birth listed on the EAD. It may assist the 
agency if you:
    a. Give the agency a copy of the relevant Federal Register notice 
showing the extension of TPS-related documentation in addition to your 
recent TPS-related document with your A-Number, USCIS number, or Form 
I-94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response verifying your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but occasionally verification can be delayed.
    You can check the status of your SAVE verification by using 
CaseCheck at https://www.uscis.gov/save/save-casecheck. CaseCheck is a 
free service that lets you follow the progress of your SAVE 
verification case using your date of birth and one immigration 
identifier number (such as your A-Number, USCIS number, or Form I-94 
number) or Verification Case Number. If an agency has denied your 
application based solely or in part on a SAVE response, the agency must 
allow you to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted on or will act on a 
SAVE verification and you do not believe the SAVE response is correct, 
the SAVE website, https://www.uscis.gov/save, has detailed information 
on how to correct or update your immigration record, make an 
appointment, or submit a written request to correct records.

[FR Doc. 2024-14247 Filed 6-28-24; 8:45 am]
BILLING CODE 9111-97-P