[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\
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\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).
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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\
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\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.
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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