[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28760-28764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12224]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2825-25; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Termination of the Designation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
terminating the designation of Haiti for Temporary Protected Status
(TPS). The designation of Haiti is set to expire on August 3, 2025.
After reviewing country conditions and consulting with appropriate U.S.
Government agencies, the Secretary determined that Haiti no longer
continues to meet the conditions for designation for TPS. The
Secretary, therefore, is terminating the TPS designation of Haiti as
required by statute. This termination is effective September 2, 2025.
After September 2, 2025, nationals of Haiti (and aliens having no
nationality who last habitually resided in Haiti) who have been granted
TPS under Haiti's designation will no longer have TPS.
DATES: The designation of Haiti for TPS is terminated, effective at
11:59 p.m., local time, on September 2, 2025.
FOR FURTHER INFORMATION CONTACT: Humanitarian Affairs Division, Office
of Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, (240) 721-3000.
SUPPLEMENTARY INFORMATION:
List of Abbreviations
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FR--Federal Register
FRN--Federal Register Notice
Government--U.S. Government
INA--Immigration and Nationality Act
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
[[Page 28761]]
What is Temporary Protected Status (TPS)?
The Immigration and Nationality Act (INA) authorizes the Secretary
of Homeland Security, 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.
See INA sec. 244(b)(1), 8 U.S.C. 1254a(b)(1). The Secretary, in her
discretion, may grant TPS to eligible nationals of that foreign state
(or aliens 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).
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
conditions in the foreign state continue to meet the specific statutory
criteria for TPS designation, TPS 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). There
is no judicial review of ``any determination of the [Secretary] with
respect to the designation, or termination or extension of a
designation of a foreign state'' for TPS. INA sec. 244(b)(5)(A), 8
U.S.C. 1254a(b)(5)(A).
TPS is a temporary immigration benefit granted to eligible
nationals of a country designated for TPS under the INA, or to eligible
aliens without nationality who last habitually resided in the
designated country. During the TPS designation period, TPS
beneficiaries are eligible to remain in the United States, may not be
removed, and are authorized to work and obtain an Employment
Authorization Document (EAD) so long as they continue to meet the
requirements of TPS. TPS beneficiaries may also apply for and be
granted travel authorization as a matter of discretion. The granting of
TPS does not result in or lead to lawful permanent resident status or
any other immigration status. To qualify for TPS, beneficiaries must
meet the eligibility standards at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2) in accordance with the implementing regulations at 8 CFR
parts 244 and 1244. When the Secretary terminates a country's TPS
designation, beneficiaries return to the same immigration status or
category that they maintained before TPS, if any (unless that status or
category has since expired or been terminated), or any other lawfully
obtained immigration status or category they received while registered
for TPS, as long as it is still valid on the date TPS terminates.
Designation of Haiti for TPS
Haiti was initially designated for TPS on January 21, 2010, for a
period of 18 months, on the basis of extraordinary and temporary
conditions in Haiti that prevented nationals of Haiti from returning in
safety. See Designation of Haiti for Temporary Protected Status, 75 FR
3476 (Jan. 21, 2010). Following the initial designation, TPS for Haiti
was extended and newly designated once from July 23, 2011, through
January 22, 2013, based on extraordinary and temporary conditions.\1\
Thereafter, TPS for Haiti was extended three times based on
extraordinary and temporary conditions: (1) from January 23, 2013,
through July 22, 2014; \2\ (2) from July 23, 2014, through January 22,
2016; \3\ (3) from January 23, 2016, through July 22, 2017.\4\ The
Secretary then granted a six month extension of TPS from July 23, 2017,
through January 22, 2018, but made clear that TPS Haiti beneficiaries
should prepare for their return to Haiti in the event Haiti's
designation was not extended again.\5\ Subsequently, the Secretary
announced the termination of the TPS designation of Haiti effective
July 22, 2019.\6\
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\1\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 76 FR 29000 (May 19, 2011).
\2\ See Extension of the Designation of Haiti for Temporary
Protected Status, 77 FR 59943 (Oct. 1, 2012).
\3\ See Extension of the Designation of Haiti for Temporary
Protected Status, 79 FR 11808 (Mar. 3, 2014).
\4\ See Extension of the Designation of Haiti for Temporary
Protected Status, 80 FR 51582 (Aug. 25, 2015).
\5\ See Extension of the Designation of Haiti for Temporary
Protected Status, 82 FR 23830(May 24, 2017).
\6\ 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.\7\ Former Secretary
Mayorkas newly designated Haiti on the basis of extraordinary and
temporary conditions effective August 3, 2021, through February 3,
2023.\8\ Thereafter, TPS for Haiti was extended and newly designated
effective February 4, 2023, and ending on August 3, 2024.\9\ In July
2024, DHS issued a notice stating that Secretary Mayorkas had once
again determined to extend and newly designate Haiti for TPS for an 18-
month period, set to expire on February 3, 2026.\10\ DHS announced in
February 2025 that Secretary Noem had decided to partially vacate the
June 2024 decision of Secretary Mayorkas regarding the extension and
new designation of Haiti for TPS. Secretary Noem reduced the
designation period from the statutory maximum of 18 months to 12
months, providing that the Haiti TPS extension and new designation will
now expire on August 3, 2025.\11\ Secretary Noem's vacatur has been
challenged in at least two lawsuits.\12\
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\7\ On December 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.
\8\ See Designation of Haiti for Temporary Protected Status, 86
FR 41863 (Aug. 3, 2021).
\9\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 88 FR 5022 (Jan. 26, 2023).
\10\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 89 FR 54484 (July 1, 2024).
\11\ See Partial Vacatur of 2024 Temporary Protected Status
Decision for Haiti, 90 FR 10511 (Feb. 24, 2025).
\12\ Haitian American United, Inc. v. Trump, No. 1:25-cv-10498
(D. Mass); Haitian Evangelical Clergy v. Trump, No. 1:25-cv-01464
(D. Md.).
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Secretary's Authority To Terminate the Designation of Haiti for TPS
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 the country
continues 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
foreign state no longer meets the conditions for the TPS designation,
the Secretary must terminate the designation. See INA sec.
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The termination may not take
effect earlier than 60 days after the date the FRN of termination is
published, or if later, the expiration of the most recent previous
extension of the country
[[Page 28762]]
designation. See id. The Secretary may determine the appropriate
effective date of the termination and expiration of any TPS-related
documentation, such as EADs, issued or renewed after the effective date
of termination. See id.; see also INA sec. 244(d)(3), 8 U.S.C.
1254a(d)(3) (providing the Secretary the discretionary ``option'' to
allow for a certain ``orderly transition'' period if she determines it
to be appropriate).
Reasons for the Secretary's Termination of the TPS Designation for
Haiti
Consistent with INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A),
after consulting with appropriate U.S. Government agencies, the
Secretary reviewed country conditions in Haiti and considered whether
Haiti continues to meet the conditions for the designation under INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). This review included
examining (a) whether extraordinary and temporary conditions in Haiti
that prevent aliens who are Haitian nationals from returning to Haiti
in safety continue to exist, and (b) if permitting Haitian nationals to
remain temporarily in the United States is contrary to the national
interest of the United States.
``National interest'' is an expansive standard that may encompass
an array of broad considerations, including foreign policy, public
safety (e.g., potential nexus to criminal gang membership), national
security, migration factors (e.g., pull factors), immigration policy
(e.g., enforcement prerogatives), and economic considerations (e.g.,
adverse effects on U.S. workers, impact on U.S. communities).\13\
Determining whether permitting a class of aliens to remain temporarily
in the United States is contrary to the U.S. national interest
therefore calls upon the Secretary's expertise and discretionary
judgment, informed by her consultations with appropriate U.S.
Government agencies.
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\13\ See, e.g., Poursina v. USCIS, 936 F.3d 868, 874 (9th Cir.
2019) (observing, in an analogous INA context, ``that the `national
interest' standard invokes broader economic and national-security
considerations, and such determinations are firmly committed to the
discretion of the Executive Branch--not to federal courts'' (citing
Trump v. Hawaii, 585 U.S. 667, 684-86 (2018)); Flores v. Garland, 72
F.4th 85, 89-90 (5th Cir. 2023) (same); Brasil v. Sec'y, Dep't of
Homeland Sec., 28 F.4th 1189, 1193 (11th Cir. 2022) (same); cf.
Matter of D-J-, 23 I&N Dec. 572, 579-81 (A.G. 2003) (recognizing
that taking measures to stem and eliminate possible incentives for
potential large-scale migration from a given country is ``sound
immigration policy'' and an ``important national security
interest''); Matter of Dhanasar, 26 I&N Dec. 884, 890-91 (AAO 2016)
(taking into account impact on U.S. workers in ``national interest''
assessments).
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Based on her review, the Secretary has determined that termination
of TPS for Haiti is required because it is contrary to the national
interest to permit Haitian nationals (or aliens having no nationality
who last habitually resided in Haiti) to remain temporarily in the
United States.
President Trump clearly articulated policy imperatives bearing upon
the national interest in his immigration and border-related executive
orders and proclamations. In Proclamation 10888 ``Guaranteeing the
States Protection Against Invasion,'' President Trump emphasized that
Congress has established a complex and comprehensive framework under
the INA to regulate the entry and exit of aliens and goods across U.S.
borders. Under normal conditions, this framework supports national
sovereignty by enabling the admission of aliens whose presence serves
the national interest and excluding those who may pose risks to public
health, safety, or national security. However, in a high-volume border
environment--particularly when the system is overwhelmed--this
screening process can become ineffective. Limited access to critical
information and significant processing delays hinder the ability of
federal officials to reliably assess the criminal histories or national
security threats posed by aliens attempting to enter the U.S.
illegally. As a result, public safety and national security risks are
significantly heightened in such conditions.\14\
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\14\ 90 FR 8333.
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In Executive Order (E.O.) 14161 ``Protecting the United States From
Foreign Terrorists and Other National Security and Public Safety
Threats,'' President Trump instructed the Secretary of State, Attorney
General, Secretary of Homeland Security, and Director of National
Intelligence to jointly submit to the President a report that
identified countries throughout the world ``for which vetting and
screening information is so deficient as to warrant a partial or full
suspension on the admission of nationals from those countries.'' \15\
In Proclamation ``Restricting the Entry of Foreign Nationals to Protect
the United States from Foreign Terrorists and Other National Security
and Public Safety Threats,'' President Trump determined to fully
restrict and limit the entry of nationals from Haiti following his
review of the requested report. In support of this decision, President
Trump outlined that ``according to the overstay report, Haiti had a B-
1/B-2 visa overstay rate of 31.38 percent and an F, M, and J visa
overstay rate of 25.05 percent . . . as is widely known, Haiti lacks a
central authority with sufficient availability and dissemination of law
enforcement information necessary to ensure its nationals do not
undermine the national security of the United States.'' \16\
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\15\ 90 FR 8451.
\16\ 90 FR 24497.
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In E.O. ``Protecting the American People Against Invasion,''
President Trump underscored that enforcing the immigration laws ``is
critically important to the national security and public safety of the
United States.'' \17\ In furtherance of that objective, the President
directed the Secretary, along with the Attorney General and Secretary
of State, to promptly take all appropriate action, consistent with law,
to rescind policies that led to increased or continued presence of
illegal aliens in the United States.\18\ Among the directed actions are
to ensure that the TPS designations are consistent with the TPS statute
and ``are appropriately limited in scope and made for only so long as
may be necessary to fulfill the textual requirements of that statute.''
\19\
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\17\ E.O. 14159, Protecting the American People Against
Invasion, sec. 1, 90 FR 8443, 8443 (Jan. 20, 2025).
\18\ Id., sec. 16, 90 FR 8446.
\19\ Id., sec. 16(b), 90 FR 8446.
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Prior to FY2025, U.S. Border Patrol recorded a consistent year-
over-year increase in encounters with Haitian nationals: 56,596 in
FY2022, 163,781 in FY2023, and 220,798 in FY2024.\20\ For several
years, there has been a significant increase in the number of Haitians
arriving in the United States irregularly, particularly via land.
According to one report, ``from 2019 through 2021, Haitians were the
top nationality for migrants crossing the dangerous Darien Gap between
Colombia and Panama, and they have remained among the three largest
groups in 2022 and 2023.'' \21\ Another report states: ``the
continuation of a devastating political, environmental, social, and
economic situation . . . in Haiti guarantees an unbroken chain
migration, particularly to the United States and Canada; and when
combined with already heavy backlogs in
[[Page 28763]]
processing resident status changes, a large and growing flow of
Haitians will persist.'' \22\ This pattern of large-scale irregular
migration as a result of ``pull factors'' has continued for years. Yet
another report states ``misinformation about TPS eligibility and about
the general availability of legal status in the United States may have
been one factor for migrants trying to reach the U.S. border . . .''
\23\ These realities are unsustainable and inconsistent with President
Trump's outlined policy priorities as well as U.S. national interests.
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\20\ U.S. Customs and Border Protection, ``U.S. Border Patrol
and Office of Field Operations Encounters by Area of Responsibility
and Component'' (last updated: May 5, 2025), available at: https://www.cbp.gov/newsroom/stats/nationwide-encounters.
\21\ Migration Policy Institute, ``Haitian Immigrants in the
United States'' (Nov. 8, 2023), available at: https://www.migrationpolicy.org/article/haitian-immigrants-united-states-2022.
\22\ IOM, ``Engaging the Haitian Diaspora'' (Sept 10, 2013),
available at: https://environmentalmigration.iom.int/resources/engaging-haitian-diaspora.
\23\ Migration Policy Institute, ``Haitian Migration through the
Americas: A Decade in the Making'' (Sept. 30, 2021), https://www.migrationpolicy.org/article/haitian-migration-through-americas.
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Beyond migration factors and immigration policy, public safety and
national security are important considerations when assessing if a TPS
designation is in line with U.S. national interests. DHS records
indicate that there are Haitian nationals who are TPS recipients who
have been the subject of administrative investigations for fraud,
public safety, and national security. These issues underscore a
conflict with the national interest of the United States.
Gang violence in Haiti persists as armed groups operate with
impunity, enabled by a weak or effectively absent central government.
The Congressional Research Service described the situation in Haiti in
a recent report: ``The gangs--some of which are aligned with political
elites--amassed control over territory and illicit markets amid
political instability following the 2021 assassination of then-
President Jovenel Moise. Since April 2024, Haiti has been governed by a
Transitional Presidential Council (TPC). The TPC, tasked with governing
until elections can be convened, has been plagued by allegations of
corruption and infighting.'' \24\ According to Amnesty International,
``Haiti is in the grip of severe humanitarian and human rights crisis.
Armed gangs are striking the Port-au-Prince metropolitan area and its
surroundings with terror and violence, including rape and other forms
of sexual violence.'' \25\ On May 2, 2025, the Secretary of State
announced the State Department's designation of Viv Ansanm and Gran
Grif as Foreign Terrorist Organizations and Specially Designated Global
Terrorists. In his announcement, the Secretary noted ``Haitian gangs,
including the Viv Ansanm coalition and Gran Grif, are the primary
source of instability and violence in Haiti. They are a direct threat
to U.S. national security interests in our region . . . their ultimate
goal is creating a gang-controlled state where illicit trafficking and
other criminal activities operate freely and terrorize Haitian
citizens.'' \26\
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\24\ Library of Congress, Congressional Research Service,
``Haiti in Crisis: Developments Related to the Multinational
Security Support Mission'' (June 3, 2025), available at: https://
www.congress.gov/crs-product/
IN12331#:~:text=Between%20January%20and%20March%202025,attributed%20t
o%20gang%2Drelated%20violence.
\25\ Amnesty International, ``Gang Violence and Unrest in
Haiti,'' available at: https://www.amnesty.org/en/projects/gang-violence-in-haiti/.
\26\ U.S. Department of State, ``Terrorist Designations of Viv
Ansanm and Gran Grif'' (May 2, 2025), available at: https://www.state.gov/releases/office-of-the-spokesperson/2025/05/terrorist-designations-of-viv-ansanm-and-gran-grif/.
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Widespread gang violence in Haiti is sustained by the country's
lack of functional government authority. This breakdown in governance
directly impacts U.S. national security interests, particularly in the
context of uncontrolled migration. As previously outlined, when
immigration flows exceed our capacity to properly vet aliens at the
border, the risks are compounded by the inability to access reliable
law enforcement or security information from the alien's country of
origin. The joint assessment by the Secretary of State, Secretary of
Homeland Security, and Director of National Intelligence has found that
Haiti lacks a functioning central authority capable of maintaining or
sharing such critical information. Coupled with the serious threat
posed by Haitian gangs--such as those designated by the State
Department as Foreign Terrorist Organizations--continuing TPS for Haiti
is not in the national interest.
This lack of government control has not only destabilized Haiti
internally but has also had direct consequences for U.S. public safety.
Haitian gang members have already been identified among those who have
entered the United States and, in some cases, have been apprehended by
law enforcement for committing serious and violent crimes. For example,
in January 2025, U.S. Immigration and Customs Enforcement (ICE)
apprehended Wisteguens Jean Quely Charles, a member of a violent
Haitian street gang, who had been arrested, charged and convicted for
17 crimes between August 2022 and August 2024 including both
``possession of and possession to distribute controlled substances,
distribution of controlled substances, trespassing, carrying dangerous
weapon to wit brass knuckles, possession of a firearm without a permit,
possession of ammunition without a permit, assault and battery with a
dangerous weapon, assault and battery, and resisting arrest.'' \27\
This case underscores the broader risk posed by rising Haitian
migration, particularly in light of multiple large-scale prison breaks
in Haiti \28\ and the increasing numbers of encounters reported by U.S.
Customs and Border Protection. The inability of the previous
administration to reliably screen aliens from a country with limited
law enforcement infrastructure and widespread gang activity presents a
clear and growing threat to U.S. public safety.
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\27\ U.S. Immigration and Customs Enforcement, ``ICE ERO Boston
arrests Haitian gang member with numerous convictions'' (Jan. 24,
2025), available at: https://www.ice.gov/news/releases/ice-ero-boston-arrests-haitian-gang-member-numerous-convictions.
\28\ See The Guardian ``Haiti declares state of emergency after
thousands of dangerous inmates escape'' (Mar. 4, 2024) (``Haiti has
declared a three-day state of emergency and a night-time curfew
after armed gangs stormed the country's two biggest jails, allowing
more than 3,000 dangerous criminals, including murderers and
kidnappers, to escape back on to the streets of the poor and
violence-racked Caribbean nation.''), available at: https://www.theguardian.com/world/2024/mar/04/haiti-mass-jailbreak-violence-port-au-prince-gangs; Al Jazeera, ``Haiti declares curfew after
4,000 inmates escape jail amid rising violence'' (Mar. 4, 2024)
(``Haiti's government has declared a state of emergency and imposed
a curfew after an explosion of gang-led violence over the weekend
saw thousands of prisoners escape after assaults on the country's
two biggest prisons.''), available at: https://www.aljazeera.com/news/2024/3/4/thousands-of-inmates-escape-prison-amid-deepening-haiti-violence; see also Reuters, ``Haiti prison break leaves 12
dead as inmates go hungry'' (Aug. 16, 2024) (``A prison break in the
Haitian city of Saint-Marc left 12 inmates dead on Friday, Mayor
Myriam Fievre said, the third such incident in Haiti in recent
months amid a protracted humanitarian crisis fueled by gang
violence.''), available at: https://www.reuters.com/world/americas/haitian-inmates-escape-prison-third-recent-jailbreak-miami-herald-says-2024-08-16/.
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In E.O. ``America First Policy Directive to the Secretary of
State,'' President Trump declared ``from this day forward, the foreign
policy of the United States shall champion core American interests and
always put America and American citizens first.'' Moreover, it
instructed ``as soon as practicable, the Secretary of State shall issue
guidance bringing the Department of State's policies, programs,
personnel, and operations in line with an America First foreign policy,
which puts America and its interests first.'' \29\ The current
situation in Haiti is concerning. However, the United States must
prioritize its national interests, which includes assessing foreign
policy, public safety, national security, migration factors,
immigration policy, and economic considerations. In considering
[[Page 28764]]
these factors individually and cumulatively, the Secretary has
determined that permitting Haitian nationals to remain temporarily in
the United States is contrary to the U.S. national interest.
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\29\ 90 FR 8337.
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DHS estimates there are approximately 348,187 nationals of Haiti
(and aliens having no nationality who last habitually resided in Haiti)
who hold TPS under Haiti's designation.\30\
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\30\ As of May 1, 2025, approximately 15,578 of these Haitian
nationals (and aliens having no nationality who last habitually
resided in Haiti) are also approved as Lawful Permanent Residents.
Data queried by Department of Homeland Security, U.S. Citizenship
and Immigration Services, Office of Performance and Quality [May
2025].
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Effective Date of Termination of the Designation
The TPS statute provides that the termination of a country's TPS
designation may not be effective earlier than 60 days after the FRN is
published or, if later, the expiration of the most-recent previous
extension. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
The TPS statue authorizes the Secretary, at her discretion, to
allow for an extended ``orderly transition'' period with respect to the
termination and the expiration of any TPS-related documentation, such
as EADs. The Secretary, however, has determined in her discretion that
a 60-day transition period is sufficient and warranted here given the
Secretary's finding that continuing to permit the Haitian nationals to
remain temporarily in the United States is contrary to the U.S.
national interest. Moreover, adhering to the default statutory 60-day
period for orderly transition is consistent with the precedent of
previous TPS country terminations over the past few months and makes
clear that the United States is committed to clarity and consistency.
See INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3). Accordingly, the
termination of the Haiti TPS designation will be effective 60 days from
this notice's publication date.\31\
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\31\ See 8 CFR 244.19 (``Upon the termination of designation of
a foreign state, those nationals afforded temporary Protected Status
shall, upon the sixtieth (60th) day after the date notice of
termination is published in the Federal Register, or on the last day
of the most recent extension of designation by the [Secretary of
Homeland Security], automatically and without further notice or
right of appeal, lose Temporary Protected Status in the United
States. Such termination of a foreign state's designation is not
subject to appeal.'').
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DHS recognizes that Haiti TPS beneficiaries continue to be
employment authorized during the 60-day transition period.\32
\Accordingly, through this FRN, DHS automatically extends the validity
of certain EADs previously issued under the TPS designation of Haiti
through September 2, 2025. Therefore, as proof of continued employment
authorization through September 2, 2025, TPS beneficiaries can show
their EADs that have the notation A-12 or C-19 under Category and a
``Card Expires'' date of February, 3, 2026, August 3, 2025, 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.
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\32\ See INA 244(a)(1)(B), 8 U.S.C. 1254a(a)(1)(B); see also 8
CFR 244.13(b).
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The Secretary has considered putative reliance interests in the
Haiti TPS designation, especially when considering whether to allow for
an additional transition period akin to that allowed under certain
previous TPS terminations. Temporary Protected Status, as the name
itself makes clear, is an inherently temporary status. TPS designations
are time-limited and must be periodically reviewed, and TPS notices
clearly notify aliens of the designations' expiration dates, and
whether to allow for an orderly transition period is left to the
Secretary's unfettered discretion. See INA sec. 244(b)(3), (d)(3); 8
U.S.C. 1254a(b)(3), (d)(3). The statute inherently contemplates advance
notice of a termination by requiring timely publication of the
Secretary's determination and delaying the effective date of the
termination by at least 60 days after publication of a Federal Register
notice of the termination or, if later, the existing expiration date.
See INA sec. 244(b)(3)(A)-(B), (d)(3); 8 U.S.C. 1254a(b)(3)(A)-(B),
(d)(3).
Notice of the Termination of the TPS Designation of Haiti
By the authority vested in me as Secretary under INA section
244(b)(3), 8 U.S.C. 1254a(b)(3), I have reviewed, in consultation with
the appropriate U.S. Government agencies, (a) conditions in Haiti; and
(b) whether permitting the nationals of Haiti (and aliens having no
nationality who last habitually resided in Haiti) to remain temporarily
in the United States is contrary to the national interest of the United
States. Based on my review, I have determined that Haiti no longer
continues to meet the conditions for Temporary Protected Status (TPS)
under INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(1)(B),
and considering INA section 244(d)(3), 8 U.S.C. 1254a(d)(3), the
designation of Haiti for TPS is terminated effective at 11:59 p.m.,
local time, on September 2, 2025.
(2) Information concerning the termination of TPS for nationals of
Haiti (and aliens having no nationality who last habitually resided in
Haiti) will be available at local USCIS office upon publication of this
notice and through the USCIS Contact Center at 1-800-375-5283. This
information will be published on the USCIS website at www.uscis.gov.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-12224 Filed 6-27-25; 4:15 pm]
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