Department of Homeland Security acting secretary Elaine Duke has announced that the temporary protected status program for Haitians will be terminated with a delayed effective date of 18 months.

Key points:

  • Temporary protected status for Haitians will end July 22, 2019.
  • Haitians currently holding TPS will be required to reapply for employment authorization documents in order to legally work in the United States until the termination date.

Background: Temporary protected status allows certain nationals to legally remain in the U.S. and apply for an employment authorization document following a designation by DHS that conditions due to natural disasters, unrest or other extraordinary and temporary circumstances prevent them from returning home. Haiti was designated for TPS in 2010 following a 7.0 magnitude earthquake. When TPS for Haiti was extended in May, then-secretary John Kelly hinted that the status may be terminated upon the next review. More than 58,000 Haitians are in the U.S. on TPS.

BAL Analysis: Haitians holding TPS should take steps to reapply for employment authorization documents and explore options for other legal immigration routes.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact

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