The Supreme Court cleared the way for the Trump administration to end Temporary Protected Status for Haitians, and immigration advocates say now is the time to prepare.
More than 350,000 Haitians are expected to lose their legal authorization to live and work in the U.S. on July 24, leaving them vulnerable to detention and deportation if they do not have another lawful immigration status.
For months, organizations such as the San Diego-based Haitian Bridge Alliance, the Miami-based Florida Immigrant Coalition and Americans for Immigrant Justice urged Haitians in South Florida and other areas with large populations, such as Springfield, Ohio, to prepare for the possibility of losing their TPS. Now, advocates say, those preparations are urgent.
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“As much as we fight, and we will continue to fight, we want to make sure people are prepared and also have the right information so that they can make the right decisions for themselves,” said Guerline Jozef, co-founder and executive director of the Haitian Bridge Alliance.
Airport and hotel food and beverage workers with the Unite Here Local 355 union hold a news conference July 10 at Fort Lauderdale-Hollywood International Airport in Fort Lauderdale, Fla., demanding an extension of Temporary Protected Status for Haitians.
For families, especially those with children, that means coming up with a plan now.
“If God forbid you leave home, and you come in contact with (Immigration and Customs Enforcement) and are unable to get back home, who’s going to pick up your children from school?” Jozef said she said about the difficult questions people must now consider. “Who knows what kind of medications they should have? Who has access to your bank account? Car registration? Because when they take you, they just leave your car, and it gets towed. Who knows where your house mortgage papers are?”
People who are about to lose their TPS status also need to think about what will happen when they get to Haiti if they are deported.
The goal, Jozef said, isn’t to scare immigrants but to ensure they have the right tools and plans in place.
“It’s not something just the Haitian community needs, but everybody needs to have an emergency plan,” she said, including asylum seekers and undocumented migrants. Even those pursuing other visas or asylum could be vulnerable to detention; the Trump administration detained asylum seekers and even green-card applicants who are spouses of U.S. citizens.
Advocacy groups and some members of Congress, including the office of Miami Gardens Democratic Rep. Frederica Wilson, encourage families to prepare emergency plans and consult qualified immigration attorneys. They also urge immigrants to be wary of scams from people who are not lawyers or charge exorbitant fees while promising help that may not exist.
Marc Nenejeudy attends a July 9 rally, which called for protections for Temporary Protected Status holders and other immigrants after the Trump administration stripped many of them of legal protections against deportation, at the Little Haiti Cultural Center in Miami, Fla.
What documents are needed?
Collect and keep in a safe place official identity and immigration documents such as passports, birth certificates, identification cards, Social Security cards and records showing length of time in the U.S. Also gather property and financial records including mortgage documents, bank account information, insurance policies and medical records.
Seek out a qualified immigration attorney and talk with family about emergency plans and powers of attorney.
Consider making arrangements for:
Bank and retirement accounts or pensions
Your home or rental property
Life insurance policies and investments
Your vehicle
Bills and recurring payments
What happens to U.S.-born children?
Lawyers and advocates strongly recommend naming a trusted caregiver to serve as guardian of minor children and drafting a power of attorney to allow decisions to be made on matters such as medical care, education, housing, etc.
Advocates recommend having age-appropriate conversations with children about what to do if a parent does not return home. Children should know who to call in an emergency, who will pick them up from school and who will care for them. Leave a list of contacts to reach out to if parents are detained.
Airport and hotel food and beverage workers with the Unite Here Local 355 union hold a July 10 news conference at Fort Lauderdale-Hollywood International Airport in Fort Lauderdale, Fla., demanding an extension of Temporary Protected Status for Haitians.
Can a representative in Congress help?
Congressional offices cannot communicate with federal agencies about an individual case unless the office has written permission from the person involved. TPS holders are encouraged to complete a Congressional Privacy Release Form as soon as possible, sign it and leave a copy with someone they trust who can submit it if they are detained. Also make an electronic copy of the document.
The form should be renewed every 90 days if needed.
Should a lawyer be consulted?
Speak with a qualified, licensed immigration attorney to see if you qualify for another form of immigration relief such as family-based residence or employment-based options, humanitarian protections or asylum/withholding. Eligibility depends on your individual circumstance, not TPS alone. There also may be legal clinics in your area that can help.
If no legal options are available, you may wish to discuss voluntary departure or other available processes with your attorney.
People attend a July 9 rally, which called for protections for Temporary Protected Status holders and other immigrants after the Trump administration stripped many of them of legal protections against deportation, at the Little Haiti Cultural Center in Miami, Fla.
Will deportation be automatic when TPS ends?
Deportations are not automatic the day TPS ends; generally, people return to the status they had before TPS.
If you stay in the U.S. without another status after TPS ends, you will be considered undocumented and removable. That can lead to arrest, detention and deportation, and make future entry into the U.S. difficult if not impossible. U.S. law automatically bars people from coming back to the U.S. if they stayed unlawfully for more than six months.
If you had a prior removal order before you received TPS, seek the advice of an attorney as soon as possible, because you may be subject to arrest, detention and removal.
You should memorize the numbers of a qualified lawyer or someone who can contact one on your behalf if you are detained.
If you or someone you know is in immigration detention, you can call the Americans for Immigrant Justice national Detention Program Hotline at 786-454-8554, Mondays through Thursdays, 9 a.m. to 11:30 a.m. ET and 1:30 p.m. to 4 p.m. ET.
