Haitians Living in US Before Quake - Legally and Illegally - Now Allowed to Stay Additional 18 Months

UPDATE AND CORRECTION:

The previous post said the "protected" status applies to Haitians living in America legally. While that is true for Haitians on temporary work and student visas, the far more important truth is the "protected" status will also apply to Haitians living in the U.S. illegally.

Under the "Temporary Protected Status" granted by Homeland Security Secretary Janet Napolitano late Friday, any Haitian who illegally entered the United States or over-stayed a work or tourist visa will now be allowed to stay for an additional 18 months.

Homeland Security said this benefit will not apply to illegal immigrants who entered the U.S. after the Jan. 12 earthquake, but it is unclear how immigration authorities will be able to differentiate pre-earthquake Haitians from post-earthquake ones.

Napolitano estimates there are between 100,000 to 200,000 Haitians living in the US illegally either because they over-stayed their legal status or entered illegally.

Here are the relevant Napolitano quotes from a conference call with reporters earlier today in Washington.

On how this "protected" status might provide financial aid to Haiti:

"In a way it's sort of a timeout for Haitians in the United States who can begin to work, can get authorization to work and have some resources then to send back to Haiti themselves -- which is also a form of indirect economic relief."

On the number of Haitians with expired immigration status or who never obtained legal status who will be covered by this new policy:

"I've seen estimates of between 100,000 and 200,000 Haitian nationals currently in the country who do not have -- or who are not legally in the United States. TPS  (Temporary Protected Status) gives them sort of an intermediate immigration status. It allows them -- only for a period of 18 months, while Haiti gets back on its feet -- to reamin in the United States and authorizes them to work during that period, among other things. And that obviously allows them to be able to send remittances back to Haiti, which, as I said earlier, is itself a form of indirect economic assistance to the country."

On why the decision was made to grant TPS:

"This is going to be a long-term issue for Haiti. Their entire infrastructure as a country has now been severely damaged. And in light of this, it was the judgment of President Obama -- it was my judgment, the judgment of the administration and others -- that this was a situation that TPS was designed to cover. We have ordered that it be implemented, and we are in the process of doing that. And what we ask from those out there who are in the media is, to, No. 1 continue to reassure the people of Haiti that food, water, shelter, medical care and long-term assistance efforts are well underway, both from the United States and nations around the world. This is really awakened the entire world's conscience. And No. 2, explain what TPS and who TPS covers -- that it will not cover anyone who comes to the United States after the date of the earthquake. It's designed to cover those who were here already.  Looking at the statute in relation to this terrible earthquake that has befallen the people of Haiti -- knowing that the statute was written with this precise situation in mind, and that this is how the statute is intended to be used. There was consultation as well with President Obama and the White House, as well as with the Department of State."

The official statement from Secretary Napolitano begins here:

"As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.

“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way. The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.

“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department-the lead U.S. federal agencies in the response-while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.

“Haitians in the U.S. who are eligible to apply for TPS should go to www.uscis.gov or call USCIS toll-free at (800) 375-5283.”