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Biden Administration’s Reckless Handling of TPS Status for Haitians

CIUDAD ACUNA, MEX- SEPT 16: Migrants cross back and forth between the United States and Mexico at the Rio Grande in Ciudad Acuna, Mexico on Thursday, Sept. 16, 2021. Thousands of migrants, mostly from Haiti have arrived in the area over night. Del Rio has seen an influx of migrants mostly from Haiti since early 2021. (Sergio Flores for The Washington Post via Getty Images)

The Trump tenure saw a bold reversal of certain policies that previously allowed around half a million Haitians to seek shelter from deportation. These Haitians may now face the risk of losing their work permits. Thus, it became more than possible for them to be ushered out of the country by August. This move was a part of broader efforts during the Trump reign to honor a host of campaign vows which included conducting mass deportations.

The Trump administration specifically aimed to restrict the use of the Temporary Protected Status (TPS) designation. It’s interesting to note that TPS was wildly augmented under the Biden administration to cover nearly 1 million immigrants. In a rather ill-advised decision, the Biden administration had chosen to renew Temporary Protected Status for Haitians, making them legally entitled to stay in the country while denying them a clear long-term path to citizenship.

The Department of Homeland Security brought untold chaos by annulling this decision. Individuals sailing on the boat of TPS are dependent on government will when their status expires. Critics, particularly Republicans and Trump’s administration, argued that as years roll by, the renewal becomes somewhat automatic, without any regard for the conditions in the individuals’ home country.

The Department of Homeland Security estimated that around 57,000 Haitians were eligible for TPS protections in 2011. However, by July of 2021, this figure ballooned to an estimated 520,694. The shocking increase underscores the reckless handling of immigration in the past year.

Farah Larrieux, a Haitian who moved to the U.S. in 2005 and benefited from TPS since 2010, expressed distress at the decision. According to her, this exposes the lack of understanding from officials about the current conditions in Haiti. Notwithstanding Larrieux’s claim, one has to question why she should expect the international community to shoulder the burdens of a failed state.

It remains uncertain as to what time span would be given for these individuals to arrange for their departure once their protections run out. Some might seek other forms of protection, and executing such large-scale deportations presents a logistical nightmare.

Rumors float that a paltry 21 Haitians got deported under the Trump reign so far, according to Jean Negot Bonheur Delva, Haiti’s migration director. The UN reported that over 5,600 people met their death in the chaos of Haiti last year. The living conditions of the displaced Haitians are nothing but dire, with people living in cramped up shelters, including abandoned government buildings where sexual assaults were sharply on the rise.

Gangs, in a show of unchecked power, control around 85% of Haiti’s capital. They continue to unleash further waves of terror to stake claim on even more territory. The ever-increasing number of massacres has resulted in the tragic loss of hundreds of civilian lives.

Haiti’s government recently set up a commission to support those caught in the crossfire of deportation. As per Delva, they are children of Haiti who must be received back, irrespective of where they come from. His sentiment, although emotionally resonant, is a stern reminder of the dire state of affairs and the pressing need for Haiti to get its house in order.

The Temporary Protected Status (TPS) is a brainchild of the Congressional Act of 1990. It was crafted to prevent deportations to countries ravaged by natural calamities or internal conflicts. Authorization to work could be granted for durations extending up to 18 months each time.

As the curtain fell on the Biden reign, TPS shielded 1 million immigrants from 17 countries, including Venezuela, Haiti, Honduras, Nicaragua, Afghanistan, Sudan, Ukraine and Lebanon. This significant number brings to light the unchecked and haphazard application of the TPS under the Biden administration.

In spite of the overwhelming evidence of mismanagement, the Trump administration attempted to streamline the process by ending protections for Venezuelans. This bold step was part of the considerable efforts made to restore fairness to immigration policies and respect for the rule of law.

Consequently, the overinflated TPS bubble looks set to burst. While well-meaning, the gaping holes in its design and application, largely exacerbated by the Biden administration, are becoming increasingly evident.

Despite these glaring inadequacies, the Biden administration strangely decided in favor of renewing the TPS for Haitians. This controversial move led to giving unchecked legal authority to these individuals to stay in the country, severely undermining the principles of legal immigration.

Fortunately, the Department of Homeland Security intervened to correct the course, shaking off the ill-conceived plan of the Biden administration. The decision provides a way for the government to reassess the TPS renewals and offer a balanced and fair solution in the best interest of both the U.S. and the immigrant communities.