United States Department of State - National Lawyers Guild...United States Department of State ·...

Sejal Zota National Immigration Project

of the National Lawyers Guild Suite 602 14 Beacon Street Boston, MA 02108

Dear Ms. Zota:

United States Department of State

Washington, D.C. 20520

May 7, 2018

Case No. F-2017-17275 Segments S/ES-S-0002,

0003 0004 0005

I refer to our letter dated April 27, 2018, regarding the release of certain Department of State records under the Freedom of Information Act (the "FOIA"), 5 U.S.C. § 552. We have processed more than 1500 pages, and have located 60 responsive records. We have determined that 7 documents may be released in full , 40 may be released in part, and 13 must be denied in full.

An enclosure explains the FOIA exemptions and other grounds for withholding material. Where we have made excisions, the applicable FOIA exemptions are marked on the document. The documents withheld in full were withheld pursuant to FOIA Exemption, § U.S.C. 552(b)(5). All non-exempt material that is reasonably segregable from the exempt material has been released. All released material is enclosed.

If you have any questions, you may contact Assistant United States Attorney Caleb Hayes-Deats at (212) 637-2699 or by email at [email protected]. Please refer to the associated FOIA request number, F-2017-17275, and the civil action number, 18-cv-00659, in all communications regarding this case.

(]°~~ .. £ Eric F. Stein, Director Office of Information Programs and Services

Enclosures: As stated

UNCLASSIFIED U . .S. Department of State Case No. F-2017-17275 Doc No. C06535832 Date: 05/07/2018

SENATqR DAPHNE CAMPBELL 38th Dtslrict ·

October 19, :w I 7

THE FLORIDA SENATE Tallahassee, Florida 32399-1100

Tire Honorable Secretary 11f State Rex l'illcrson U.S. Deparlmcllf of State

· 2:;01 C Street, N.W. Washitigton, DC 20520

d-0\'l r1 \·11

COMMITTEES:

RELEASE IN '1

.

FULL . .

· Appropri~tions Subcomnutlce on Ftnance ann Tax · Appropnaltons Subr.omnutlee on General Government Children. Fan~ilies and Elder Affairs Comn1unicalions Energy. and Publrc Ulllttres Communiiy Affairs ·

JOINT COMMITTEE: . Jornt Admonistralive Procedures Comn1ttlee

RE: Mcrtiug Hcquc.·st -Tcmpuran• Protected Status (TPS) for 60.1100 Haitians Li\'ing In the United States

Dear Sccre1ary Tillc.rson: ..

As Stale Senator tor Dislricl JX, lmri writing lo request a rncC:ling with you or someone from your staff for about 5-10 minu1cs to discuss the Temporary Protcclcd Status program. Anytime on November 2, 2017 between the hours of' 10:00 am and 4:00pm would be great bul 1 am willing to adjust to another t:llltvenicnt date <Jmltimc of your choi~.:c. ·

As expressed lo you in my letters written on June 5, 2017 and September 26, 2017. 1 a.m thankful to you for extending.. the Temporal)' Prote'cted Status (TPS) for the almost 60,000 Haitians living in the United States lor six months uitli.l January 22. 201 R however, my colleague, Rcpresemalivc AI Jacqtiet (Dist. S8) and I, request that you exteitd the TPS program for an additional cighte~:n months.

·1 he Representative and. I have hoth filed legislation in I he stale of Florida lo express our deepest conccrns regarding !he TPS. We look forward to hearing from you rea II)· soon concerning this urgent request for a.

-meeting. Your assistance. ~otal support, and cooperation in extending the Temporary Protected Stains and· any leg<~ I allegations thereafter is great IS' appreciated. I can be re;tchcd at the above address and phone numbers. [{eprcsenlativ.:: t\l.lacquet can be reached at the following: District Uf1ice: 314 11'1' Street, West I' aim Beach, FL· 33401 (561) 650- 6X:I6 or Capitol Oflice: 1302 The Capitol, 40: South tvlonroe Street, Tallahassee, Fl. 32399 (XSO) 717-5088. · ·

Sincet;cly,

~_2/J ._-.' -{,..__., f0.0·(JI./:.,/',tJ-d.(~.--

u. Daphne c:unpbcll, RN State Senator, District JX

n~;PLY ro. ::J 6JJ N.E. 167th Stre~l. SutiP. 1101. North Miam• Reach. Flon~a JJ1G2 (305) 403-6009 "J 216 Sena;~ Offrce Ouild~ng. •:0-1 Soutn fc1onroe Street, Tallall<lssec. Fl01itf~ 32399·1100 (8o0) 487-503B

JOE NEGRON President of the Senate

Scnrue's \'Vebs·tc \',1\WJ.I/senate.go~

ANITERE FLORES President Pro Tempore

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535832 Dc;~te: 05/07/2018

. . UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535e51 Date: 05/07/2018 J

[RELEASE IN PART 85

Hartmann, Lorraine (Lori) ·------

From: Sent:

·To: Cc: Subject:

) Attachments:

Taryn,

Hall, Travis J Tuesday, October 31, 2017 12:42 PM . Frideres, Taryn F

·. S_SpeciaiAssistants

FW: 201716812: TPS in Central America r=~~~~---~---.

(R_ 406416) AM to S- TPS 10-25-2017.docx; (S_ 406566) (S_406436) Tab 2-1-. -~------!Correspondence to DHS Actir.~g Secretary Duke 10-25-2017 _Edits.docx; (S_ 406438) Tab 4 - TPS Termination Foreign· Policy Implications 10-25-20i7.docx; (S_406439) Tab 5- El Salvador- TPS Country Conditions Report 10-25-2017.docx; (S_ 406440). Tab 6- Haiti TPS Country Conditions Report 10-25-2017.docx; (S_ 40644i) Tab 7 - Honduras TPS Country Conditions Report

10-25-2017.docx; (>_406442) Tab 8- Nicaragua TPS Country Conditions Report 10-25-2017.docx; (S_ 406443) Tab 9- Over\liew of Temporary Protected Status 10-25-2017.docx

Over to you. Let me know if you catch anything. Thanks!

Travis

From: Hall~ Travis J Sent: Tuesday, October 31, 2017 12:41 PM To: Hall, Travis J Subject: 201716812: TPS in Central America

Official ~ SBU. UNCLASSIFIED

UNCLASSIFIED

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. Cb6535851 Date: 05/07/2018

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·UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535858 Date: 05/07/2018

201716812 United States Department of State

· Washington, D.C 20520

. SENSITIVE BUT UNCLASSIFIED. · · October 26, 2017

ACTION MEMO FOR THE SECRETARY

FROM: PRM- Simon Henshaw, Acting . WHA -Francisco L. Palmieri, Acting

SUBJECT: (SBU) Recommendation Regarding Temporary Protected Status (TPS) for Honduras, Nicaragua, Haiti,,and EI. Salvador

· SENSITIVE BUT UNCLASSIFIED

'

RELEASE IN PART I 85,86 I

UNCLAS$1FIED U.S. Department of State Case No, F-2017-17275 Doc No. C06535858 Date: 05/07/2018

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UNCLASSIFIED U.S. Departmel}t of State Case No. F-2017-17275 Doc No. C06535858 Date: 05/07/2018.

Background

SENSITIVE BUT UNCLASSIFIED ·2·

(SBU) TPS for Nicaragua and Honduras will expire January 5, 20 18~ for Haiti January 22, 20 18; and for El Salvador March 9, 2018. The DHS Secretary must review and decide whether to extend or terminate TPS designations no later than 60 days before expiration, and intends to make a decision on El Salvador, Honduras, and Nicaragua by November 3, and ·on Haiti by November 22. DHS requested that the Department provide a report and recommendation on whether the conditions for each country's TPS designation continue to be met and whether further extension, potential re-designation, or termination is w<panted. Based on your decision, the country reports will be edited accordingly and forwarded to DHS with the appropriate cover letter. ·

SENSITIVE BUT UNCLASSIFIED

. UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535858 Date: 05/07/2018

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535858 Date: 05/07/2018

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SENSITIVE BUT UNCLASSIFIED -3-


UNCLA.SSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535858 Date: 05/07/2018.

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. UNCLASSIFIED U.S. Department of State. Case No. F-2017-17275 Doc No. C06535858 Date: 05/07/2018

Attachnients:


Tab I i'___ "] . Tab 2 - PRM and WHA Assessment of the Foreign Policy Implications Tab 3 ~ Cpuntry Conditions Report for El Salvador Tab 4 .-Country Conditions Report for Haiti Tab 5 - Country Conditions Report for Honduras Tab 6- Country Conditions Report 'for Nicaragua Tab 7- Overview ofTPS


UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06S35858 Date: 05/07/2018

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-'/ .. ' SENSI!J"IVE BUT UNCLASSIFIED

. "5-

Approved: PRM- Simon Henshaw, Acting [SH]

Drafted:

Cleared: '.

WHA - Francisco L. Palmieri, Acting [FLP]

PRMIPIM ~Brook Hefright, ext. J-9209 and ho~e/cell: IL_ ___ --,.----'

PRM/FO - Margaret Pollack . WHA/FO - Kenneth Merten, Acting

WHNFO - John Creamer . PRM~IM-:-- Christopher Ashe · 0 -.Jamie Shufflebarger J- Richmond Blake P - Luis Mendez S/P- Taryn. Fride~es LIHRR - Anna Melamud · LIFO - Kathleen Hook· WHA/CEN - Eric Sigmon WH.AJHSC - Allyson Bowers

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Hartmann, Lorraine· (Lori)

From: Sent: To: Subject:

Neidhart de Ortiz, Jenifer l Tuesc:;lay, October 31, 2017 9:51AM String, Marik A

[RELEASE IN PART I 85 .

FW: 201716812: TPS in--;.=~'-'=-=---~----, AHachments: . (R_406416) AM to S- TPS 10-25-2017.docx; (S_

. For your files .. I am printing for D.

From: Donnell, Kathryn l

406434) Tab 1 Correspondence to DHS Acting Secretary Duke 1D-25-2017.docx; (5_406566} (5_406436) Jab 2 -c= ~__jCorrespondence · to DHS Acting Secretary Duke 10-25-2017 _Edits.docx; (S_ 406437} Tab 3 -1 I ...__ ___ _,Correspondence to DHS Acting Secretary Duke 10-25·2017.docx; (S_ 406438) Tab 4- TPS Termination Foreign Policy Implications 10-25-2017.docx; (S_ 406439}Tab 5- El Salvador- TPS Country Conditions Report 10-25-2017.docx; (S_ 406440) Tab 6 ·Haiti TPS Country Conditions Report 10-~5-2017.docx; (5_406441} Tab 7 - Honduras TPS Country Conditions Report 10-25-2017.docx; (S_ 406442) Tab 8 -Nicaragua TPS Country Conditions Report 10-25-2017.docx; (5_406443} Tab 9-Overview of Temporary Protected Status 10-25-2017.docx

.Sent: Tuesday, October 31, 2017 9:47AM To: Neidhart de Ortiz, Jenifer l Cc: S_SpeciaiAssistants Subject: 201716812: TPS in Central America

UNCLASSIFIED

UNCIJASSIFIED

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UNCLASSIFIED U.S. Department of State Case.No. F-2017-17275 Doc No. C06535908 Date: 05/07/2018 I . .

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Hartmann, Lorraine (Lori)

From: Sent: To: Cc: Subject: Attachments:

Taryn,

· Hall, Travis J

Friday,.October..~7, 2017 6:39 PM !UNCLASSIFIED! Frideres, Taryn F S_SpeciaiAssistants FW:·201716812: TPS in Central America

~~~~~=-------------~ (R_406416) AM to 5- - 10-25-2017.docx; (S_ 406434) Tab 1- · torrespondence to DHS Acting Secretary Duke 10-25-2017.docx; (5_406566) (S_406436)Tab 2 L . · . 1corresoondence to DHS Acting Secretary Duke 10-25-2017_Edits.docx; (S_406437) Tab 3 -1 · ]

I !correspondence to DHS Acting ~ecr.etary Duke 10-25-2017.docx; (S_ 406438) Tab 4 - TPS Termination Foreign Policy Implications 10-25-2017.docx; (5_ · 406439) Tap 5- El Salvador- TP5 Country Conditions Report 10.-25-2017.docx; (S_ 406440) Tab 6- Haiti TPS Country Conditions Report 10-25-2017.docx; (5_406441) Tab 7- Hopduras TPS Country Conditions Report 10-25-2017.docx; (5_406442) Tab 8-Nicaragua TP5 Country Conditions Report 10-25-2017.docx; (5_406443) Tab 9-Over~~iew of Temporary Protected Status 10-25-2017 .docx . . .

!RELEASE IN PART BSI

Here is the copy of the. memo and attachments we hav~ in Everest. ·

Travis

Official SECRI!:Th'NQFORN-. . l 'Classified By: Travis H~ll- Special Assistant, Office:S, Agency:U.S. Department of State Declassify On: I 0/27/2042 Reasons: Derived Per DSCG.

DECLASSIFIED BY Clarke N Ellis, Senior Reviewer 07 May 2018 ~------

[UNCLASSIFIED!


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UNCLASSIFIED U.S. Department of State Case No. F-2017~17275 Doc No. C06535960 Date: 05/07/2018

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FROM: PRM- Simon Henshaw, Acting WHA ~ Francisco L. Palmieri, Acting

201716812 United States Department of State

Washington, D.C 20510

October 26, 20 I 7

!RELEASE IN PART 85,861

SUBJECT: (SBU) Recommendation Regarding Temporary Prote~te<;l Status (TPS) for Honduras, Nicaragua,· Haiti, and El Salvador · ·

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UNG_LASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535960 Date: 05/07/2018

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535960 Date: 05/0712018

Background


(

(SBU) TPS for Nicaragua and Honduras will expire January 5, 20 18; for Haiti January 22, 20 18; and for El Salvador March 9, 20 I 8. The DHS Secretary must review and decide whether to · extend or terminate TPS designations no later than 60 days before expiration, arid intends to make a decision on El Salvador, Honduras, and Nicaragua by November 3, and on Haiti by November 22. DHS requested that the Department provide a report and recommendation on. · whether the conditions for each country's TPS pesignation continue to be met and whether. further extension, potential re-designation, or termination is warranted. Based on your decision, · the country reports will be ~dited accordingly and forwarded to DHS with the. appropriate cover letter.


UNCLASSIFIED U.S. Department of State Cas~ No. F-2017-17275 Doc No. C06535960 Date: 05/07/2018

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Attachments;

.Tab 3-

SENSITIVE BUT lJNCLASSIFIED . -4-

Tab 1-~---· Tab2-

~~--~~--~--~ Tab 4-- PRM cu,.d WHA Assessment of the Foreign Policy Implications Tabs·- Country Conditions Report for El Salvador Tab 6- Country Conditions Report. for Haiti Tab 7 -Country Conditions Report for Honduras Tab 8- Country Conditions R~port for Nicaragua Tab 9 - Overview of TPS


. UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06535960 Date: 05/07/2018 . . .

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UNCLASSIFIED. U.S. Department of State Case No. F-2017-17275 Doc No. C06535960 Date: 05/07/2018

·Approved:

Drafted:

Cleared:


PRM- Simon Henshaw, Acting WHA - Francisco L: Palmieri, Acting

~

[SH] . [FLP]

PRM/PIM- Brook Hefright, ext. 3-9209 and home/cell: L'--~---'1

PRM/FO - M~rgaret Pollack WHA/FO - Kenneth Merten, Acting WHAIFO - Johri Creamer· . . PRM/P.IM- Christopher Ashe D - Jamie Shufflebarger · J - Richmond Blake P.- Luis Mendez SIP- Taryn Frideres LIHRR - Anna Melamud LIFO·- Kathleen Hook WHA/CEN - Eric Sigmon WHA/HSC - Allyson Bowers

..

(ok) . (ok) (ok) (ok) (ok) (info by request)

•(info by request) (ok) (ok) (ok) (ok) (ok)

SENSITIVE BUT UNCLASSIFIED ; .


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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06536061 Date: 05/07/2018.


From: Sent: To: Subject:· Attachments:

S/ES ID: 201716812 Classification: Unclassified

Neidhart de Ortiz, Jenifer l Thursday, October26, 2017 4:14PM Neidhart de Ortiz, Jenifer l

RELEASE IN PART 85

201716812: TPS in Centrai,.:-A::..:m.:.;;;;e.:..:.ric=a'-----~---, (R_ 406416) AM to S - TPS I I- 10-25-2017.docx; (S_ 406434) Tab 1 -1 !correspondence to DHS Acting Secretary Duke 10-25-2017.docx; (S_ 406566) (S_ 4()6436) Tab 2 Correspondence to DHS Acting Secretary Duke 10-25-2017_Edits.docx; (~_406437)Jab 3 { ___ ~ I · . \Correspondence to,DHS Acting Secretary Duke 10-25-2017.docx; (S_ 406438) Tab 4- TPS Termination Foreign Policy Implications 10-25-2017.docx; (S_ 406439) Tab 5 - El Salvador TPS Country Conditions Report 10-25-2bl7.docx; (S;_ 406440) Tab 6- Haiti TPS Country Conditions Report 10-25-2017.docx; (5_ 406441) Tab .

· 7 - Honduras TPS Country Conditions Report 10·25-2017.docx; (5_ 406442) Tab 8 -Nicaragua TPS Country Conditions Report 10-25-2017.docx; (S_406443) Tab 9-Overview of Temporary Protected Status 10-25-2017.docx

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UNCLASSIFIED •,

Document Type/f\ction Requested: Action Memo For: S Organization: PRM Co-Drafter Bure·au: WHA Due Date: I 0/26/20 l7 12:00 PM Event Date: , Subject: TPS in Central America ' Description: Please prepare an action memo with attachments, if necessary, for the Secretary on TPS in Central America. THERE IS A STRICT TWO-PAGE LIMIT. Please clear with D, P, SIP, parent bureaus, and others as appropriate. Please refer to the ExecSec lnfoLink for guidance on what stationery to use for correspondence requiring the Secretary's signature. All video requests must include a draft script and a completed questionnaire. Notes/Special Instructions: 10/26 Clarification received from drafter. AFTER S DECISION, COUNTRY REPORTS MUST BE EDITED BY PRM, BEFORE TRANSMISSION TO DHS tiNDER COVER OF· . SIGNED LETTER. Clearances: D; P; SIP Copy To: D; P; SIP Must-Have: Yes


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. '' . UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06536063 Date: 05/07/2~18

Hartmann, lorraine ·(Lori)

·From: Sent: To: Subject: Attachments:

FYI

·Official - SBU UNCLASSIFIED

· From: Cheung, Michelle M

Mendez, Luis F . . Thursday, October 26, 2017 12:33 PM Snyder, Lorelei G

(

FW: Paper Moving Forward: 201716812 TPS in Central America

RELEASE IN PART 85

(S_ 406439) Tab 5 - El Salvador- TPS Country Conditions Report 10-25~2017.docx; (S'-406437) Tab 3 - Correspondence to DHS Acting Secretary Duke 10-25-2017.doci<; ($_406436) Tab 2- orrespondence to DHS Acting Secretary Duke 10-25-2017.docx; (R_ 406416) AM to S -I _I Recommendation- 10-25-2017.docx; (5_406434) Tab 1- T Correspondence to DHS Acting Secretary Duke 10·25-2017.docx; (S_406438) Tab 4-TPS Termination Foreign Policy Implications 10-25~2017.docx; (S_ 406441) Tab 7- · Honduras TPS Country Conditions Report 10-25-2017.docx; (S_ 406443) Tab 9 -Overview of Temporary Protected Status 10-25-2017.docx; .(S_ 406442) Tab 8- . Nicaragua TPS Country Conditions Report 10-25-2017.docx; (5_406440) Tab 6- Haiti TPS Country Conditions Report 10-25-2017.docx

Sent: Wednesday, October 25, 2017 8:~8 PM To: Mendez, Luis F; Blake, Richmond P Cc: SES-line_Only Subject: Paper Moving Forward: 201716812 TPS in Central America

Dear colleagues, .

The attached paper arrived on the Line without your clearance. However, due to time constraints, it must move forward: For any questions, please contact the prin~ipal's staff directly. ·

Thank you!

Michelle

Official - SBU UNCLASSIFIED

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. . . SENSITIVE BUT UNCLASSIFIED

RELEASE IN PART 85

(U) PRM andWHA Assessment of the Foreign Policy Implications ofDHS Termination of Temporary Protected Status for El Salvador, Haiti, Honduras, Nicaragua·

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UNCLASSIFIED U.S. ~apartment of State Case No. F-2017-17275 Doc No. C06536141 Date: 05/07/20f8



Blake, Richmond P · Thursday, October 26, 2017 9:08 AM .Boyd, Ian H Ghashghai, Khashayar M

RELEASE IN PART 85

.FW: Paper Moving Forward: 201716812 TPS in Central America (S_ 406439) Tab 5 - El Salvador- TPS Country Conditions Report 10-25-2017.docx; (S_ 406437) Tab 3 - to DHS Acting Secretary Duke 10-25-2017.docx;·(s_406436) Tab 2 Correspondence to DHS

Acting Secretary Duke 10-25-2017.docx; (R_406416) AM;.:.to:_S:::..._~,======;---' Recommendation- 10-25-2017.docx; (S_406434) Tab 1 ,___ ______ ___, Correspondence to DHS Acting Secretary Duke 10-25-2017.docx; (S_406438) Tab 4- · TPS Termination Foreign Policy Implications 10-25-2017.docx; (S_ 406441) Tab 7 -Honduras TPS Country Conditions Report 10-25-2017.docx; (S_406443) Tab 9-Overview oflemporary Protected Status 10-25-2017.docx; (S_406442) Tab 8-Nicaragua TPS Country Conditions Report 10-25-2017.docx; (S_406440) Tab 6- Haiti TPS Country Conditions Report 10-25-2017.docx

The TPS paper has been submitted to the Line. Final version attached. See the point below in , _________ ___,

Official - SBlJ UNCLASSIFIED

From: Cheung, Michelle M Sent: Wednesday, October 25, 2017 8:18PM To: Mendez, Luis F; Blake, Richmond ·P Cc: SES-Une_Only Subject: Paper Moving Forward: 201716812 TPS in Central America

Dear colleagues, · . .

The attached paper arrived on the line without your clearance. However, due to time constraints, it must move forward. For any questions, please contact the principal's .staff directly.

Thank you!

Michelle


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UNCLASSIFIED· U.S. Department of State Case No. F-2017-17275 Doc No. C06536212 Date: 05/07/2018

Hartmann, lorraine (Lori) I

From: Alvarez, Gladys Sent: To:

Monday, October'2j, 2017 9:20AM Mendez. luis F

Subject:

. Official - Transitory UNCLASSIFIED

FW: Note to S

·From: Mendez, Luis F . Sent: MondC!y, October 23, 2017 9:15 AM To: POEMS Transfer File Request Subject: FW: Note to s

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Please transfer this .email to the high side. It conta!ns no c~nfidential information. Thank y~u!

Official UNCLASSIFIED

From: Carl-Yoder, Samantha A Sent: Monday, October 23,2017 7:57AM To: Mendez, luis F <[email protected]> Cc: Snyder, lorelei G <[email protected]> Subject: FW: Note to S

C:ui ~~ou put this into a Note for S format for me? 1 t w1ll be fr01i1 P. he wants it in the system.

Thank!i Snm:wtha

Mr. Secretary:

1

RELEASE IN PART] BS l

UNCLASSIFIED U.S. Department of State Case·No. F-2017-17275 Doc No. C06536212 Date: 05/0712018

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UNCLASSIFIED U.S. Depa.rtment of State Case No. F-2017-17275 Doc No .. C06536212 Date: 05/07/2018

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UNCLASSIFIED U.S. Department' of State Case No. F-2017-17275 Doc No. C06536212 Date: 05/07/2018


VIR

Tom

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tinital ~tatrs ~matr

The Honorable Rex Tillerson U.S. Secretary of State u.s. Department of State 2201-CStNW Washington, DC 20520

The Honor.tble Elaine Duke

WASHINGTON. DC 20510

October 31, 2017

Acting U.S. Secretary of Homeland Security U;S. Department of Homeland Security 3801 Nebraska Avenue, NW. Washington, DC 20530

Dear Secretary Tillerson and Acting Secretary Duke:

-c:::lt -0 n -i <..,)

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We write to request that you consider extending the Temporary Protected Status (TPS) designation of approximately 58,000 Haitians who are temporarily living and working lawfully in the United States' by November 23, 2017 .. We respectfully urge you to review Haiti's TPS designation closely, taking into consideration the devastating conditions that still exist on the ground, and to extend TPS for Haitians for an additional 18 months, as dangerous conditions persist and pose a serious risk to the health and safety of Haitian TPS ho.lders if they were to be returned to the country in its cuJTent condition. Terminating Haiti's TPS designation wquld jeopardize regional stability and security. undermine our nation's values of compassion and welcome, and impair Haiti's fragile recovery efforts, placing tens of thousands of families in harm's way.

. ..

Congress established TPS nearly thirty years ago in the Immigration Act of 19902 to afford the administration the opportunity to otTer protection and shelter to foreign nationals unable to safely ·return to their .home countries due to natural disaster, armed conflict, or other extraordinary· conditions. Since then, TPS has served its critical humanitarian purpose that Congress intended-a promise to allow vulnerable individuals to remain in the United States while their countries recovered. TPS has also helped to facilitate recovery and stabilization .effons, as eountries focus on rebuilding- often with the support of critically-needed remittances- without having to deal with lhe strain of reintegrating large. numbers of returning nationals.

Eligi!:>le Haitians were first granted TPS status in the U.S. in 2010, following a·7.0 magnitude earthquake, affecting one-third of Haiti's population. displacing U million people, and causing

. 1 C•rl• AQIUelo, Temporary Ptn~ecrcd S1arus CurrcnllmmiJIIllliOO Policy and lssun, Con@rusconel Research Se,..rce, RSl0844, Jllll I?, 2017. availablo at b!U!& /lfnorsf•gplcrJ!bom!!!!!CIR$201!4,1!11f. '!m1J1rsra11on Act of 1990, P!Jb L 101·649, 104 S!et 4978. .

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UNCLASSIFIED ·u.S. Department of State Case No. F-2017-17275 Doc No. C06541418 Date: 05/07/2018

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UNCLASSIFIED U.S. Departmentof ~~ate Case No. F-2017~17275 Doc No. C06541418 Date: 05/07/2018

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catastrophic damage to the country's infrastructure. United Nations humaoitarian efforts . following the earthquake introduced cholera, killing thousands as people continue to be sickened

by the disease every year. In Haiti,. the cholera epidemic persists because. of weak water and sanitation infrastructure, lack of access to quality medical care, and high population density in urban areas.

Subsequent natural disasters significantly impaired Haiti's post-earthquake recovery. In October 2016, Hurricane Matthew made landfall in Haiti, the worst hurricane to hit Haiti in 52 years, costing Haiti $2.8 billion (32% of its GDP) and leaving 175,000 people without housing. Heavy rain in late ApriJ 2017 destroyed an estimated 80% of the spring harvest in southern Haiti and affected 350,000 people. The U.S. government reported that 30% of Haitians had limited access · to food, 40% lack access to fundamental health care, and there remains limited water, food, and sanitation. By the end of August 2017, 2.35 million people faced severe acute food insecurity, nearly 38,000 internally displaced people live in camps, 200,000 earthquake victims remain in a camp. that was renamed a "settlement" (Canaan), 2.1 million people remain affected by · Hurricane Matthew, and 1.4 million are in need of humanitarian assistance. Additionally, flooding from Hurricanes Irma and Maria have had a detrimental impact and further complicate Haiti's ability to recover,3 Haiti has a long road ahead to rebuild destroyed homes, schools, agricultural crops and livestock, while widespread hunger, political and economic instability persist. 4

•

T~S was created to provide protection to those in the United Stat~~~hen it is unsafe for their return home5 • precisely the conditions Haiti faces today. Although any TPS designation is indeed temporary, it is critical to understand the spectrum of a country's length of recovery after conflict or disaster. TPS is reserved for situations in which countries have been truly devastated such that returning poses a grave danger to the public: The events of the past seven years in Haiti are unprece.dented. The Haitian government has made progress- however the pace has been slow and interrupted due to subsequent natural disasters beyond the government's control. Given the series of ca·tastrophic natural disasters, the Haiti government formally requested an IS-month extension ofTPS. It is clear that the United States should extend TPS for Haitians for another 18 months and recommit to helping Haiti address its ongoing food insecurity, public health · concerns, and economic instability .

. TPS holders regularly make a positive impact on our country's ec<?nomy. Each year TPS holders contribute hundreds of millions of dollars in federal tax revenue. 6 TPS holders undergo security vetting and biometric checks, obtain employment authorization, and anyone with a serious criminal record or who is found to be a national security threat is ineligible for TPS. Haitians with TPS are employed in nursing homes and ·as home health aides, filling a critical gap in chronically understaffed healthcare fields.' There would be a profound impact on the country as a whole if essential workers were removed from their jobs.

' http:llwww.miamiherald.com/news/nation-worldlworld/amenca.Vhaiti/aniclei722688S7.html • https :!/rei refweb intfreporVhaitiihalli·humaniuinan-sn apshot·august ·20 17 >Sec Immigration and NatronahlyAct § 244(b)(J)(8 U.S C.§ 12S4a(b)(l)) • Raran, Amanda, Jose Magafta·Salgado, and Tom K. Wong. 2017. Economic Cantnbultans by So/vadora,, Honduran, and Haittar~ TPS Holders Washington. DC: Immigrant Legal Resource Center (hllps'//www iln:.org/sit~!ifdefaull/lilcs/resources/201 7·04· I 8 _economic_ contributions _by_ salvadoran_ honduran _and_ hattran _tps _holders .pdf) · ·.) 'McCabe, Kristen. 2012. "Foreign-Born llealth Care Workers in th~ United States" Washington, DC: Migration Policy Institute. (http.llww'!' migretionpolicy.org/article/fore•gn·bom-health·care·workers-unlled-statcstiS)


UNCLASSIFIED U.S. Department of State Case _No. F-2017-17275 Doc No. C06541418 ·Date: 05/07/2018

Haitian TPS holders are also providing critical economic support to family members still in Haiti. Reports found that remittances to Haiti exceeded $2 billion· or 22.7 percent of Haiti's GOP in 20 15; $1.3 billion coming from the U.S. It is estimated that the remittances support at least 320,000 relatives in Haiti. Terminating TPS before Haiti has sufficiently recovered would have a profoundly de~tabilizing effect. It will be felt by Haiti, their neighbors, and inevitably at the U.S. borders. Giving Haiti more time to rebuild and recover from the extraordinary events of the past seven years will protect the lives of vulnerable· people and mitigate strains on the. U.S.

· economy and the immigration system.

We hope that you will consider all of these factors. a:s you move forward in evaluating the extension of Haiti's TPS expiration date, and we look forward to your response.

Kirsten Gillibrand United States Senator

.· J #~ cd Z!, :YA.Booker

United States Senator

Sincerely,_

Charles E. Schumer United States Senator

United States Senator

•

\.


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\ . Table of Contents

Acknowledgements i

Execative Summary

I. TPS Designation: Statutory Criteria 4

r II.· Introduction: An Unprecedented Natural Qisaster and Public Health 7

Cnsis...,..Compounded by Hurricane Matthew

Ill. Country Conditions: Extraordinary and Temporary Conditions

Remain that Prevent the Safe Return of Haitian Nationals

· A. · Country Condition 1: IDP Camps Have Shut Down, but

Displacement Persists

B. Country Condition 2: The Earthquake Decimated Homes and . . /

Physical Infrastructure-and After ~~ars of Rebuilding. Matthew

Caused Setbacks .

C. Country. Condition 3: Public Health-From Earthquake to

Outbreak-lncomp.lete Cholera Recovery Places Public Health at Risk ·

9

9

11

15

D. Country Condition 4: Continue~ Food Insecurity Constitutes a· 18

Major Threat to Potential Returnees

IV. Haiti Is in a Moment of Unique-Transition-The Need for Stability Is 22

Particularly Acute and Would Be Jeopardized by the Termination of TPS

V. Conclusion 26

Cover Photo: Canaan, Haiti. Januar_y '2911. Credlt: Ellie Happel

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Acknowledg~ments

Global Justice Clinic

The Global Justice Clinic (GJC) at New York University School. of Law*

provides, high-quality, professional human rights lawyering services to ,

· rndividual clients and nongovernmental and ·intergovernmental human

rights organizations, partnering with groups based in the United States and

abroad. Acting as legal advisers, counsel, co-counsel, or advocacy partners,

· GJC students work side by side with human rights activists from around the

world. Since its founding, GJC has worked on human rights 1ssues in Haiti.

Marga~etSatterthwaite is Director of GJC; Ellie Happel is Director of tti'e GJC

Haiti Project and Staff Attorney. )

Principal Authors

Ellie Happel

Nathan Yaffe ' ·

Advice, Editorial Review,

and Other Support

Jessica Hsu

· Nikki Reisch

Copy Editing_

Boomie Aglietti -

Contributing Authors

Hira Ahmed J

Marc Cohen, Oxfam America

Jennifer lsmat

Selene Natisi

Cite Checking

Hira Ahmeq

Deirdre Dlugoleski

Ava.Haghighi

Alyssa lsidoridy

Alexander Levin

Selene Nafisi

Sara Robinson

Editor

Margaret L. Satterthwaite .

Photos

Ellie Happel

Jessica Hsu

Allison· Shelley

Design and.Layc;~ut

John .Emerson

SooYoung VanDeMark

Extraordinary Conditions: A Statutory Analysis of Haiti's Qualification tor TPS

©October 2017, Global Justice Clinic.

* Communications from NYU law clinics do not purport to represent the school's v1ews, 1f any .

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r·


Executive Summary

Since the U.S. government designa~ed Haiti for

Temporary Protected Status (TPS) in January

2010 after one of the world's worst ~atural disas

ters, the country has undergone two additional

catastrophies: the outbreak of cholera. intro

duced into Haiti's waterways through reckless

sanitation at a United Nations military base, and

Hurricane Matthew. the strongest hurricane to. hit

Haiti in more than half a century. The Department

of Homeland Security (DHS) designates countries

for TPS in cases of ongoing armed conftict,natu

ral disaster. or other extraordinary and temporary_

conditions ,that prevent the nationals of those

· countries who have emigrated from safely return

ing to their home country. The DHS redesignated

. Haiti for TPS in 2011, emphasizi-ng the gravity of

the damage that the earthquake had caused and

the severity of one of the world's worst cholera

outbreaks. TPS has been-extended for Haiti four

times since redesignation. 1

The condit1ons for which TPS is in effect

remain. making it unsafe for Haitian nationals to

return. These conditions include a housing·cnsis

that has left families stranded in camps and in un

safe. makeshift shelters to this day; a cholera out

break, sparked by United Nations troops'iust 10

months after the earthquake, which has caused

nearly 10,000 deaths and more than 815,000 cas

es of illness-in a country of fewer than 11 million

people; 2 and a period of extreme hunger and mal

nutrition caused by drought and storms and ex

acerbated by the economic shocks of the earth

quake and Hurricane Matthew. Matthew hit one of

Haiti's key food-producing areas.

Although these events and conditions are

extraordinary and harsh. they are temporary. The

Haitian government has made impressive prog

ress in reducing the number of cases of cholera and resulting deaths. As of 2017, Haiti finally has

an elected president and a full parliament. for the

first time since 2012.

This repor-t presents the extraordinary c_on

ditions in Haiti that prevent nationals from safely

returning today. This report also discusses the

unique political moment in which Haiti finds it

self-a moment whiph contrib-utes to the coun

try's challenges with stability and security, im

peding its ability to safely receive its nationals. But it also shows where progress has been made,

demonstrating that the conditions described

here-while together constituting a pressing so

cial and public health crisis-remain temporary.

Displacement Continues · The Haitian government is still working to provide

effective solutions to the massive displacement

caused by the 2010 earthquake and Hurricane

Matthew. Immediately after the 2010 earth

quake, more than 2.3 million individuals were

displaced.3 As of September 2017, an estimated

37,967 of those uprooted by the earthqu~ke re

main in formal displacement camps, though the

data is incomplete and likely does not reftect the

full extent of the problem. 4 The ongoing migration

crisis on the Haiti-Dominican Republic border,

coupled with Hurncane Matthew's recent devas

tation of homes and livelihoods in the southern

departments of ttaiti. has caused further home

lessness. Hurricane Matthew displaced 180,000

individuals in October 2016, many of whom have

'· 1


''


fled to overcrowded and unsafe living situations

in Port-au-Prince and other larger cities to ac

cess sh.elter, food and education.~ Thousands

more Haitians live in squalid camps on the Haiti

Dominican Republic border.

Unsafe Housing Remains a Challenge It is unsafe for Haitians living in the Un1ted States

to return to Haiti at this time because of the

continuing housing crisis and the degradation

of living conditions in Haiti occasioned by .the

earthquake, which have been exacerbated by

Hurricane Matthew. Most of the post-earthquake

reconstruction and response effbrts were temporary measures. leaving individuals vulnerable

to inadequate housing conditions and to further

devastation from future natural disasters. In 2016.

Hurricane Matthew destroyed 104,000 houses

and damaged 133,000 others, affecting the well

bemg of more than two million people.6 Living

conditions across Haiti-particularly in internally

displaced person (lOP) camps and informal set

tlemEmts-continue to be largely inadequate and

unsat.e. This report profiles Canaan. a makeshift,

informal settlement outside of Port-au-Prince

created shortly afte.r .the earthquake. Upwards. of

200,000 people live in Canaan.7 The conditions

there are dire: individuals lack access to basic

government services-rncluding water, health

care, and waste management-and violence has

erupted at times due to uncertain land tenure ..

Canaan is but one example of the many informal·

and unsafe settlements across Haiti into which

many returning Haitian nationals might be forced

to move, due to insufficient housing stock across the country.

Cholera Continues to Kill While Haiti has made considerable progress in

responding to the cholera outbreak with support

from the international community, the ongo

ing epidemic continues to make Haiti unsafe for

return at this time. l'h 2o'16, Haiti was home to

n.early one in three cases of cholera worldwide. 8

After Hurricane Matthew, the monthly number

of .suspected cholera. cases more than doubled ..

from 2236 in September 2.016 to 5100 in October

2016.9 Hurri~ane Matthew not only exacerbat

ed the cholera epidemic but also has impeded

progress on the necessary infrastructure to keep

Haitians. safe from cholera. The United Nations

has projected that 30.000 people in Haiti will fall

ill with cholera by the end of 2017.10 The Haitian

government needs more time to effectively ad

dress cholera: today; it is focused il}creasingly on

long-term control efforts, such as improving. the

water and sanitation systems necessary to pro

vide a durable cholera solution.

·Food Insecurity Spiked Following Matthew Recent Caribbean-wide drought and violent hur- ·

ricanes have caused a spike in food insecurity

in Haiti. Between 2012 and 2015, Haiti's food se

curity showed overall improvement, but food se-r .

curity declined rapidly from 2015 to 2016.due to

natural disaster.11 In 2016, Hurricane Matthew hit

one of Haiti's key food-producing areas, affecting

two million· people and killing more than 350.000

farm animalsP At the beginning of.August 2017,

2.4 million Haitians (22 percent of the population)

faced acute food insecurity.13 Hurricanes Irma and

Maria skirted north of Haiti but caused significant

damage. turning streets into rivers and destroy

mg farmland.14 The nation remains the most food

insecure country in the Western Hemisphere.15

Given the follow-on disasters of cholera and

Hurricane Matthew, .the conditions that led the

DHS to designate Haiti for TPS continue to exist.

Haiti's government. overwhelmed by the need to

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UNClASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541582 Date: 05/07/2018

cope with these devastating conditions, has re- nationa!s .. In addition, the Haitian economy de

quested a·n .extension ·of 18 months. The loss of . pends on remittances from its diaspora: Ha1tian

TPS w·ould risk undermining the pr.ogress that TPS beneficiaries working in the United States

Haiti has made addressing post-earthquake con- support an estimated ~50,000 of their relatives in ditions. Haiti is incapable of safely receiving its Haiti.16

'-·

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1. TPS Designation: Statutory Criteria

On January 21, 2010, the Depa;tment of Homeland -Sec.urity (bHS) designated Haiti for Temporary

Protected Status (TPS) for 18 months,. the maxi

mum time allowed under law for designationY As

stated below. the statute provides that the OHS

secretary may extend TPS designation as long as

conditions for which TPS is in effect remain.

In 2011, 15 months after the earthquake, the

DHS reviewed conditions in Haiti. The agency

. documented the gravity of the catastrophic blow

the earthquake had delivered Port-au-Prince and

Temporary Protected Status

the nation. It also noted the emergence of a new

extraordinary condition: cholera. It concluded

that Haitian nationals "still cannot safely return

due to. continued extraordinary and temporary

conditions."24 The DHS extended TPS for Haiti for

18 months and, at the same time, redesignated

Haiti for TPS. which permitted individuals who ar

rived in the United States before January 12, 2011,

to apply for and receive TPS.2$

Many countries have had TPS longer-in

some cases. fa: longer~than Haiti, reflecting the

Temporary Protected Status (TPS) is an immigration status granted under the Immigration and

Nationality Act (INA) th<h provides humanitarian protection to noncitizens who are unable to

safely return to their country of qrigin due to an ongoing armed conflict, environmental disaster,

or uother extraordinary and temporary conditions. "18 TPS does not provide a path to permanent

residency. Rather. the status provides protection against deportation. the opportunity to obta.in

an employment authorization document (EAD), and travel authorization.

Individuals from countries designated for TPS must apply to receive the status. To receive TPS,

an individual must have been "continuously physicallY, present" since the date of most recent

designation (Haiti's initial designation date of January. 10,'2010. was updated when Haiti was

redesignated for TPS on July 23. 2011).1n addition. applicants must not have been convicted of

· any felony or two or more misdemeanors; must not be found inadmissible as an immigrant under

INA section 212(a) (which presents the classes of foreigners ineligible for visas or admission);19

and are subject to all of the mandatory bars to asylum-for example, participation in persecution

of another individual or engaging in terrorist activity. 26

The DHS can grant TPS for 6, 12. or 18 months:, The DHS Secretary must perform a review of the

designated countries at least 60 days prior to the expiration of the designation period. 21 and if .

the conditions for such designations22 are found to continue to exist, the DHS may extend TPS to

the country for an additional6, 12, or 18 months.23 The DHS Secretary makes the decision after

consultation with appropriate government agencies. TPS is terminated when the DHS determines.

that the foreign state no longer meets the conditions for designation.

EXTRAORDINARY CONDITIONS: A STATUTORY ANALYSIS OF HAITI'S QUALIFICATION FOR TPS



· The DHS granted TPS to Haiti due to the earthquake ((B)(i)), Haiti's temporary inability to

adequately handle the return c,f it~ citizens ((B)(ii)), and the existence of "extraordinary

and temporary conditions ... that prevent aliens .•. from returning to the state in safety"

((C)). In addition, the Haitian government has' officially requested (B)(iii) designation. ·

§244 b) Designations: 1) DHS can designate a fo!eign state for TPS only if:

A) . the Attorney General finds that there is an ongoing armed conflict within the state and.

due to such conflict, requiring the return of aliens who are nationals ot_that state to that

state (or to the' part of the state) would pose a serious threat to their personal safety;

B) the Attorney General finds that-

i. there has been an earthquake, flood, drought, epidemic, or other environmental

disaster in the state resulting substantial, but temporary, disruption of living condi

tions in the area affected,

ii. the foreign state is unable, temporarily. to handle adequately the return to the state'

of aliens who are nationals of the state, and

iii. the foreign state officially has requested designation under this subparagraph; or

C) the Attorney General finds that there exist extraordinary and temporary conditions in

the foreign state that prevent aliens who are nationals of the state from returning to the

state in safety, unless the Attorney General finds that permitting the aliens to rert:~ain tem

porarily in the United States is contrary to the national interests of the United States.

INA §244 b) 3): Periodic review, terminations, and extensions of designations:

A) A periodic review. At least 60 days before end of the initial period of designation, and . . . any extended P.eriod of designation, of a foreign state (or part thereof) under this section

the Attorney General, after consultation with appropriate agencies of the Government,

shall review the conditions in the foreign state (or part of such foreign state) for which a

designation is in effect under this subsection and shall determine whether the conditions

for such designation under this subsection continue to be met....

B) Termin;,ttion of designation. If the Attorney. General determines under subparagraph .

(A) that a foreign state (or part of such foreign state) no longer continues to meet the·

conditions .for designation under paragraph (1), the Attorney General shall terminate the

designation by publishing notice in the Federal Register of the determination under this

subparagraph (including the basis for the determination) .... ·

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reality that extraordinary and temporary condi-

, tions cannot always be remedied within a short

time. Somalia has held TPS for 26 years; Liberia

held TPS for 26 years; Sudan held· TPS tor 20

years; Honduras and Nicaragua have each held

TPS for 17 yea~s: El Salvador has held TPS for 16

years; Sierra Leone held TPS for 10 years: and

Guinea-Bissau held TPS for 9 years. 26

Even under the best of pre-disaster cir

cumstances, recovery from major disasters-of

the sort Haiti has endured three separate times

since 2010-can take many years, as the experi

ence of New Orleans following Hurricane Katrina,

for example. exemplifies.27 The Department of

Homeland Security Di.saster Relief Fund reported

to Congress that for 2017, it anticipates spending

USD 439 million on relief efforts related to hurri

canes Katrina, Rita, and Wilma. The three hurri

canes hit in 2005, twelve years ago.28

Since redesignation, the OHS has extended

TPS tor Haiti tour times. It has noted that condi

tiqns of des.ignation for TPS remain and, more

· recently, that new, extraordinary conditions

(tropical storms. instability and increasing food

insecurity) have emerged that make Haiti unable

to safely receive. its nationals. Most recently. in

July 2017, the DHS extendeq TPS for Haiti for a

"limited period" of six months, noting progress

and concluding that conditions that merit exten

sion remain. 29

This report demonstrates that the condi

tions for extension remain-and that. if anything.

the July 2017 extension overestimated progress

in key areas. While Ha1ti has made partial but sub

stantial progress toward stabilizing the extraor

dinary and temporary conditions caused by the

earthquake and cholera outbreak, it is definitively

not yet ready for the safe return of its nat1onals.

Further. the termination of TPS for Haiti could

have destabilizing consequences.

Government of Haiti Requests 18-Month Extension

On October 4, 2017, the Haitian Ambassador to the United States, Paul G. Altidor, formally

requested38 an extension of TPS for 18 mon\hs on behalf of Haiti's government. Ambassador

· Altidor invited U.S. officials to visit Haiti to "personally see the efforts underway to address the

issues that warranted TPS for Haiti in the first place." Ambassador Altidor explained that the

Haitian government "sincerely believe[s] that once you see the conditions on the ground, it will

become clear that an.additional eighteen months extension or re-designation is in the shared

national interests of both Haiti and the United States. " 31

Ambassador Altidor wrote that conditi9ns caused by the 2010 earthquake, the cholera outbreak,

and Hurricane Matthew-and the more recent hurricanes Irma and Maria-have slowed Haiti's

post-earthquake recovery but that he is hopeful: the administration of President Jovenel Mo'ise.

he notes. is "in the process of implementing a robust and expansive recovery and redevelopment

plan .... The redevelopment plan is meant not only to significantly improve the lives of Haitians

at home. but also to ,encourage the return of those living overseas to contribute in the long-term sustainability and economic prosperity of our country."32

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11. Introduction: An Unprecedented Natural Disaster and Public Health Crisis-Compounded by Hurricane Matthew

In 2009, Haiti was the poorest country in the ·Western Hemisphere.

In 2010, a devastating earthquake struck

Port-au-Prince. killing 222,570 people. 33 displac

ing 2.3 million others-roughly one quarter of the

population 34 -and destroying more than 300,000

homes.35 In a matter of seconds, the earthquake

wiped out 120 percent of Haiti's 2009 GDP. 36

Further,· the earthquake left Haiti hamstrung in

terms of response capacity: nearly 20 percent of

the civil se·rvants were killed, 37 and 60 percent of

government, administrative, and economic infra

structure-including courts-was destroyed.38

Indeed. the United Nations' hurranitafian coor- ·

dinator recounted tha~ the international relief

effort "swamped" a government that had been

"weakened" and was "unable to take charge of[]

coordination."39

Earthquake damage debilitated Haiti's al

ready fragile political state. weakening the rule

of law and making .the Haitian people more vul

nerable to violence. including sexual and gen

der-based violence (SGB~). Conditions in Haiti,

while poor, had been improving in 2009, but the

January earthquake shook the nation into shock

and crisis.

Five days after the earthquake, the

Department of Homeland Security (DHS) des

ignated Haiti for Temporary Protected Status

(TPS). 40 The DHS secretary found that "there

exist in Haiti extraordinary and temporary condi

tions" preventing Haitian nationals from safely

returning to Haiti. Further, the DHS fol.!nd that

"permitting eligible Haitian nationals to remain

temporarily in the United States would not be. contrary to the national interest. "41

But the unprecedented devastation

wrought by the earthquake would soon be paired

with another catastrophe of historic proportions:

In October 2010, one of the most deadly cholera

outbreaks in modern history erupted. Haiti's dev

astated infrastructure, including a public health

system still reeling in the aftermath of the quake,

was overwhelmed with the scale of the challenge

posed by these twin disasters.

In the ensuing years. Haiti has struggled

with the four country conditions that constituted

the core of the crisis, and on which the DHS has

based its TPS designation, redesignation, and

extensions: (1) more than two million internally

displaced persons (lOPs); (2) decimated housing

and public infrastructure: (3) intertwined public

health emergencies, including cholera; and later

(4) hunger and malnutrition. exacerbated by the

earthquake and cholera epidemic. Although Haiti

is slowly recovering from the country conditions

that underpin its TPS designation, it faces seri

ous challenges. Jn October 2016, natural disaster

struck again, when much of Haiti was devastated

by Hurricane Matthew, a Category 4 storm that

struck with 145-mph winds. The worst hurricane

to hit Haiti in 52 years. Matthew caused Haiti USD

2.7 billion in damage. 42 This latest major natural

disaster was a serious setback to a nation still

striving to emerge from the dual calamities of

earthquake and cholera.

This report describes Haiti's fragile prog

ress in each of the four areas highlighted above •

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and explains why an influx of returnees from the.

United States at this time would jeopardize that

progress·, potentially sparking new crises)t also

describes Haiti's current· political and security

transition. As the nation se_eks to regain its foot

ing, achieve political stability, and a professional

police force, the destabilizing effects of a ma

jor population influx would pose an acut~ risk to progress and peace.

It is important to emphasize that an analy

sis ttiat focuses exclusively on the number of TPS

beneficiaries (50,000) ui the Un1ted States un

derstates the size of the potential influx to Haiti if

TPS is terminated, since returnees to Haiti would,

in many cases, be accompanied by their families.

These· families include 27,000 U.S.-born children

and nearly 5,000 Lawful Permanent Resident

(LPR) or citizen spouses, along with other· part

ners and dependent family members. 43 Thus, Haiti

. could be facing the return of as many as 200,000

individuals. For the reasons detailed in this re

port, forced return on this scale risk:; plunging

our Caribbean neighbor back into the crisis from

which it has steadfastly been seeking to extricate

itself. Furthermore,_ the governing statute does not merit the termination of TPS.

{

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UNCLASSIFII::D U.S. Department of State Case No. F-2017-17275 ·Doc No. C06541582 Date: 05/07/2018

Ill. Extraordinary and Temporary Conditions Continue to Prevent the Safe Return of Haitian.Nationals

/

Even as Haiti makes ·progress in remedying the

extraordinary and -temporary country conditions

that justified the TPS designation, its progress

in many respects remains fragile. Haiti's efforts

to improve. country conditions suffered a serious

setback m 2016 when it was hit with the country's

most powerful hurricane in more than half a cen

tury. Thus .. the conditions that led the Department

of Homeland Secu_rity (DHS) to designate Haiti for

Temporary Protected Status (TPS) continue to ex

ist. First, more than 37,000 people remain in in

ternally displaced person (IDP) camps, and many

tens of thousands more are displaced but not re

'corded in official statistics because tracking ends

when people leave formal camps or wheh camps

are reclassified. Second, a housing and physical

infrastructure crisis means that many people have

left camps only to settle in equally inadequate

homes-many of which ~ere damaged in the

earthquake-in neighborhoods where structurally

unsound ~uildings are the rule rather than the ex

ception. Th1rd, Haiti continues to combat cholera

as the disease sickens and kills Haitian people.

In addition to these conditions, which existed in

Haiti when it was last designated for TPS in 2011,

food insecurity is now worse.

A. Country Condition 1: lOP .Camps Have Shut Down, but Displacement Persists Although the destruction of infrastructure and

housing was the most visible consequence of the

earthquake, the plight of displaced families and

individuals has been the most lasting and difficult

to address. 44

In the immediate aftermath of the earthquake,

roughly 2.3 million people. mcluding more than

300,000 children, ,were displaced.·~ This num

ber constituted more than one fifth of the Haitian

population-the equivalent proportion of the U:S. ·

population would mean 64 million Americans

displaced. In July 2010, when standardized data

first became available, there were an estimated

1.5 million people registered in IDP"6 camps. 47 An

additional 600,000 were estimated to be in tem

porary arrangements with host families outside

the. quake-affected area.~8 The whereabouts of

many hundreds of thousands more were simply

unknown to the government and its international

partners.

Displaced people, especially women and

girls, faced heightened risks of sexual and gen

der-based violence in the insecure environment

ot the tent camps. 49 According to one study of

pregnant teenagers-after the earthquake, approx

imately two thirds reported that thei~ pregnancies

had resulted from rape, while more than one third

reported trading sex for goods and services such

as food or shelter.59 Young women were espe

cially vulnerable: through the.end of 2011, surveys

found that more t~an 60 percent of all reported

rape cases involved a minor victim. ~1 The sexual

violence crisis afflicted camp-dwellers generally,

beyond just minors: in a survey of households in

four displacef!lent camps, 14 percent of re;;pon

dents reported that one or more members of the

household had been a victim of sexual violence. 5~

Those who left the camps often did not leave

by choice: a plurality were evicted from camps.

9


·I /.


I· I I

I I

I

Figure 1: Displaced People Camp in Delmas 33, Port-au-Prince. January 2B1e. ~redit: E.llie Happel ~

while others left due to poor material conditions, the number of lOPs .. the numbers dramatically

security concerns. or ftooding caused by extreme understated the problem of" insecure housing/\!'

weather events.53 Over time, service provision ' within the camps diminished, making living con-

ditions in many camps d.ire54 and further acceler

ated involuntary departures from IDP camps. All

told, fewer than one in twenty residents of IDP

camps reported leaving because their home had

been repai~ed. 55 As described in detail in the next

section, many returned to homes that were so

structurally unsound that a survey undertaken by

engineers indicated the only safe course of action

was demolition.

Even according to the International

Organization for Migration (IOM). which was pri-·

Indeed, at certain points. drops in numbers of re

ported IDPs merely reflected a decision by tOM to

reclassify existing IDP sitesY Thus. tram;ihoning

off of the IDP rotls did not necessarily signify that

a family had obtained safe housing; indeed, such

fatling numbers may have ac~uaHy been associat

ed with a decrease in livelihood security. Nothing

illustrates how dramatipally IDP figures understate

the reality of displacement more clearly than the

dire situation of Canaan.

The existing crisis was dramatically exac

erbated last year when Hunicane Matthew dis

placed 180,000 peopfe75-a figure that humani-

marily responsible for tracking and reporting on tarian relief workers believe to be an undercount.

EXTRAORDINARY CONDITIONS: A. STATUTORY ANALYSIS OF HAITI'S QUALIFICATION! FOR TPS


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... .

\

)

. . Displacements. Due to Natural Disaster

'

I·

0 0 0 0 0

2010 2011 2012 2013 2014 2015 2016

The conditions in the displac.ement centers were

described as "squalid," and displaced families

were again SUbjected to an increased riSk of sex

ual and gender-based violence/9 Further, as after

the earthquake, lOPs experi~nced for.ced evic

tions and forced ·closures. se Finally~ many of the

most vulnerable displaced people "fell between

the cracks."81 Most hurricane victims have not

received adequate aiq needed to rebuild their

· homes, farms and businesses. and a severe hun

ger crisis is spreading in the area. As a result,

many hurricane victims are migrating to other cit

ies such as Port-au-Prince to access. resources. Often these living situations with family or friends

. ·are overcrowded. squahd, and pose security risks

to women, especially young women. The migration

to the larger cities from Hurricane Matthev:' areas

also make it nearly impossible for these host fami-

lies to receive additional' family members from the

United States if TPS were terminated.

B. Country Conditicm 2: The Earthqljake Decimated Homes and Physical Infrastructure-and After Years of Rebuilding, Matthew Caused Setbacks Given the ·scale of the challenge and the recent

setbacks caused by Hurricane Matthew, new

. housing plans need time to yield results .. The

problems of insecure housing-and the broad

er lOP crisis that comprised Country Condition

1:-can be remedied only if there' is sustainable

progress in constructing durable housing. The

·-·· -.. ~-------~---~------------ ·--------,·-···-- ··--·-·---···-

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Canaan

. Canaan, which sits on the hills above the

ocean approximately 20 kilometers north of

Port-au-Prince, is a jarring visual reminder of

the impact of the earthquake. It lies in plain

view, and challenges the notion that Haiti has

been able to provide an adequate solution to

its crisis of displacement. After withholding

aid for fear of drawing additional settlers. the

government and international organizations

have finally recognized the need to· provide

services to, and support the development

of, Canaan. More time is needed to improve

living conditions and establish a government

presence. Canaan would be a likely destination

Figure 2: Canaan, F_ebruary 2010. Credit: Ellie Happel

for TPS beneficiaries i.f forced to return to Haiti, and would no doubt see new insecurity and

discontent following a population influx.

Canaan is not a camp for internally displaced persons (IDPs).58 Rather, it is a makeshift

settlement that arose out of the.devastation of the 2010 earthquake in Haiti.59 Residents of

Canaan have constructed most of the makeshift infrastructure in the area. 60 Many live in shacks

or other shoddy housing constructed in a manner similar to that of homes that collap·sed during

the earthquake.51 ·Before 2010, the area of Canaan was uninhabited.6 :a Individuals and families

started settling on the barren, windswept hills after President Rene Preval issued a presidential

decree declaring the area of Canaan a public util~ty zone. Although the decree never became

law. earthquake victims-desperate to escape the horrors of the tent camps but without other

options-settled in Canaan by the thousands.53 Today, an estimated 200,000 individuals live in

Canaan.64 The legal status of Canaan continues to be contested.65 lts residents thus live in great

insecuritY and many now face forced evictions66 and, in some cases, violence.

Living conditions in Canaan are generally worse than the already poor living conditions in the

.rest ot Haiti. Canaan residents have less access to sanitation, 57 waste management,69 and

· healthcare69 than the average Haitian. Canaan is on exposed, wind-blown. dusty hills; dust

inhalation is a serious health risk. 7° Cholera and malaria appear in waves/1 Residents have very

limite.d access to electricity. 72

While residents demand greater access to basic services and opportunities for economic

participation, the government has no steadfast implementation strategies for developing

I I.

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UNCLASSIFIED U:S. Department of State Case No. F-2017-17275 Doc No. C06541582 Date: 05/07/2018 /

infrastruct~re or for creating economic opportunities. 73 Even though UN Habitat and the

Haitian government agency in charge of reconstruction have jointly devised the Urban

.Development Initiative for Canaan as a collaborative effort between international and local

actors. implementation of urban projects for Canaan remain incomplete.74 As yet. no plans exist to assist residents in Canaan with housing construction/5 Finally.: the exclusion of Canaan from the

International Organization for Migration (IOM)'s Oisplacem~nt Tracking Matrix-which counts.

and tracks aid to, those displaced-has essentially prevented humanitarian interventions in

Canaan.76

Canaan illustrates that despite decreases in lOP figures. permanent solutions to Haiti's

displacement crisis have yet to materialize. Closing or reclassifying lOP camps is no guarantee

of improved living conditions. and certainly nota sign that Haiti is ready to receive its nationals

back from the United States."

possible return of more than 200.0000 nation

als could impede progress on housing, creating a

bottleneck and sparking a new crisis as demand

outstrips capacity. TPS should be extended tO al

low new housing efforts to come to fruition.

The earthquake destroyed or severely d_am

aged more than 300,000 homes, all within a mat

ter of ~econds. 82 The most visible scar left by the

earthquake was the rubble where houses, hospi

tals. and civil service buildings had stood-and

the related problem of roads rendered impass

able by this debris. In addition to destroying the

housing sector, the earthquake took a dramatic

toll on vital public institutions. For example. 4992

schools were affected, among which 3978 wer,e

destroyed or damaged to such an extent that

they had to close. 83 This figure accounts for 60

percE(nt of the schools in the South and West de

partments-areas that include the most popu

lous. highest-density cities in the country~and

roughly one quarter 9f all schools in the country. 84

In affected areas. 60 percent of hospitals-sixty

seven in total-were also severely damaged or

destroyed.85 The earthquake C?laimed. "most of

the Ministry and public administration buildings"

in the cap1tal, mcluding the Presidential Palace,

Parliament, and the country's highest court.86

The disaster touched every sector of the

Haitian economy and every facet of Haitian life.

The sheer scale of the debris is hard to describe.

The 190 million cubic meters of. rubble blocked

roadways and hampered reconstruction efforts. 8 '

By the time the OHS redesignated Haiti for TPS in

2011, less than 5 million cubic meters had been

cleared.88

In the months after the earthquake, the·

Haitian government undertook an assessment of

more than 360,000 buildings to determine their

structural stability, need for repairs. and fitness

for habitability or other use.89 Engmeers. work-:

ing under the direction of the Haitian government

coded buildings green (safe to inhabit), yellow

(limited occupation feasible, but structural re

pairs needed). or red (unsafe to inhabit, demoli

tion needed) depending on the level of damage. se ..

The results. released in January 2011, were telling:

almost half of the buildings surveyed-more than

165,000-were coded either yellow or red. 91

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Figure 3: Pqrt- au-Prinrie , January 2010 . Credit : Ellie Happel

While the estimated number of people dis

placed in Haiti has steadi.ly decreased, there is

great uncertainty as to where residents have gone.

Declining IDP numbers does not. alone, suggest

substantive progress. Many studies suggest that

families move on to live in conditions that are no

better than those that characterize camps. A May

2011 Building Assessments and Rubble Removal

(BARR) report estimated that two thirds of Port

au-Prince's 84,866 buildings markeq ··red" as

beyond possible repair had been re-·inhabited .sz

Consistent with th is finding. a March 2011 10M

report found that only about 40 percent of those

who had left camps made it back to a structurally

sound house: the remainder were living in tents or

similarly makes.hift s.tructures, damaged homes.

or other precarious andtemporary situations. 93

The problem of unsafe returns as lOPs leave

official camps is related to a lack of investment

in permanent housing sOlutions. Although the in

ternational community pledged over USD 13.34

billion to post-earthquake humanitarian relief ef- .

forts, only a fraction of pledged funds was direct

ed to. housing reconstruction efforts. Further, the

money pledged remains greater· than the money

deliveredY Moreover, less than _20 percent of

post-earthquake reconstruction initiatives have

resulted in long-term housing solutions.95 Most



) (

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C0654158~ Date: 05/07/2018

Unsafe Returns: The Housing Crisis in Haiti

• A March 2010 assessment of more

than 350,000 buildings concluded

that less than half were safe to in

habit.

• A May 2011 assessment reported that

64 percent of the homes marked red

for "unsafe to inhabitn had been re- ·

inhabited.

A March 2011 International Organiza-

. tion of Migration (IOM) report esti

mated that only 40 percent of those

who had left camps made it back to a

structurally sound house. That same

report found that fewer than 5 percent

reported leaving becaus·e their home

had been repaired. The majority of

camp residents left due to eviction _or

threats of eviction.

of the post-earthquake reconstruction response

efforts were temporary measures. leaving indi

viduals and households vulnerable to inadequate

housing conqitions in the long term and to further

devastations from future natural disasters.

1. Pro~ress in the Face of Incredible Challenges

Nonetheless. the prqgress in Haiti since the

earthquake is vis1ble: the vast majority of rubble-:

which could have filled 4000 Olympic-size swim

ming pools96-has now been removed. Clearing

the rubble was an essential hurdle; progress on

rubble management is allowing for other develop

ment and recovery efforts to proceed at a faster

pace. Roads have been paved, and a new Supreme

Court building is near completion. Construction

on the new National Palace is set to begin before

the end of 2017 ..

2. New Setbacks, but also New Pos~ibilities

Hurricane Matthew delivered a significant blow

to Haiti's effort to provide housing to its people.

The storm destroyed another 104,000 houses

and damaged an additional 133,000, affecting

more than two mllli.on people.97 Housing loss and

damage totaled USO 856 million. The hurricane

destroyed or damaged 133 hospitals, clinics, and

health posts and affected 1670 schools. The 2017

Haiti Humanitarian Needs Overview reported that

"in the worst hit areas, 90 per cent of homes are

'estimated to be destroyed" and that "approxi

·mately 525,000 (people] ~eed shelter and non

food-item (NFI) assistance.''98

There is new hope, however. as the inter

national community and the Haitian government

start on a new chapter in housing redevelopment,

the goal of which is to "create the conditions nec

essary for Haitians to obtain improved housing

and secure settlement solutions themselves."99

By emphasizing access to finance, working with

local developert1 to build supply-side capacity,

and prioritizing local control. the United States

Agency for· International Development (USAID)

and the Haitian government promise to turn a new

page on Haiti's housing crisis. Hie An extension of

TPS is necessary to allow new housing efforts to

come to fruition.

C. Country Condition 3: Public Health: from Earthquake to Outbreak,

· Incomplete Cholera Response Puts Public Health at Risk ·

In October 2010. what was at the time the worst

cholera outbreak in recent history exploded

in central Haiti.H11 In the first six months of the

15

. UNCLASSIFIED .U.S. Department of State Case No. F-2017-17275 Doc No. C06541582 Date: 05/07/2018

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Figu~e 4: Fathe~ and Son, cholera Victim. Credit: Allison Shelley

epidemic, nearly 4000 people died.102 The in- . Supply and Sanitation, or DIN EPA) have done their

ternational community bears heavy responsibil

ity for cholera in Haiti, since the United Nations'

peacekeeping force, the Mission des Nations

Unies pour Ia stabilisation en Hai'ti (United Nrations

Stabilization Mission In Haiti, or MINUSTAH),

sparked the Haitian cholera outbreak. The out

break quickly overwhelmed the country's already

stunned health system-one that had never before

experienced a cholera outbreak. However, Haiti's

Ministere de fa Sante Pubfique et de Ia Population

(Ministry of Public Health and Population, or ·

MSPP) and Direction Nationale d'Eau Potable et

d'Assainissement (National Directorate for Water ·

utmost to address the crisis since the beginning.

· The devastation caused by the cholera .epi

demic can be understood only in light of the ef

fects of the earthquake that had struck 10 months

earlier. The earthquake had dramatically under

mined Haiti's already limited capacity to respond

to new public health crises. In the South and West

departments, 60 percent of hospitals-sixty-sev

en in total-were severely damaged or destroyed

by the earthquake.103 This figure i~cluded the cmly

national teaching and reference hospital, as well

as the Ministry of Health building.104 An estimat

ed 50 percent of health care professionals were



.. ~ :


J

living in tents in the immediate aftermath of the

quake.195

Even before the chol~ra outbreak, the public

health situation was precarious. Water, sanitation.

and hygiene (WASH) services were extremely lim·

ited after the earthquake. At the end of 2011, in

light of the shelter. displacement. and infrastruc

ture challenges detailed above. access to toilets

and clean water was extremely limited. The inter

nationally led WASH initiative had to deliver the

daily minimum of water for one million individu

als-amounting to 7000 cubic meters of water

daily.106 To meet the needs of displaced families

and the broader homeless population, relief work

ers installed 1~.309 emergency latrines and deliv

ered 327,300 hygiene kits (to be used by families

of fiye for one to three months).191

While international actors and the Haitian

government struggled to meet basic needs follow

ing the earthquake, the quake's aftermath creat

ed new public health threats. Lack of facilities and

inability to clear rubble led to intermingling of do

mestic waste with urban debris.108 oe·composing

bodies. blocked wasteWater drainage, and haz

ardous or polluting materials trapped under debris

further exacerbated public health threats within

the capital and surrounding region.1ee

And then came the cholera epidemic1

Cholera

. appeared in Haiti in October 2010 for the first time

in the country's history.110 The first suspected

case was recorded on October 16; four days lat

er, national authoritie.s confirmed an epidemic.111

Genetic and epidemiological studies liave es

tablished that cholera was introduced to Haiti by

a United Nations peacekeeping contingent from

Nepal, where cholera is endemic.112 The soldiers

were stationed at a MINUSTAH base where im

proper sanitation practice's resulted in untreated

. sewage entering into the Meye Tributary. This

tributary flows into the Artibonite River, 113 which

Ebola and TPS

The DHS designated three West African

countries-Guinea. liberia an~ Sierra

Leone-tor TPS in 2014 due to the Ebola

outbreak.116 In total, 2544 deaths were

recorded in Guinea. 3956 in Sierra Leone,

and 4810 in Liberia.m The DHS terminated.

TPS for those nations in 2017, many

months after the last case of Ebola was

documented in West Africa.l18

tens of thousands of Haitians rely on for drinking.

washing. and farming.

Just more than a week after the cpnfirma

tion of the outbreak. Hurricane Tomas made land

fall in Haiti. Significant flooding· caused a spike

in cholera cases. as pit latnnes overflowed and

tent camps flooded. The weekly number of cas

es reached 25,000 in November and December

2010.114 _ By mid~2011, there had been 200.000

cases and nearly 4ooo deaths.115 The speed and

scale of the cholera outbreak. accelerated by its

coincidence with the hurricane season. stretched

Haiti's struggling post-quake public health infra

structure past the breaking point .

Fragile Progress: Despite A Spike Following Hurricane t-fatthew, Chol~ra Cases Continue to Decline In 2010 and 2011, more than half of the cases of

cholera worldwide' were in Haiti.119 There was a

precipitous drop in cholera cases between 201.1

and· 2012, following concerted mitigation efforts

by the Haitian government and international com- .

munity.120 These numbers dropped nearly in half

in 2013 and again in half in 2014 .

As ~ith Country Conditions 1 and 2. Hurricane

17

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Matthew reversed progress on Country Condition

3. After Matthew struck in October 2016, the num

ber of suspected cholera cases spiked from 2236

to 5100.121 Hurrrcane Matthew not only exacer

bated the cholera epidemic but also has impeded progress in eliminating the disease across the is

land. After Hurricane Matthew. ha.lf of new cases

. nattonwide were reported across the southern peninsula, in the Grand'Anse and Sud depart

ments.122 The southern peninsula has since ef

fectively addressed the cholera spike. Before the

hurricane, less than 10 percent of cases C<!me

from those areas. In August 2017, cases of cholera

were concentrated in the capital city and in the Ar.tibonite and Central departments.1 ~3 The lin

gering effects of Matthew partly account for the

United Nations' projection that by the end of 2017,

·30,000 people in Haiti will have contracted chol

era this year.124 This represents a steady decline

. in the number of annual cases-demonstrating

progress-and yet 30,000 projected victims to a

violent disease makes cholera a continueq, co·n

cerning threat.

Nonetheless. the overall trajectory is one. of

progress. and the government of Haiti and inter

national actors are poised to finish the job of con

trolling-if not eliminating-future cholera cases.

In late 2016, the MSPP created a docum.ent (the

National Cholera Elimination Plan-Medium Term,

or PNEC-MT) that set out specific steps to elimi

nate cholera.125 Shortly after the publication of

the plan. the United Nations committed to mo

bilizing a total ot USD 400 million for three years

to support the plan.126 Although the plan is far

health situation makes Haiti unsafe for nationals

to return. People in unstable or temporary hous

ing have been the most vulnerable-and most

difficult to treat-victims of the cholera epidem

ic. Tliis fact became evident as cholera ripped

through IDP camps and poor neighborhoods in

post-quake Haiti and again when cholera surged

with displacement from Hurricane Matthew. On each of the first three country conditions-dis

placement, housing. and cholera-Haiti · has

made, and is poised to continue making. substan

tial progress. However, nothing would jeopardize

progress on these interrelated areas more surely

than a large-scale return of individuals for whom

~ousing and medical treatment may be lacking.

D. Country·condition 4: Continued Food· Insecurity Constitutes a Major Threat to Potential Returnees The twin natural disasters of the earthquake and

Hurricane Matthew have had devastating effects

on Haiti's agriculture.

Although food insecurity is not one of the

en.umerated conditions for TPS, the DHS found

th~lt the agricultural crisis leading to extreme·

hunger warranted an extension of TPS in 2012

and 2017.128 Those conditions remain. In July 2017, ·

the DHS again named food insecurity as a con

dition that makes Haiti an unsafe destination for · return.1~9

The quake directly caused USD 295 million

in damage in the food and nutrition sector.130

However, between 2012 and 2015. Haiti's food

security showed moderate overall improvements. from fully funded, several countries have recent- · Under the pressure of extreme weather events

ly committed to redirecting the unspent funds from 2015 to 2016, that progress rapidly came to from MINUSTAH-which finishes its withdrawal in

October 2017-to the cholera control effort.127

When conside~ed in conj~nction with the

·displacement and housing crises. the public

a halt.131 U&AID says that the devastating food

security impact of Hurricane Matthew, combined

with three years of drought (2014-2016) stemmmg

from El Nino, significantly exacerbated Haiti's



. ,U,f{JGLASSlFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541582 Date: 05/07/2018 . - 'l' .~

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Hurricane Matthew, October 2e1e. Cr-ed:i.t: Jess-ica Hsu

structural food insecurity in the last few years. As

a result; fuHy half of the population is now u~der

nouri~hed, and more than one in five presct;wol

children suffer from stunting due to chronic mal

nutr.itlon.w~ Half of Haitian women of reprod.uc

tive ~ge experience anemia, as do 65 percent of

preschoolers, primarily because of iron-deficient

diets. Just 30 percent of pregnant women get ad

equate dietary iron, with negative consequences :1'6r themselves and their babies.133

:.- · . .!!

Sustainable access to food is a major problem

for-mariy Haitians: According to USAID, ~0 percent

of tf:1.e population lives on less than USD 2 per day,

1 per day. 1~ 4 ln March 2017, USAID found that "Haiti

has made progress but still ranks 'alarming' in the

2015 Global Hunger Index .... [R]oughly 50 percent

of Haiti's populatism is undernourished, which h'as

been exacerbated by a longstanding drought and

a devastating hurricane in 2016 that severely affected 2 million people."lJS

In 2016, Haiti was the most food-ins~cure ·

country in the Western Hemisphere, according to the Global Hunger lndex.1;Ja

Matthew Makes Hunger Worse·Nutrition Needs Remain Unmet

and nearly one in four people live on l~ss than USD _Matthew hit one of Haiti's key food-producing

. )

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Number of people facing food insecurity

. 2009 Jan 2010

Jan~

Dec 2011

Jan· Dec 2012

Jan· Dec 2013

·JanDec 2014

JanDec 20l5

JanDec 20i6

Jan. July

2017

The table above demonstrates the trend in the number of people facing food insecurity i.n HaitL It should be noted t_hat· the number fluctuates throu.ghout--the year depending on the seasonal food availability and, therefore, the numbers are only approximations ot the situation at any given time. ·

without assist;:mce. In the hurricane's aftermath,

more than 800,000 people urgently needed food

assistance.139

areas. The hurricane affected some 428,000 ag

ricultural households, affecting more than 2 mil

lion people and killing more than 350,000 farm

animals.l31 Irrigation systems. crop and livestock . .

farms. agricultural processing enterprises, ca-

cao trees, coffee ecosystems. and fisheries all

suffered considerable damage and loss, includ

ing loss of equipment. In all, the USD 573 million dama~e and loss in the agriculture and fishing

In August 2017, the United Nations Office for

the Coordination of Humanitarian Affairs report

ed that 2.35 million Haitians (22 percent of the ·

population) still faced acute food insecuri_ty.14e

The United Nations World Food Programme re

ports that agricultural productivity remained low sector was equivalent to 31 percent of the coun- .. in Haiti through the end .of June 2017 as a result

try's agricultural GDP.138 The small-scale produc- of Hurricane Matthew: This diminished produc-

ers who account for the vast majority of the food tion led to 22 percent increases in the price of lo-

. production in the affected areas have very weak cally produced rice in the South and South-!;ast

capacity to restart farming and fishing activities · departments.141 Damaged infrastructure meant

EXTRAORDINARY CONDITIONS: A STATUTORY ANALYSIS OF HAITI'S QUALIFICATION FOR T:PS

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541582 Date: 05/07/2018 •;,• ~ .,•• • •'"w < w ,.' •'

UNCLASSIFIED U.S. Department of State Case No. F~2017~17275 Doc No. C06541582 Date: 05/07/2018

significant inflation (between 13 and 30 per

cent, depending on the department) for imported

wheat ftour. w. Favorable spring harvests nation

wide between June and August 2017 increased. supplies of corn,· beans. and other vegetables

and reduced prices in local marketsY" However,

Haiti imports more than half of its. food and 80

percent of its rice. its dietary staple.l•~ The prices

·of imported rice and corn remain high. deSpite re

cent exchange rate stabifity.w·rn September and

October of 2017, heavy rainfall and flooding asso

ciated with Hurricanes Irma and Maria destroyed

1,300 hectares of crops in the Northeast depart- .

ment, with likely increases in food insecurity as a

result. 146

· USAID considers Haiti's high levels of both

chronic and transitory food insecurity to pose a

serious challenge to sustainable development:

"Haiti cannot achieve economic growth and na-.

tiona I stability if food security is not addressed."147

With so many already in need of food assistance

and with Haitians struggling to stabilize the agri

cultural sector, a massive influx. of families could

only exacerbate an already dire situation.

Figure 6: Les Irois Farmland after Hurricane "atthew, October 2016. Credit. Jessica Hsu

21

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IV. Haiti is in a Moment of Unique Transition: The Need for Stability is Particularly Acute and Would be Jeopardized by the Termination of TPS

Haiti finds itself in the midst of a crucial transi

tion. during which the effect of an influx of return

ees could be particularly destabilizing. Aft~r two

years of political dysfunction-in"2015, Parli~ment

was dissolved and President Martelly ruled by

decree;148 in 2016. elections failed due to irregu

larities and fraud. and an interim government was

installed149-in February 2017 a new executive

assumed power and a new Parliament took seat.

The government negotiated the withdrawal of

forces from the Mission des Nations Unies pour Ia

stabilisation en HaW (United Nations Stabilization

Mission In Haiti, or MINUSTAH).1 !>0 MI!IIUSTAH was

replaced by the Mission des Nations Unies pour

l'appui a Ia justice en HaW (United Nations Mission

for Justice Support in Haiti, or MINUJUSTH). a

smaller force with the primary goal to "strength

en rule of law" and support the Police Nqtionale

d'Hai"ti (Haitian National Police, or PNH),151 which

will inevitably result in many being housed in tem

porary shelter-conditions would 'worsen so sig

nificantly that they would threaten to reverse the

security and protection progress made in recent

years. In addition to continuing recovery from po

litical turmoil and recurring natural disasters,

another vital area for human protection ·in which

Haiti has made fragile progress is policing and the

rule of law. A national police academy was created

in 2012 to professionalize. as well as to increase

the numbers and capacity of. the police force. 153

It has made significant progress, meeting two

thirds of its personnel trainjng and development

goals.154 However, nearly one quarter of police su

pervisory positions remain unfilled. and the police

have a presence in fewer than half of Haiti's 570

communal sections.155 Through the end of the

mission, the PNH relied on MINUSTAH police pa-

do not yet adequately provide the protection and · trois to discharge their basic functions, with tens

security that Haitian people need. of thousands of joint patrols and hundreds of joint

The newly installed Haitian government must operations in a six-month period. 156

have time to establish itself; now is not the mo~ · Moreover, a well-functioning police force

ment to retur~ thousands of Haitian nationals who requires oversight, the capacity for which. is de-

are making important contributions to the Haitian veloping. albeit slowly. The Offi~e of the Inspector

economy through remittances. The diaspora is, General (OJG)-tasked with oversight of the.

in fact, an important contributing factor to do-· PNH-has made rapid progress in developing in

mestic progress and recovery. Were Haiti to ex- \titutional capacity in recent years, but it has far

perience a large influx of individuals who would to go to ensure an effective and safe police force.

transform instantly from. net contributors into a In 2013. for example, the OIG conducted a large-

population requiring support from the country- seal~ investigation into police misconduct that

especially when Haiti's inability to resettle people resulted in recommendations to dismiss several

EXTRAORDINARY CONDITIONS: A STATUTORY ANALYSIS OF.HA!Tt'S QUALIFICATION FOR TPS '


UNCLASSIFIED U.S . Department of State Case No. F-2017-17275 Doc No. C06541582 Date: 05/07/2018

USAID Statement on Democracy and Governance in Haiti, March 2017

"Haiti has experienced a series of political set-backs in recent history that continue to detract ... . . -

from efforts to improve governance institution.s and enforceable legal norms. Although the

country has the formal structures of a de{!locracy, many of these have yet to become fully

functional. as evidenced by recurring periods of political and institutional instability. Haiti's state

institutions are under-resourced. and provide limited services to only a small percentage of the

population. Despite these challenges. some progress has been made iri recent years to advance

the functioning of nation.al and local government. civic engagement, voter education, access to

justice services. and protection of human rights. "152

Figure 7: Ragged Coast of Abricots. after Hurricane Matthew. November 2916 . Cred i t : Jessica Hsu

23


!


PNH officers; however, the Ministry of Justice dis

missed the Inspector General shortly thereafter

before any punitive action could be taken:157 In

contrast.· by the end of 2015, the oversight func

tions of the OIG were working more robustly: 76 police ~fficers had been dismissed for police rule

infractions, and there were nearly 1000 ongoing

investigations.158 Nevertheless, investigations

continue to be pursued only after great delay, and

reform of the OIG's function is a centerpiece of

the strategic development plan for the police from

2017 to 2021.m

Although the. PNH is clearly not yet ready

to provide for comprehensive physical security

and civilian protection, important progress is be

ing made-and will continue to be made under

MINUSTAH's successor mission, MINUJUSTH.

One of MINUJUSTH's _key goals is to consolidate

gains in the security sector.16.!' Toward that end,

MINUJUSTH primarily consists of a small police

unit, providing patrols and enforcement support

as well as contmued technical assistance, in or

der to "strengthen rule of law institutions in Haiti;

[and] further support and develop the'[PNH)."161

As Haiti struggles to establish a safe,

\

effective, ~nd responsive police force, women·

and children suffer most from failures of the cur

rent system. It is import?nt to note that Haitian

Temporary Protected Status (TPS) beneficiaries

have nearly 30,000 U.S.-born, citizen children,

who, along with many thousands more spouses

and other dependent family members, could all be

forced to migrate to Haiti"upon the deportation or

return of TPS beneficiaries.

Haiti needs time to solidify the progress it

has made in achieving greater security and sta

bility. For example. PNH has recently launched 36

reception units for the management and investi

gation of SGBV cases.l72 However. these recep

tion units are largely untested. The reduction of

SGBV is a core focus of the MINUJUSTH police

support mission and has been recognized as es

sential to improving security conditions in Haiti

as a whole.173 Personnel training174 and gover-

. nance and oversight of the police force have

similarly been recognized as areas of priority and

are new endeavors.m In these and other areas,

MINUJUSTH will .be doing vital work with PNH

and the justice sector to promote security and

protection.

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Women and Children at Risk

The women ·and children at risk of deportati.on to Haiti if TPS is terminated face particularly

concerning conditions. More than 200,000 children are involved in the worst forms of child

labor.162 Already, one in four women experiences physical violence by the time she reaches age

15; a significant number of these cases involve sexual and gender-based violence (SG.BV).163

Given post-earthquake security concerns. the United. Nations Office for the Coordination of

Humanitarian Affairs (OCHA) has determined that currently "children, elderly, women and single

headed households are particularly exposed to abuse. exploitation and violence, including

sexual and gender-based violence."164 And Haitian women face violence at work as well as at

home: one study found that nearly three quarters of female workers have been victimized by

harassment-mainly sexual harassment-at work. and nearly two thirds have been induced to

have sexual relations with employers or supervisors simply to keep their jobs.165 Prosecution of

such work-place violence. as with violence against women gene_rally, is extremely rare.166 The

Secretary-General of the United Nations has described the "culture of impunity" surrounding

gender-based violence as "pervasive. "16 7

Women's rights monitors have fo~.:~nd that the earthquake made it difficult. if not impos~ible. to

make concrete improvements to respect for human rights and rule of law. They note that SGBV

increased since the earthquake: .

women and girls continue to be subjected to widespread gender discrimination and

mistreatment and ... pervasive gender~based violence against women and girls repre.sents .

the most severe manifestation of.discrimination in the country, and ... it has increased

significantly after the earthquake owing to the increased poverty and disastrous housing

situation. 168

Currently, the country lacks speci~c legislation criminalizing rape, domestic violence, or sexual

harassment.169 In 2015 •. Haiti noted in response to. human rights monitors that legal reforms on

. gender ·violence were necessary and under consideration but had yet to be adopted due to

political turmoil and delayed elections. min recent years, th~ Ministere a Ia Condition Feminine et

aux Droitsde Ia Femme (Ministry of Women'sAffairs,or MCFDF.) has worked toward comprehensive

vi.olence against women legislation; however. progress has stalled, and a law has not yet been passed.171

25

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IV. Conclusion

The Temporary Protected Status statute under the Immigration and Nationality Act requires a

periodic review, at _least 60 days before the end

~f designation, of the conditions in Ha.iti for which

Temporary Protected Status (TPS) is in, effec;t.

This repor.t demonstrates that Haiti continues to

Thus, the conditions that led the DHS to

designate Haiti for TPS continue to exist: {1) more

than 37,000 people remain in IDP camps, with

many tens of thousands more displaced but not

recorded in official statistics because tracking

ends when people leave formal camps or when

meet the conditions for designation and shows . camps are reclassified; (2) a housing and physi-

that the country remains unab,le to safely repatri-.

ate its nat1onals.

The 2010 earthquake was one·of the mbst

devastating disasters m recorded history. More

than 220,000. people were killed, and much o! Port-au-Prince was decimated, including public · health and. government instit~tions a·nd infra

structure. Despite unprecede~ted challenges, Haiti has made steady, albeit limited, progress'

on remedying problems posed by each of these

country conditions. Yet, in October 2016, Haiti's

progress to improve country conditions suffered

a serious setback when the country was hit with

its most powerful hurricane in more than half a \ '

century.

cal infrasrructure crisis means that many people

have left camps only to settle in equally inade

quate homes-many of which were damaged in

the earthquake-in neighborhoods where struc

turally unsound buildings are the rule rather than

the exception: (3) Haiti continues to combat one

of the world's most violent cholera· outbreaks:

and (4),hunger and malnutrition are now worse. I

It is in the best interest not on·ly of Haiti

but also the United States to extend TPS for

18 mo,nths. Haiti has requested this exten

sion, which it sees as necessary to ensure that

those ·returning can· "contribute in the long-term

sustainability and economic prosperity. of our

country.''176

.. ~ .. - ,---- _.. ------·------------------··-·-------~----·-

EXTRAORDINARY CONDITIONS:. A STATUTORY ANALYSIS OF HAITI'S QUALIFICATION FOR TPS

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Endnotes

· 1 Extension of the Designation of Haiti for Temporary Protected Status, 82 Fed. Reg. 23830, 23831 (May 24. 2017).

2 A cholera outbreak of equal proportion in the United States would sicken over 23.million and kill nearly 300,000 Americans. UN OCHA, Haiti: Cholera Figures (Aug. 31, 2017) [hereinafter UN OCHA, Haiti Cholera Figures (Aug. 2017)], https://www.humanitarianresporise.info/system/files/ d ocuments/fi les/hti _cholera_ figures_august_2017 _en .pdf.

3 U.N. OFFICE FoR THE CoofiorNATION oF HuMANITARIAN AFFAIRS (U.N. OCHA}. Haiti: One Year Later (Jan. 18, 2011) [hereinafter Lessons] http://www.unocha.org/issues-indepth/haiti-one-year-later.

4 U.N. OCHA, Haiti: Humanitarian Snapshot (Aug. 2017} [hereinafter Haiti: Humanitarian Snapshot], https://www.humanitarianre"sponse.info/system/files/documents/files/hti_humanitarian_snapshot_ august2017-tm_O.pdf. ·

5 ·REFUGEES INTERNATIONAL, Two STEPS BAct<: HAITI STILl REEliNG FROM HuRRICANE MATTHEW 13 (2017) [hereinafter STilL REEliNG], https://www.refugeesinternational.org/reports/2017/4/6/haiti:

6 UNDP &. R~PUBliGUE D'HAITI: EVALUATION DES BesoiNS PosT CATASTROPHE PouR LE CYCLONE MATHIEU 37 (2016) (hereinafter EVAlUATION DES 8ESOINS], http://WWW. ht.undp.org/content/haiti/fr/home/library/crisis_prevention_and_recovery/

. evaluation-des-besoins-post-catastrophe-pour-le-cyclone-mathieu/.

7 AMNESTY INT\, '15 MINUTES TO LEAVE' DENIAL OF THE RIGHT TO ADEQUATE. HOUSING IN PosT-QUAKE HAITI 48 (2015} [hereinafter 15 MINUTES To LEAVE); https://www.amnestyusa.org/fifes/amr360012015en.pdf ("At present the settlement is estimated to be home to around 200,000 people.").

8 World Health Organization, Globql Health Observatory Data: Number of Reported Cholera Cases. http://www.who.int/gho/epidemic_diseases/cholera/cases/en/(last visited Oct. 14, 2017). . .

9 U.N. OCHA, Haiti: Cholera figures (Dec. 23, 2016). https://reliefweb.int/sites/reliefweb.int/files/ resources/hti_cholera_figures_nov_2016_en.pdf. 1

19 U.N. OCHA. Haiti: Humanitarian Snapshot (July 2017), https://rehefweb.int/sites/reliefweb.int/files/ resources/HTI_Humanitarian_Snapshot_july%202017-EN.pdf.

11 THE EcoNOMIST INTELliGENCE UNrT, Global Food Security Index: Year-on-year trends (Sept. 2017}, http:// foodsecurityindex.eiu.com/lndex {last visited Oct. 11, 20i7);

12 Fooo AND AGRICUlTURE ORGANIZATioN oF THE U.N .• Haiti: Hurricane Matthew.Situation Report (Oct. 12. 2016). https://reliefweb.int/sites/reliefweb.int/files/resources/FAOSituationReport.:.. H urricaneMatthew _121016.pdf •.

13 U.N. OCHA. H,aiti: Humanitarian Snapshot (July 2017}. https://rehefweb.int/sites/reliefweb.iflt/files/ resources/HTI_Humanitarian_Snapshot_july%202017-EN.pdf. ·

14 See, e.g .• Jacqueline Charles, Irma Mostly Spared Haiti. But for Struggling Farmers, the Damages are Devastating. Miami Herald (Sept. 30, 2017}, http://www.miamiherald.com/news/nation-world/world/ americas/haiti/article172268857.html.

15 THe EcoNOMIST INTHUGENce U.NIT, Global Food Security Index: Haiti (Sept. 2017}. http://foodsecurityindex. eiu.com/lndex (last visited Oct. 11, 2017).

16 Estimates based on email exchange w!th Dr. Manuel Orozco, Director, Migration, Re~ittances . · and Development, Inter-American Dialogue (Aug. 18, 2017) (on file with authors). Haiti is the most

-·· ... --.-.-----·-- ----~--·----..:....··-··---------~---~ .. ~--·--- .... _····-'-·----· ·--·-··-~-

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I

/


17

18

19

20

'21

22

. 23

24

25

26

27

28

remittance-dependent nation in the world. See .MANUEL OROZCO, REMITTANCES TO lATIN AMERICA AND THE CARIBBEAN IN 2016. at 16 (Appendix) (Feb. 10. 2017) http://www.thedialogue.org/wp-contentl uploads/2017/02/Remittances-2016-FINAL"'DRAFT.pdf

See Designation of Haiti for Temporary Protected Status. supra, nqte 1:

INA § 244 (b)(3}(A}, 8 U.S.C. §1254 (2012).

INA § 212(a) (presentrng health related grounds, criminal grounds, security grounds, public charge, labor certification, illegal entry, documentation, ineligibility for citizenship, prior removal, and requirement of a guardian to maintain health as classes that are ineligible for a visa).

. . . INA § 244 (c)(2)(B)(i), 8 U.S.C. §1254 (2012).

INA§ 244 (b)(3)(A);8 U.S.C. §1254 (2012).

INA§ 244(b)(1), B U.S.C. § 1254 (2012).

INA§ 244(b)(3)(C). 8 U.S.C. § 1254 (2012) .

Extension and Redesignation of Haiti for Temporary Protected Status. 76 Fed. Reg. 29.000 (May 19, · 2011).

I d.

UNITED ~TATEs DEPARTMENT oF JuSTICE, Temporary Protected Status. https:/jwww.)ustice.gov/eoir/ temporary-protected-status (last visited Oct. 19, 2017).

Ryan Struyk, FEMA Actually Can Stay in Puerto Rico Indefinitely, CNI'.I (Oct. 12. 2017), http://www.

cnn.com/2017/10/12/politics/fema-trump-hurricane-puerto-rico/index.html.

UNITED STATEs DEPARTMENT oF HoMeLAND.SecuRITY FEDERAL EMERGENCY MANAGEMENT AGENCY, Disaster Relief Fund: Monthly Report 6 (July 31, 2017), https://www.fema·.gov/media:..library-data/1502382921399-0cScb 3af822a83ef9ead6369c64f22e9/REVISED-July2017DisasterReliefFundReport;pdf. '

29 Extension of the Designation of Haiti for Temporary Protected Status, 88 Fed. Reg. 23,830 (May 24, 2017).

38 See Letter to the Honorable Elaine c: Duke (October 4, 2017). http://www.ijdh.org/wp-content/ uploads/2016i1 0/1 0.04.2017 _ H aiti:..Amb. -Aitidor-Letter-to-the-H onorable-Eiaine-c.-Duke.pd f [hereinafter Letter to the Honorable Elaine C. Duke] (requesting an 18 month extension or re-designation of TPS for Haiti). ·

31 . /d.

32

33

ld . . '

U.N. OCHA, Haiti: One Year Later (Jan. 2011), http://www.unocha.org/story/haiti-one-year-later:.

34 U.N. OFFICE OF THE SECRETARY-GENERAL'S SPECIAL ADVISER ON COMMUNITY-BASED MEDICINE & LESSONS FROM HAITI, .. Lessons from Haiti: Key Statistics (2012) [hereinafter. Lessons ],.http://www.lessonsfromhaiti.org/ lessons-from-haiti/key-statistics/#section-two ..•

35 · ld. Roughly one-third of these were completely destroyed. and two-thirds were partially collapsed or otherwise badly damaged.

36 ONU-HAITI, REPORT OF THE UNITED NATIONS. IN HAITI 2010: SITUATION, CHALLENGES AND OUTLOOK 8 (2011) [hereinafter SITUATION, CHALLENGEs], https://rellefweb.int/sites/reliefweb.int/files/resources/ F9DE84C8F12B84488525781B0053C3F6-Fuii_Report.pdf ("[E)xperts .•. concluded that the country had lost the equivalent of over 120 percent of its gross domestic product in the seconds following the devastating earthquake."). See also WoRLD BANK GRouP, HAITI EARTHQUAKE PDNA: AssESSMENT oF DAMAGE, LOSSES, GEN~RAL AND SECTORAL NEEDS 6 (March 2010) (hereinafter PONA), https://siteresourceS.WOrldbank. org/INTLAC/Resources/PDNA_Haiti-2010_Working_Document_EN.pdf. ·

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37 INTERIM HAITI REcovERY CoMMISSION, HAITI ONE YEAR LATER: THE PROGREss To DATE AND THE PATH FoRWARD 3 (2011) (hereinafter One Year Later], http://www.lessonsfromhaitl.org/download/Report_Center/IHRC_ Haiti_One_Year_Later_EN __ original.pdf.

38 INTER-AGeNcY STAf.IOING CoMMITTee, ResPoNSE To THE HuMANITARIAN CRISIS IN HAITI FoLLOWING THE 12 JANUARY 2010 EARTHQUAKE 4 (2010) [hereinafter IASC REsPONSE] (listing "Finance Ministry, the Ministry of Education, the Ministry of Public Works, the Ministry· or Communication and Culture, the Palais de Justice (Supreme Court building). the Superior Normal School, the Nationa!School of Administration; the . tnstitut Aime Cesaire, and the Palais Legislatif (National Assembly building)"·among those buildings destroyed).

39 UNITED NATIONs, Report of the United Nations in Haiti 2010: Situation Challenges and Outlook 8 (2010), http://www.un.org/en/peacekeeping/missions/minustah/documents/un_repor(_haiti_2010..,..en.pdf.

40 Designation of Haiti for Temporary Protected Status, 75 Fed. Reg. 3476 (Jan. 21, 2010). Note that TPS went into affect 11 days after the earthquake on January 21. ' ·

41 /d.

42 UNITED NATIONS News CENTRE, UN Calls for suppqrt to recovery plan as Haiti loses $2.7 billion in ·Hurricane Matthew •. (March 6, 2017), http://www.un.org/apps/news/story.asp?NewsiD=56294#. WedjexoPjAz.

43 Robert Warren and Donald Kerwen, A Statistical and Demographic Profi/e.of th~ US Temporary Protected Status Populations from El Salvador, Honduras, and Haiti, 5(3) J. Migration & Hum. Sec. 577, 581 (2017).

44 IASC REsPoNse, supra note at 38 {"The biggest operational challenge of all continues to be the safe settlement of the displaced population ... ").

45 See lessons. supra note 3; see also SITUATioN, CHALLENGEs, supra note 36 at 16.

46 Francis M. Den g. (Representative of the Secretary-General). Guiding Principles on Internal Displacement. U.N. Doc E/CN.4/1998/53/ADo.2 (Feb. 111998) [hereinafter Guiding Principles on lnternaWisplacement]. Under the Guiding Principles on Internal Displacement, an lOP is defined as a "person ... forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or m order to avoid the effects of ... situations of generalized violence .. violations of human rights or natural or human-made disasters.h /d. Annex. para 2.

47 SITUATION, CHALLENGEs, supra note 36, at 12.

48 INTER-AGENCY STANDING CoMMITTEE, Response to the Humanitarian Crisis in Haiti 5 (2010) (https://www. unicef.org/evaldatabase/files/IASC-Haiti_6Mos_Revie~_USA~2010-005-1.pdf.

49 WoRLD BANK GROUP, HAm: TOWARDS A New NARRAnve: SYSTEMATIC CouNTRY DIAGNOSTIC 25 (2015). hhp://www. lessonsfromhaiti.org/download/Report_Center/haiti-scd-final.pdf [hereinafter New NARRATIVE] ("Vulnerability [to sexual violence] is particularly high among internally displaced people in camps and areas affected by the 2010 earthquake .... h); see a/so SnuAnoN, CHALLENGEss~pro note 36 at 51.

50 POTOFI HAITI GIRLS INITIATIVE, GENDER AFTERSHOCKS: TEEN PREGNANCY AND SEXUAL VIOLENCE IN HAITIAN GIRLs: FINAL RESULTS OF AN ADOlESCENT FIElD SURVEY 1 (2012), https://potofi.fileS.WOrdpresS.COm/2012/12/summary· report-poto-fi-girls-gbv-field-survey.pdf.

51 ld.

52 CTR. FoR HuMAN RIGHTS & GLOBAL Jusnce, SeKuAL VIOLENCE IN HAITI's lOP CAMPs: RESULTS oF A HousEHOLD SuRVEY 3 (2011), http://www.chrQI.org/publications/docs/HahiSexuaiViolenceMarch2011.pdf: see also MADRE ET AL .• Gender-Based Violence Against Haitian Women&. Girls in Internal Displacement Camps, in UNIVERSAL PERIODIC REVIEW, REPUBLIC OF HAITI: SuBMISSION To THE UNITED NATIONS 87. 88·(1nst. for Justice & Democracy in Haiti and Bureau des Avocats lnternationaux, eds .• 2011), http://www.ijdh.org/

·-· ·--~-·-.-··-·--------------~-----------·--.-,.----·-· -·

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wordpress/wp-content/uploads/2011104/LERN-Compiled-UPR-Submissions1.pdf ("The Solidarite des Femmes Ha'itiennes, a civil society organization providing medical assistance to rape victims •

. documented 718 cases of gender-based violence in its clinics between January and June 2010.").

53 ld.

54 INT'L 0RG. FOR MIGRATION, HAITI CAMP CoORDINATION CAMP MANAGEMENT CLUSTER DISPLACEMENT TRACKING MATRIX V2.0 UPDATE 9 n.65 (2011). http://www.lessonsfromhaiti.org/download/Report_Center/DTM_ V2_ Report_16_March_2011_English.pdf.

55 /d; See OISO TIMOTHY T. SCHWARTZ ET Al., U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, BUILDING AssESSMENTS AND RUBBLE REMOVAL IN QuAKE-AFFECTED NEIGHBORHOODS IN HAITI (2011), htfp://pdf.usaid:gov/pdf_dOCS/Pnady468. ~t.. . . .

56 INr'L ORG. FoR MIGRATION, HAITI CAMP CooROrNATioN CAMP MANAGEMENT CLUSTEq DISPLACEMEN.T TRACKING MATRIX V2.0 UPDATE 9 (2011), littp://www.lessonsfromhaiti.org/download/Report_ Center /DTM_ V2_ Report_16_ March_2011_English.pdf ('1(W]hile it is observed that the number of lOPs Irving in lOP sites continues to decrease, this does not necessarily imply that durable solutions have been achieved ... (A] considerable number of lOPs that have left the sites have moved into precarious and temporary situations in the neighborhoods");

57 Jake Johnston, 10M Reports Big Drop in IDP Population otter Removing 3 Areas from ·officio/" Comp List. CTR. FoR EcoN. & Poucv RESEARCH: HAITI: Reue·F & RecoNSTRUCTION WATCH (Oct.' 22. 2013), http://cepr. net/blogs/haiti-relief-and-reconstruction-watch/iom-reports-big-drop-in-idp-population-afterremoving-3-areas-trom-official-camp-list (describing reclassification of three areas, housing 54,045 individuals. as no longer lOP sites but new-permanent settlements).

58· NoEL RICHENER, RECONSTRUCTION AND THE ENVIRONMENT IN THE METROPOliTAN REGION OF PORT-AU-PRINCE: CANAAN -A NEIGHBOURHOOD BUILT FROM SCRATCH 2 (2012) (hereinafter RECONSTRUCTION), http://www.urd.org/IMG/pdf/ Canaan_-_a_neighbourhood_built_from_scratch...:Abstracts.pdf ("Canaan is unusual in that it is not really an lOP camp and it is not yet a neighbourhood.").

59 Steffen Nijhuis & Daniel Jauslin, Urban Uindscope Infrastructures: Designing Operative Landscape Structures for the Built Environment, 3.1 RESEARCH IN URBANISM SERres 13 (Apr. 2015). http://dx.doi. org/10.7480/rius.3.874.

6e Stephanie Ott, Haiti Earthquake: A New Storr In Canaan for Survivors, AL JAZEERA, (Mar. 21, 2016) [hereinafter New Start in Conoon]. http://www.aljazeera.com/indepth/features/2016/03/haiti- · earthquake-start-canaan-survivors-160308083308750.html ("The area was completely uninhabited before the earthquake."). · ·

61 Jacob Kushner, Haiti: They Col/ It Canaan, PuLITZER CENTER, (Apr. 14, 2017) [hereinafter They Call It Canaan]. http://pulitzercenter,org/reporting/haiti-they-call-lt-canaan ("Tens of thousands of Hait1ans flocked to the area, arriving from the camps that had erupted throughout the capital").

62 See RecoNsTiwcnoN, supra note 58.

63 They Coli It Conoon, supra note 61 ("Tens of thousands of Haitians flocked to the area. arriving from · the camps that had erupted throu~hout the capital").

64 15 MINUTEs To LEAve supra note 7 at 48 (2015), https://www.amnestyusa.org/files/amr360012015en.pdf ("At f:)resent the settlement is estimated to be home to around 200.000 people").·

65 Alice Co~bet. Community After All? An Inside Perspective on Encampment in Haiti, 29 J. oF REFUGEE STuo. 166, 175 (2015) (discussing howNGOs had been kept waiting for the legal status of Canaan. which was contested by some landowners).

66 15 MtNUTES To LEAVE, supra note 7 at 24. ("Several families living in Informal settlements located on the northern outskirts of Port-au-Prrnce, commonly known as Canaan. were also victims of forced eviction." ·

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. ,

67 15 MINUTES TO LEAVE,. Supra note 7 at 49.

68 /d. . .

69 Compare Anna D. Gage et al., Assessing the Quality of Primary Care in Haiti, 95 BuLLETIN oF THE WoRLD HEALTH ORGANIZATION, (Feb. 8, 2017), http://www.who.int/bulletin/volumes/95/3/16-179846/en/( discussing how over 90% of Haiti's population lives within 5 kilometers of a primary care provider), with They Gal/It Canaan, supra note 61 (discussing how there are ·no hospitals in Canaan).

78 Etant Dupain and Bri Kouri Nouvel Gaye, Kanaran: Haiti's Largest New Shantytown, LET HAITI LIVE, (Jul. 24, 2014, 9:05AM), http://www.lethaitilive.org/news-english/2014/7/24/kanaran-haitis.:.largestnew-shantytown.html (describing that dust is a major cause of illness in the area).

71 New Start in Canaim. supra note 60 ("(E]very month there are cases of diseases like cholera and malaria.").

72 They Gal/It Canaan. supra note 61 ("A few years after people began arriving, there was still no electricity in Onaville") .

73 They Call It Canaan. supra note 61 (explaining that while UCLBP hopes to encourage microfinance but that neither economic opportunities nor infrastructure have materialized).

74 REcoNsTRUCTION, supra note 58 (discussing that development plans have not yet been made public) ..

75 1.5 MINUTES To. LEAVE, supra note 7, at 49 ("The programme does not include a housing component").

76 15 MINUTES To LEAVE, supra note 7, at 49 ("In September 2013 ... Canaan was excluded from the 10M's Displacement Tracking Matrix" ... Exclusion ... had the consequence of leaving tho.usands of IDPs outside the scope of intervention by humanitarian organizations").

7 7 INs. FoR JusT. &. DEMocRAcY IN HAiTI, Haiti Needs Sustainable Alternatives to lOP Camps (Jul. 4, 2014), http://www.ijdh.org/2014/07/topics/housing/haiti-time-to-push-for-development-to-achievedurable-solutions-for-the-internally-displaced-and-the-vulnerable/(citing Chaloka Beyani, former Special Rapporteur on theHumali Rights of lOPs, who states that "!he closure of IDP camps by itself does not mean that durable solutions have been found," and that "much more needs to be done").

78 STILL REELING supra note 5, at 13 (discussing that the Haitian Ministry of Interior initially estimated 175,00.0 to be displaced by the disaster).

79 /d. at 13 ("The squalid, unsafe conditions. reported in these centers- including lack of functioning toilets, separate latrines and bathing· facilities for men and wome?· and education for children- are particularly alarming").

88 ld. (discussing that· displacement was widespread and that some IDPs in collective centers were not profiled and registered).

81 /d. at 14.

82 ./d. (describing that about one-third of homes were completely destroyed, and two-thirds were partially collapsed or otherwise badly damaged). ·

83 UNICEF, CHILDREN OF HAITI: MILESTONES AND LooKING FoRWARD AT S1x MoNTHS 14 (July 2010) (hereinafter CHILDREN OF HAm], https://www.unicef.org/lac/UNICEF _Haiti_-_Six_Months_Report_Final_final_eng(1).pdf.

84 /d. at 14.

85 IA~C RESPONSE, supra note 38, at 6.

86 PDNA, supra note 36, at 24.

87 See ONE YEAR LATER, supra note 37, at 3; see a/so PQNA, supra note 36, at 53 (listing four ways that debris "represent[ed] a threat to the population and environment," including through hazardous material exposure, trapping decaying human remains and waste, and disrupting wastewater drainage).

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88 ONU-HMn, REPORT oF THE UNneo NATIONs IN HAITI 201118 (2011). http://www.lessonsfromhaiti.org/ · download/Report_Center/un-haiti-2011-report.pdf (describing that 50 percent of debris had been cleared). Changing. the denominator suggested that half therubble had been cleared. as opposed to roughly one-quarter: however. it is not clear that early estimates reflecting a consensus of the international community had actually been revised. or whether the United Nations simply wished to contribute to a narrative of progress.

89 S•TuAnoN, CHALLENGEs, supra note 36, at 35.

99 15 MINUTEs To LEAVE, supra note 7, at 18 (listing the three types of codes and color tags that the Ministry of Public Works used to categorize earthquake-affected areas).

9~ /d. at 18 (describing that 94,002 (26.12%) buildings were classified as Yellow. and 71,230 (19.79%) were classified as Red).

92 . Timothy T. Schwartz et al., Building Assessments and Rubble Removal in Quake-Affected Neighborhoods in Haiti (May 13, 2011) [hereinafter BARR Report), http://pdf.usaid.gov/pdf_docs/ Pnady468.pdf.

93 10M/Camp Coordination Camp Management Cluster, Displacement Tracking Matrix V2.0 Update 11 (1Mar. 16, 2011) (hereinafter 10M March 2011], http://www.lessonsfromhaiti.org/download/Report_ Center/DTM_ V2_Report_ 16_March_2011_English.pdf.

94 AMNESTY INr'L, Haiti: Three Years on from Earthquake Housing Situation Catastrophic( Jan. 11, 2013) (hereinafter Haiti: Three Years on]. https://www.amnesty.org/en/latest/news/2013/011 haiti-three-years-earthquake-housing-situation-catastrophic/.

95 15 MINUTEs m LeAvE, supra note 7 at q5 (describing repairing, rebuilding or building housing have accounted for less than 20% of the measures). ·

96 Jacqueline Charles. Rebuilding Haiti: Still a Work in Progress. MIAMI HERALD (Jan. 11, 2015, 7:46PM), ( http: I /www. m iamiherafd .com/news/nation-world/world/a mericas/haiti/articl e6031617. htmf ("The rubble from collapsed buildings and homes that could have filled 4,000 Olympic-size swimming pools is gone.").

97 See EvALUATION oes BesoiNs, supra note 6.

98 HUMANITARIAN COUNTRY TEAM, 2017 HUMANITARIAN NEEDS OVERVIEW 7 (NOV. 2016) (hereinafter I:IUMANITARIAN NEEOS OveRVIEw], https://www.humanitarianresponse.info/system/tiles/documents/files/haiti_hno_2017. pdf.

99 USAID. Housing & Settlements, https://www.usaid.gov/haiti/,shelter-and-housing (last visited Oct. 11, 2017) (hereinafter Housing & Settlements].

199 ld. (suggesting collaboration bet.ween U~AID. GOH, and other key partnerships in focusing on increasing access to housing finance and upgrading infrastructure in existing neighborhoods through locals' own efforts).

101. Note that Yemen is now home to the worst cholera outbreak in recent history, with nearly one million victims. See i.e .• Kate Lyons. Yemen's Cholera Outbreak Now the Worst in History as Millionth Case Looms. THE GuARDIAN, (Oct. 12, 2017). https://www.theguardian.com/global-developmEmt/2017/ oct/12/yemen-cholera-outbreak-worst-in-history-1-million-cases-by-end-of-year.

192 Dowell SF and Braden CR. Implications of the introduction of cholera .to Haiti. Emerg. Infect. Disease (July 2011) http://dx.doi.org/10.3201/eid1707.110625.

193 IASC RESPoNsE, supra note 38. at 6 ..


195 ,ld. at 60.



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106 SITUATION, CHALlENGES, SUpra note 36, at 20.

107 ld.


109 /d.

110 Deborah Jensen et al .. Cholera in Haiti & Other Caribbean Regions, 19th Century, 17 EMERGING INI'Ecnous DISEASES J. 2130, 2130 (NOV. 2011) ..

111 SITUATION, .CHAllENGES, SUpra note 36, at 23.

112 See, e.g., ALEJANDRo CRAvroTo ET AL., FrNAL REPORT of THE INDEPENDENT PANEL o> ExPmTs ON THE CHoLERA OuTBREAK IN HAITI12 (2011) (hereinafter UN INDEPENDENT PANEL OF ExPERTS REPORT); See a/SO TRANSNATIONAL DEVELOPMENT CLINIC, YALE LAW SCHOOL, GlOBAl HEALTH JUSTICE PARTNERSHIP Of THE YAlE LAW SCHOOL AND THE YAlE SCHOOL OF PUBLIC HEALTH & AssoCIATION HAITIENNE DE DROIT DE L'ENVIRONNEMENT, PEACEKEEPING WITHOUT AccouNTABILITY: THE UNITED NATIONS' RESPONSIBILITY fOR THE HAITIAN CHOLERA EPIDEMIC 23-25 (2013), http://WWW.Iaw.yale.edu/documentS/ pdf/Ciinics/Haiti_TDC_Finai_Report.pdf [hereinafter YAlE REPORT) (reviewing genetic studies of the Haitian cholera strain and finding that "molecul~r and genetic studies demonstrate that the Haitian cholera strain is genetically almost identical to the Nepalese strain").

113 UN INDEPENDENT PANEl .. OF EXPERTS REPORT, SUpra note 112, at 21.

114 MINISTRY OF PuBliC HEAlTH AND POPUlATION, .NATIONAl PlAN.FOR THE ELIMINATION OF CHOlER~ 2013-2022 9 {2013), https://reliefweb.int/sites/reliefweb.int/files/resources/Nationai%20Pian%20for%20theo/o20. Elimination%20of%20Ct:l01era%20ino/o20Haiti%202013-2022.pdf.

115 Extension and Redesi·gnation of Haiti for Temporary Protected Status. 75 Fed. Reg. 2900 {May 19, 2o11): By comparison. today there tiave been nearly one million cases of cholera and approximately . 10.000 deaths. See Rick Gladstone. U.N. Brought Cholera to Haiti. Now It Is Fumbling Its Effort to Atone. NY TIMEs (June 26, 2017) [hereinafter U.N. Brought Cholera to Haiti]. https://www. nytimes.com/2017/06/26/world/americas/cholera-haiti-united-nations-pe~cekeepers-yemen .

. html?mcubz=O.

116 u.s. CnrzEN AND IMMIGRATION SERVICE {USCIS). Temporary Protected Status Designations for Liberia, Guinea and Sierra Leone (May 12. 2014), https://www.uscis.gov/outrl'!ach/notes-previousengagements/temporary-protected-status-designations-liberia-guinea-and-sierra-leone.

117 ld.

118 CENTER FOR D1seAsE CoNTROl AND PREVENTION, 2014 Ebola Outbreak in West Africa:-Case Count (April13. 2016), https://www.cdc.gov/vht/ebola/outbreaks/2014-west-africa/case-counts.html.

119 Cholera Fast Facts, CNN (Sept. 29, 2017), http://www.cnn.com/2013/10/16/health/cholera-fastfacts/index.html.

120 UN HAITI FAcT SHEET oN CHOLERA PRevENTION {Dec. 2012), http://www.un.org/News/dh/infocus/hait!l Haiti%20Cholera%20Factsheet%20Dec%202012.pdf.

121 UN OCHA. Haiti: Cholera figures (bee. 2016), http://r~liefweb.int/sites/reliefweb.int/files/resources/ hti _ ctJolera _figures~nov _2016 _ en.pdf.

122 Paul Namphy, Coord. Nat. Response, Symposium: Responding to, and Eliminating. Cholera in Haiti, in the Conte~t of Hurricane Matthew and Other Heightened Vulnerabilities (DATE UNKWOWN), Slides 31-38. http://www .colorado.edu/washsymposium/sites/defaultlfiles/attached-files/namphy _-_ dinepa_cowash2017.pdf. [hereinafter Coord. Nat. Response] (showing detailed graphs and charts about the cholera epidemic in the Grand Anse department. where Matthew hit hardest).

123 UN OCHA, Haiti: Chole.ro Figures, supra note 4.

124 UN OCHA, Haiti: Humanitarian Snapshot (July 20p). http://reliefweb.int/sites/reliefweb.intlftles/

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resources/HTI_Huroanitarian_Snapshot_july%202017-EN.pdf.

125 MSPP drafted the document with DINEPA, UNICEF. PAHO-WHO, and other actors. with a budget of USD 178 m111ion. See Coord. Nat. Response. supra note 122. Slides 31-38. http://www.colorado.edu/ washsym posiu m/sites/default/fi les/att ached-files/namphy _-_din epa_ cowash 2017. pdf.

126 U.N. Brought Cholera to Haiti, supra note 115.

127 UN News. General Assembly Resolution Reaffirms United Nations Support for New Approach to Cholera in Haiti, Including through Trust Fund (July 13, 2017), https://www.un.org/press/en/2017/

ga11929.doc.htm.

i28 See Extension of the Designation of Haiti for Temporary Protected Status. 77 Fed. Reg. 59,943, (o'ct. 1, 2012). See a/so, Extension of the Designation of Ha1ti for Temporary Protected Status. 80 Fed. Reg. 51,582. (Aug. 25, 2015) (announcing the 2016 extens1on). and. most recently, in 2017. Extension of the Designation of Haiti for Temporary Protected Status, 88. Fed. Reg. 23,830 (May 24, 2017) [hereinafter 2017 Extension).

129 /d.

130 PDNA. supra note ~6. at 7.

131 Global Food Security Index: Year-on-year trends, The Economist Intelligence Unit (Sept. 2017). http:// foodsecurityindex.eiu.col"(l/lndex [hereinafter Global Food Security Index] (last visited Oct. 11. 2017).

132 See USAID HAITI, Agriculture & Food Security Fact Sheet (Mar. 2017), https://www.usaid.gov/sites/ default/files/documents/1862/FINAL_Food_Security_March_2017.pdf; see also, El Nino, Drought Blamed As Severe Food Insecurity Doubles In 6 Months In Haiti. World Food Programme (Feb. 9. 2016) https://www.wfp.org/news/news-release/el-nino-drought-blamed-severe-food-insecuritydoubles-6-months-haiti [hereinafter Agriculture & Food Security Fact Sheet] (stating that Haiti is in

· it's third year of drought and 3.6 million Ha1tians are food insecure).

133 See HaitiEnquete Mortatite, Morbidite. et Utilization de'Services (EMMUS-V) 2012. lnstitut Ha'itien de I'Enfance. Petion-Ville. Ha'lti & MEASURE OHS, ICF International, Calverton. Maryland, USA (Apr. 2013), https://mspp.gouv.ht/site/downloads/EMMUS%20V%20document%20final.pdf. See also, USAID, Haiti: Nutrition Profile (June 2014), https://www.usaid.gov/sitestC:Iefault/hles/documents/1864/ USAID-Haiti_NCP.pdf. .

134 Agriculture & Fopd Security Fact Sheet. supra note 132.

135 /d.

136 Global Food Security Index, supra note 131.

137 Fooo AND AGRICULTURE ORGANIZATION oF THE U.N .. Haiti:. Hurricane Matthew Situation Report (Oct. 12. 2016), ht tps: //rei iefweb.int/sites/reliefweb .int/fi les/resources/FAOSituat ion Report_

.· HurricaneMatthew_121016.pdf. ·

138 Fooo AND AGRICULTURE ORGANIZATION oF THE U.N .• Haiti: Hurricane Matthew Situation Report (Nov. 22. 2016), https://reliefweb.int/srtes/reliefweb.intlfiles/resources/FAOSituationReport_ HurricaneMatthew_221116.pdf.

139 /d.

140 Haiti: Humanitarian Snapshot. supra note 4:

141 WoRLD Fooo PRoGRAMME, Trends and Impacts of Staple Food Prices in Vulnerable Countries. 36 THE MARKET MoNITOR (July 2017), https://reliefweb.int/sites/reliefweb.int/files/resources/WFP-0000019676. pdf.

142 . /d.

143 CooRDINATION NATIONALE DE LA SEcuRne AuMENTAIRE [NAT'L CooRDINATION o~ FooD SEc.], FAMINE EARLY WARNING SYSTEMs

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NETwoRK • La saison de printemps a reussi dans Ia plupart des zones agro"ecologiques du pays [The Spring Season Has Begun in the Majority of the Co{!ntry's Agro-Ecological Zones] (Aug. 2017} [hereinafter FAMINE (:ARLY WARNING], http://www.fews.net/sites/default/files/documents/reports/ HT_FSOU_2017_08_FR.pdf.

144 Agriculture & Food Security Fact Sheet. supra note 132.

145 FAMINE EARLY WARNING, SUpra note 143.

146 FAMINE EARlY WARNING SYsTeMs NETwoRK, Pas de changement de phase pour Ia periode projetee suite aux cyclones pour /'instant (Sept. 2017), http://www.fews.net/fr/central-america-and-caribbean/haiti/ key-message-update/september-2017 .• ·

147 Agriculture & Food Security Fact Sheet. supra note 132.

148 Jacqueline Charles. Martelly Assumes Responsibility for Crisis as Haiti Gets New Government, MIAMI HERALP (Jan. 19, 2015}, http://www.miamiherald.com/news/nation-world/world/americas/haiti/ article7601129.html.

149 David McFadden, Haiti's President Deports to Make Way for./nterim Government, USA ToDAY (Feb. 7, 2016}, https://www.usatoday.com/story/news/world/2016/02/07/ haiti-president-departs-interim-government-martelly/79974362/.

150 Jacqueline Charles, Haiti Opens Army Recruitment, MIAMI HERALD (July 17, 2017), http://www. miamiherald.com/news/nation-world/world/americas/haiti/article161855593.html.

151 See S.C. Res. 2350, 11 [pincite to paragraph needed] (Apr. 13, 2017) ("Emphasizing the importance of the continued support of the United Nat1ons and the international community for the long-term security ... "). ·

152 USAID HAm, Democracy, Human Rights & Governance Fact Sheet (March 2017), https://www.usaid. gov/sites/c:fetault/tiles/documents/1862/FINAL_Demo~racyGovernance_March_2017.pdf.

153 U.N. Secretary-General, Report of the Secretary-General on the United Nations Stabilization Mission in Haiti, 1139; U.N. Doc. S/2016/753 (Aug. 31, 2016) [hereinafter SG Report August 2016].

154 U.N. Secretary-General. Report of the Secretary-General on the United IVations Stabilization Mission in Haiti, 1112. U.N. Doc. S/2017/223 (Mar. 16, 2017) [hereinafter SG Report March 2017).

l55 SG Report August 2016, supra note 153, at 1139 ..

156 SG Report March 2017, supra note 154. at 1116.

157 EIRIN MOBEKK, UN PEACE OPERATIONS: LESSONS FROM HAITI1994-2016 98 (2017}.

158 /d.

159 SG Report March 2017, supra note 154, at 1122.

160 See S.C. Res. 2350 (Apr. 13, 2017) ("Emphasizing the importance of the contrnued support of the United Nations ;md the international community for the long-term security ... ").

161' /d.

162 STILL ReELING supra note 5, at 5.

163 STILL REELING supra note 5, at 9.

164 HuMANITARIAN NeEDS OvERVIEW, supra note 98, at 10.

165 SOLIDARIT~ FANM AYISVEN (SOFA) ET Rt:SEAU NATIONAL OE Dt:F~NSE DES 0ROITS HUMAINS (RNODH}, ENQUETE SUR LE HARCELEMENT SEXUEl EN MiliEU OU TRAVAIL EN HAITI4 (2015), http://www.hpnhaiti.com/site/pdf/rapportSOfa. pdf. .

166 BUREAU DES AVOCATS INT~RNATIONAUX ET AL., GENDER ISSUES FACING WOMEN AND GIRLS: SUBMISSION FOR THE 63RD SESSION OF THE UNITED NATIONS COMMITTEE ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN 1123 (2016),

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http://www.ijdh .org/wp-content/u ploads/2009/12/CE DAW-Haiti-Gender-lssues-22 .1.16.pdf.

167 S G Report March 2017, supra note _154, at 1112.

168 Comm. on the Elimination of All Forms of Discrimination against Women, Concluding Observations on the combined eighth and ninth periodic reports of Haitf, U.N .. Doc. CEDAW/C/HTI/C0/8-9, at 119 (2016).

169 HUMAN RIGHTS WATCH, SUBMISSION ON THE COMBINED EIGHTH AND NINTH PERIODIC REPORTS OF HAITI TO THE UNITED

NATIONS CoMMITTEE ON THE ELIMINATION oF DISCRIMINATION AGAINST WoMEN (2016), https://www.hrw.org/ news/2016/01/20/submission-combined-eighth-and-ninth-periodic-reports-haiti~united-nations- · committee [hereinafter HRW PERIODic REPORT]. Rape is prohibited by virtue of executive decree only. /d.

170 Comm. on Elimination of All Forms of Discnmination against Women, Responses of Haiti, .U.N. Doc. CEDAW/C/HTI/Q/8-WAdd.1, at 11 8-9 (2015). .

171 ld. A new President took office in February 2017.

172 SG Report March 2017, supra note 154, at 1119.

173. S.C. Res. 2350 (Apr. 13, 2017) ("Recognizing that strengthening ... re·spect for human rights,

including of women and Children. due process and combating criminality, sexual and gender-based violence, and putting an end to impunity and ensuring accountability are essential to ensunng the nile of law and security in Haiti ... ").

174 S.C. Res. 2350 (Apr. 13, 2017).

175 /d.

1-

176 Letter to the Honorable Elaine C. Duke, supra note 30 (requesting an 18 month extension or re-designation of TPS for H'aiti). ·

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VIA .ELECTRONIC SUBMISSION

The Honorable Elaine Duke Acting Secretary u:s. Department of Homeland Security Washington, D.C. 205~8

Dear Acting Secretary Duke:

i.lnira:d ~rates ;5rmirc CC"""Il:"lf rt t. OV tdt: JUOIC:I<'..RV

\t'JASHINGlOl\., OC l0$JCJ. Q;("S

October 30, 2017

.,

I am writing to ask that you ensure that your periodic review of the T-emporary Protected Status {TPS) of currently designated countries is faithful to Congress's intent in establishing this Jaw, 1 and that you continue to terminate designations for any countries that no longer satisfy the statutory requirements.2 Although I support TPS under the right circumstances; I am very concerned with the way the program has evolved over the last three decades. We now have a program that permits several hundred thousand otherwise removable aliens to remain in the United States, where they are eligible to receive public benefits3 and are authorized for employment, pennitting them to take jobs that niight otherwise be filled by one of the 7.1 million unemployed Americans. 4 l;was encouraged by your recent announcement that Sudan will be terminated, 5 having intenninently been designated for TPS. since 1997, but some of the

·remaining "temporary'' designations have been in effect for decades. 6

As you know, the Immigration and Nationality Act (INA) gives you the authority to designate a country in order to confer TPS on its nationals if: there is ongoing armed conflict posing a ·serious ~hreat to personal safety; the country requests TPS because it temporarily cannot ha.ndle the return of nationals due to environmental disaster; or there ar.e extraordinary and _ temporary conditions that prevent aliens from returning, provided that granting TPS is consistent

1 See Immigration and Nationality Act (INA) §244. 2 INA§ 244(b) lists requirements for a country to be covered under TPS. 3 Dept. of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Public Charge. available at hllps:llwww.uscis govlgreencard!public-charge. 4 Dept: of Labor, Bureau of Labor Statistics. The Employment Situation- August 2017, available at hllps.llwww.bls.govlnews.releaselpdflempsit pdf . · 5 Dept of Homeland Security, USC IS, 82 Fed. Reg. 47 228 (Oct. II, 20 17). 6 Honduras, for example, which is one often ·•temporarily" protected states, was originally designated on January 5, 1999. which designation was most recently extended to last until January 5, 2018. Somalia was·first designated in 1991 and has twice been redesignated since.

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with U.S. national interests. 7 Once a country is designated, nationals already in the United States who qualify for TPS may apply for em"ployr:nent authorization and, as long as they are otherwise qualified, may work legally without fear of removal. 8 Of course, criminals and those who present other thr~ats to society may not qualify. 9

As the name suggests, temporariness is a core element ofTPS, but some populations have enjoyed this status for close to two decades. Currently designated countries, with the original year of designation, are:. El Salvador (2001), Haiti (201 0), Honduras (1999), Nepal (20 15), Nicaragua (1999), Somalia (1991), Sudan (1997) 10, South Sudan (2011), Syria (2012), and Yemen (20 15). 11 The law requires that the Secretary of Homeland Security review country conditions to determine whether TPS is still warranted, at least sixty days before it expires. 12

TPS status for Guinea, Liberia, and Sierra Leone expired on May 21, 2017, 13 and TPS for Haiti was recently extended so that affected Haitians in the U.S. have until January 18, 20 18 to prepare for departure. 14

·

Haiti's current designation demonstrates one ofTPS's most counterproductive incentives: it benefits unauthorized immigrants already in the United States, but does little to help those suffering overseas. After Haiti was designated due to a devastating earthquake in 2010, more than 58,000 Haitians:.-most of them apparently economic migrants who were already present in the United States-registered for TPS, and they have been permitted to remain ever since. 15 But in April ofthis year, USCIS Acting Director McCament recommended that Secretary Kelly end Haiti's TPS 16 and DH5-noting-that country conditions had significantly improved 17

- .

recommended that Haitians prep~re to return to their home country. 18 Given this improving

l * 244(b). 8 § 244(f). 9 § 244(c). 10 TPS for Sudan is scheduled to terminate on November 2, 201}, taking effect-after a 12 month deferral to . "provide tor an orderly transition"-on November 2, 2018. Dept. of Homeland Security, USCIS, Termination of the Designation of Sudan for Temporary Protected Status, 82 FR 47230 (Oct. II, 2017).

· 11 USCIS, Temporary Protected Status, available at hllps.llwww.uscis gov/humanitarianltemporary-protectedstatus#Countries%20Current/y%20Designatecf>420for%20TPS [hereinafter USC IS TPS]. 12 ~ 244(b)(3). . 13 USCIS, "Temporary Protected Status Designated Country. Guinea, available at hllps·llwww.uscis.govlhumanitarianltemporaJy-protected-statusltemporary-protected-status-designated-countiJ'· guinea. 14 Charles, Jaquel ine, The countdown for Haitians with TPS has started. And that has·many in Haiti worried. Miami Herald (Aug. 4, 20 17) available at http:l(www.m'iamiherald com/news/nation-

. world/worldlamericaslhaililartic/e/65471982 html. · is Schulz, Jennifer and Batalova, Jeanne, Haitian Immigrants in the United States, Migration Information Source (Aug. 2, 20 17) available at hllp:l/www.migralionpolicy. orglarticlelhaitian-immigrants-imited-states; .see also· Gomez; Alan. Trump immigration agency wants to kick 50,000 Haitians out of the USA, USA TODAY (Apr. 20. 2017) available at hllps:llwww.usatoday com/story/news/world/20 17104120/trump-agency-temporary-protectionhaitia ns-united-states/1 00 7 094181. 16 Memo from McCament, James W., Acting Dir. USCIS to Secretary Kelly (Apr. 10, 2017) available at hllps -1/drive.go og/e.comlji/eld/08 _ 6gbFPj V Dox WTh2 R2cxc3dx LX dedit. . . 17 Dept. of Homeland Security, USCIS, Extension oft he Designation of Haiti for Temporary Protected Siatus, 82 FR 23830 (May 24, 2017).

• 18 Charles~ Jaquel ine, Haitians Get 6 months of protection from deportation- but told to prepare 1~ leave U.S., Miami Herald (May 22, 20 17), available at hllp·//www.miamiherald.comlnewslnation-.wor/dlworldlamericaslhaitilarticle 15!930/67.html. · • .

2

UNCLASSIFIED U.s: Department of State Case No. F-2017-17275 Doc No. C06541500 Date: 05/07/2018


trend, it seems th~t Haiti will benefit from a return of its productive citizens, which would also be consistent with Congressional intent in establishing the TPS designation .

. State Department statistics suggest that several other countries may also be enjoying unnecessarily extended TPS. Nationals of several TPS countries travel freely to and from the United States, indicating that country conditions are not'so dire as to prevent a return to the TPS country. 19 For example, TPS for El Salvador, granted after earthquakes in 2001 and extended several times since; expires on March 9, 2018. 20 In 2016 alone, however, 51,4 74 non-immigrant visas were issued to nationals of El Salvador, 21 and 50,496 nonimmigrant visas were issued in the capital.city of San Salvador.22 TPS for Honduras and Nicaragua, first granted nearly 20 years ago (on January 5, 1999) and extended many times since, expires January 5, 2018.23 In 2016, however, 54,411 nonimmigrant visas were issued to nationals of Honduras 24 (54;027 from the capital, Tegucigalpa25), and 19,254 nonimmigrant visas were issued to nationals of Nicaragua26 (18,550 from the capital, Managua27

).

In most cases a nonimmigrant visa applicant must prove, to the adjudicating consular . officer's satisfaction, that the applicant intends to return to his or her "residence abroad'1 after

traveling to the United States. 28 Although in some cases, the place of a "residence abroad" may not be the applicant's country of nationality, in most cases the two will be the same.29 This means that in 2016 alone, U.S. government officials determined, on more than IOO,QOO separate occasions, that a national intended to return to one of these three countries that enjoy temporary protected status. It seems implicit in such consular determinations that the country appeared-'from a consular post within the country itself-to be safe enough that' the visa applic;ant's intent to return home was deemed credible. If nationals and U.S. government officials who live within

19 See generally U.S. Dept. of State, Nonimmigrant Visas Issued by Nationaliry,·available at · hnps. !/travel. state.govlcontentldamlvisas!Staristicsl Annual Reporrs!FY20 16A nnual Reporr!Fl' 16A nnual Report-

TableXVIII.pdf[herein.after Natiomility Table]. · 20 See USC IS, TPS available af hnps11www.uscis.gov/humanitarianltemporary-prolected-slatusltemporaryprotected-status-designated-countly-el-salvador. 21 Nationality Table. 22 U.S. Dept. of State, Nonimmigrant Visas Issued by Issuing Office, available at hllps.lltravel state.govlcontentldamlvisas!Statistics!Annual Reports/FY20 16Annua/Report1FY 16Annual Report· TableXIXpdf(hereinafter Issuing Office Table]. · 23 See USCIS. TPS available at https:/l;.,ww.uscis govlhumanitarianltemporary-protected-status. 24 Nationality Table. lS Issuing Office Table. ~6 Nationality Table.

· 21 Issuing Office Table. 18 See U.S. Dept. of State Foreign Affairs Manual (FAM), 9 FAM 401.1-3(F) Residence Abroad availabie at https:/lfam.state govlfam/09FAMI09FAM04010/.htmi#M401 I 3 E. 29 1n some cases, the country of origin may not be the same aS the country of nationality. Although some of the El Salvadoran, Honduran, and Nicaraguan nationals who received nonimmigrant visas in 2016 may have applied at a . consulate or embassy outside of their country of nationality, with the intent to return to a residence abroad in a country other than the TPS~protected country, the similarity between the number of visaS issued to nationals and the number of visas issued from posts within the country suggests that there is at least a rough correlation between the two statistics. In short, it appears likely that most El Salvadoran n~tionals who apply for a ·u.s. nonimmigrant .visa are applyingfi'om within El Salvador, and the same is true for Honduran and Nicaraguan nationals as well. Exact figures for the number of nationals traveling from within a particular country should be available from the Department of State.



the country find it safe enough to return, why then'have we as a government deemed the same country unsafe in the context ofTPS? ·

I hope you will explore and pursue these long overdue opportunities to return populations ofotherwise unauthorized immigrants to their homes, where they can be otmost use. Given the number ofupcor:ning TPS reviews and.the size ofthe population shielded from removal by this program, I would appreciat·e additional information regarding how you intend to manage the · problem. Specifically, I request that you respond to the following questions no later than· November 10,2017:

I; What steps do you take, and what sources do you consult, in conducting a periodic review of a country's Temporary Protected Status?

·a. Several of the countries eligible for H·2B visas are also among those designatttd for Temporary Protected Status. Given that a nonimmigrant visa may only be issued if a consular officer determines that a visa applicant is not

·an intending immigrant, visa issuance suggests that a U.S. government official has determined that an applicant is likely to return to the country of origin: · Does inclusion on the list of countries eligible for H-28 visas, or any other trav~l indicator, factor into your agency's TPS review?

2. Does your agency (or any of its components) collect information regarding the immigration status of a TPS applicant, at the time an application (or request for renewal) is submitted?

a. If the answer to question #2 is "yes," of those aliens whohave been granted . TPS in the past, what percentage were present in the United States without legal authorization to be here, at the time of application or request for renewal? ·

b. If the answer to question #2 is "no," please explain why your agency does not collect such information. . · · ·

3. Once TPS is terminated, what steps does your agency take to ensure the departure of aliens previously shielded from removal by the TPS designation? Please describe all mechanisms (notices, removal, etc.) in detail. ..

a. Once an individual applies f9r TPS, USC IS is in possession of demographic and identifying information that permits the United States. government to locate the individual. Is this information then used to assist in the removal of·

· such aliens, once TPS for the country of national!ty is terinin~ted? \

I

.4



· ...

Thank you in advance for your cooperation with this request. If you have questions, please contact Brad Watts at (202) 224-5225. · ·

Sincert:ly,

Charles E. Grassley United States Senator

. Cc: The Honorable Rex Tillerson Secretary U.S. Department of State

5

UNCLASSIFIED U.S. Oepartment of State Case No. F-2017-17275 Doc No. C06541500 Date: 05/07/2018

I .I

i i I

i I

I

I .

I I

I.

I



From: Sent: To: Cc: Subject:

Ashe, Christopher C

Thursday, October 26, 2017 3:05 PM Frideres, Taryn F Hefright, Brook E

Hill Question about TPS

[RELEASE IN FUL]

Attachments: FW: Clearance by 3pm today: WHA/QFR52b/H - Engel, FY 20185 Budget Hearing; RE:

Hi Taryn,

Clearance by COB today: CEN/QFR39/H - Leahy, TPS for El Salvador and Honduras; RE: CLEARANCE BY 12PM TODAY: HSC/QFR/H -Ambassador Sison, Haiti; Clearance .

Requested by COB Today: WHA/QFR/H- Cardin, FY 2018 S Budget Hearing WHA/HSC QM 0

Attached are the QFRs and responses for our !~test TPS questions from the Hill FYI.

Thanks to Brook for collecting this all.

Thanks,·

Chris

Christopher C. Ashe

Director (Acting) -Office of International Migration Bureau of Population, Migration, and Refugees United States Department of State Official.

UNCLASSIFIED f

UNCLASSIFIED .U!S. Department of State Case No. F-2017-17275 Doc No. C06541532 Date: 05/07/2018


. . .


From: Ashe, Christopher C Sent: To:

Thursday, October 26, 2017 3:00 PM Frideres, TarynF

Subject: . Attachments:

GJC TPS Report- A Statutory Analysis of Haiti's Qualification for TPS. 171025_ Global-Justice-CliniccHaiti-TPS-Report-web-version.pdf

Not sure if you have any interest in the analysis that is likely to come in from external folks· in the coming

weeks. If not- I won't send your way. Happy to send anyway if you'd like and you can hit delete. Just let me know.. '

Christopher C. Ashe

Director (Acting) - Office of International Migration . Bureau of Population, Migration, and Refugees United States Department of State


·- ~··- OOoA00~0000 0 00 ··- -· 0000 0 0 MOON 0,0-- 0 00000

From: Bowers, Allyson M Sent: Thursday, October 26, 2017 2:54 'PM . To: Ashe, Christopher C; Hefright, Brook E Subject: FYI: GJC TPS Report

FYI

Official

UNCLASSIFIED

1


UNCLASSIFIED u·.s. Department of State Case No. F~2017-17275 Doc No. C06541406 Date: 05/07/2018.


From; Sent: To:

Frideres, Taryn F Tuesday, October 31, 2017 8:39PM Hall, Travis J S_SpeciaiAssistants

--~RELEASE IN PART_·] 85 ."

C~:.

Subject: RE: Country Condition Reports: S Decisions on "TPS in Central Am~rica" - 201716812

Great, thanks!


From: Hall; Travis J Sent: Tuesday, October 31,2017 4:06PM To: Frideres, Taryn F <[email protected]> Cc: S SpeciaiAssistants <[email protected]> Subj;ct: FW: Countrv Condition Reports: s Decisions o~ "TPS in Central America"- 201716812.

Taryn,

FYSA, PRM also reviewed the country condition reports. Records confirms the letter and four reports were sent over to · DHS at 2:15p.m. this afternoon.

Travis·

Travis Hall Special Assistant Office of the Secretary 202-647-5298


From: Hefright, Brook E · • Sent: Tuesday, October 31, 2017 4:01PM To: Hall, Travis J <[email protected]> ·

Cc: PRM-Staff Assistant <[email protected]>; Records Unit Mailbox <[email protected]>;

Hartle, Keleigh M <[email protected]>; S_SpeciaiAssistants <S [email protected]>; Ashe, Christopher C · <[email protected]>; Weise, Adam J <[email protected]> Subject: RE: Country-Condition Reports: S Decisions ori "TP? in Central America"- 201716812

t;ti Travis -I have reviewed Tabs 3-6 in "Final Documents" in Everest. I cao confirm that these versions have been edited

i 'I

to reflect the recommendations ifl the Secretary's signed letter, 85 Assuming these are the versions to be transmitted to DHS, they should be good to ·

L-~~~----------------~ go. Thanks, Brook

From: Hefright, Brook E Sent: Tuesday, October 31; 2017 3:34PM To: Hall, Travis J

UNCLASSIFIED U.S. Departm~nt of State Case No.F-2017-17275 Doc No. C06541406 Date: 05/07/2018


. ./

Cc: PRM-Staff Assistant; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants; Ashe, Christopher C; Weise, Adam J ·subject:. RE: Country Condition Reports: S Decisions on ''TPS in Central America"- 201716812

..

Hi Travis- I'll review them quickly. Just to confirm, the country conditions reports that will be transmitted to DHS are these four "Final Documents". in Everest, correct?

Tab 3: El Salvador Tab 4: Haiti Tab 5: Honduras Tab 6: Nicaragua

From: Weise, Adam J . Sent: Tuesday, October 31, 2017 3:28PM To: Hall, Travis J; Ashe, Christopher C Cc:. PRM-Staff Assistant; Hefright, Brook E; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants Subject: RE: Country Condition Reports: S Decisions on ''TPS in Central America"- 201716812

Chris,

I emailed you these o.n the high-side.

Best, Adam


From: Hall, Travis J Sent: Tuesday, October 31, 2017 3:27PM ·'I To: Ashe, Christopher C ·

Cc: PRM-Staff Assistant; Hefright, BrookE; Weise, Adam J; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants Subject: RE: Country Condition Reports: S Decisions on 'TPS in Central America"- 201716812

Chris, \

Thank you very much for flagging. Before approving the memo in Everest we attempted to update the reports to delete the portions the Secretary disapproved. I am copying my colleagues in Correspondence'and Records as the package is currently in their workspace. PRM Staff Assistances should have received the final copy of the memo via Evere.st'when

· we approved the memo. Can your staff take a quick look at the reports to double-check we didn't miss anything?

Thanks,

·Travis

Thanks Travis Hall Special Assistant Office of the Secretary 202-647-5298

Official - SBU

2



UNCLASSIFIED

From: Ashe, Christopher C Sent: Tuesday, October 31, 2017 3:19PM To: Weise, Adam J <[email protected]>; Hall, Travis J <[email protected]> Cc: PRM·Staff Assistant <PRM·[email protected]>; Hefright, BrookE <[email protected]> Subject: Country Condition Reports: S Decisions on "TPS in Central America" ~ 201716812

Hi Travis,

Thanks for the info below. Just to triple flag for you that Brook will send thrqugh the Staff Assistants (on the high side) the Country Condition Reports! --·---· - 85

Clear as mud? If not -just let us know.

Thanks,

Chris ·

Christopher C. Ashe. .

Director (Acting)- Office of International Migration

Bureau of Populatio'1_, Migration, and Refugees

United States Departmen.t of State

(202) 453-9212


. From: Weise, Adam J . Sent: Tuesday, October 31, 2017 3:13PM To:PRM-DAS Cc: PRM-Staff Assistant; Ashe, Christopher C; Hefright, Brook E Subject: FW: S Decisions on "TPS in Central America"- 201716812


From: Hall, Travis J Sent: Tuesday, October 31, 2017 3:07 PM To: PRM-'Staff Assistant; WHAStaffers; Frideres, Taryn F . Cc: S_SpeciaiAssistants; SES_ 4; Records Unit Mailbox; Hartle, Keleigh M Subject: S Decisions on '.'TPS in Central America"- 201716812

PRM, S/P and WHA colleagues,

3

UNCLASSIFIED U.S. Department of State. Case No. F-2017-17275. Doc No. C06541406. Date: 05/07/2018

1

·I


Our. apologies for any confusion regarding S decisions on the memo. Please see the amended recommendations and

decisions below: ·

:..__ ____ __,!Records is currently ~orking to send the signed letter and country reports to DHS.

Please don't hesitate to reach out if you have questions.

Thanks,

Travis

Travis Hall

Special Assistant

Office o~ the Secretary 202-f:!47.~5298

Official - SBU · UNCLASSIFIED

) .

\ .

4 .


85



From: Sent:

Blake,. Richmond P [REL85

ELe--.AsE IN P_ART j Tuesday, October 31, 2017 4:50PM . 11:!5~ _

To: Boyd, Ian H . . . Subject: FW: Country Condition Reports: S Decisions on "TPS in Central America"- 201716812

~YSA on TPS


From: Hefright, Brook E Sel'lt: Tuesday, October 31, 2017 4:40PM To: Blake, Richmond P <[email protected]> Cc: Ashe; Christopher C <[email protected]> Subject: FW: Country Condition .Reports: S Decisions on "TPS in Central America" - 201716812

- . Hi Richmond- Per your call, sending you the back-and-forth with Travis inS Specials below; here's the clarification from

. Travis's 3:07 note. 85 '----'-------'Brook

From: Hall, Travis J Sent: Tuesday, October 31, 2017 4:04PM To: Hefright, Brook E Cc: PRM-Staff Assistant; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants; Ashe, Christopher C; Weise, Adam J I .

Subject: RE: Country Condition Reports: S Decisions on '1"PS in Central America"- 201716812

Brook,

Thank you very much for reviewing and confirming. We will transmit these version to DHS.

UNCLASSIFIED U.S. Department of State Case No. F-20·17-17275 Doc No. C06541409 Date: 05/07/2018

UNCLASSIFIED U:S. Department of Stat~ Case No. F-2017-17275 Doc No. C06541409 Date: 05/07/2018

Thanks again,

Travis

Travis Hall Special Assistant Office of the Secretary

202-647-5298

Official , SBU UNCLASSIFIED

From: Hefright, Brook E Sent: Tuesday, Octo!Jer 31, 2017 4:01PM To: Hall, Travis J <[email protected]>.

.·

Cc: PRM-Staff Assistant <[email protected]>; Records Unit Mailbox <Record·[email protected]>; Hartle, Keleigh· M <[email protected]>; S_SpeciaiAssistants <S [email protected]>; Ashe, Christopher C <[email protected]>; Weise, Adam J <[email protected]> Subject: RE: Country Condition Reports: S Decisions on "TPS in Central America"- 201716812

Hi Travis- I have reviewed Tabs 3-6 in "Final Documents" in Everest. I can confirm that these versions have been edited

_!~reflect the re~omm_e_ndations in the Secretary's signed letter~ . . ·. ·I · . Bt? I · · ~ssuming these are the versions to be transmitted to DHS, they should be good to go. Thanks, Brook

From: Hefright, Brook E sent: Tuesday, October 31, 2017 3:34PM To: Hall, Travis J . Cc: PRM-Staff Assistant; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants; Ashe, Christopher C; Weise, Adam J Subject: RE: Country Condition Reports: S Decisions on "TPS in Central America"· 201716812

Hi Travis -I'll review them quickly. Just to confirm, the country conditions r~ports that will be transmitted to DHS are · these four "Fimll Documents" in Everest, correct?


From: Weise, Adam J Sent: Tuesday, October 31,·2017 3:28PM To: Hall, Travis J; Ashe, Christopher C Cc: PRM-Staff Assistant; Hefright, Brook E; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants Subject: RE: Country Condition Reports: S Decisions on 'TPS in.Central America"- 201716812

Chris,

I emailed you these on the high-side.

Best, Adam

2

UNCLASSIFIED U.S. Department of State Case .No. F-2017-17275 Doc No. COS541409 Date: 05/07i2018



From: Hall, Travis J Sent: Tuesday, October 31, 2017 3:27 PM To: Ashe, Christopher C . · · · . · · Cc: PRM-Staff Assistant; Hefright, BrookE; Weise, Adam J; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants Subject: RE: Country Condition Reports: S Dt:kisions on 'TPS in Central America"- 201716812 · ·

Chris,

Thank you very much for flagging. Before approving the memo in Everest we attempted to update the reports to delete the portions the Secretary disapproved. I am copying my colleagues in Correspondence and Records as the package is currently in their workspace. PRM 'staff Assistances should have received the final copy of the memo via Everest when

· we approved the memo. Can your staff take a quick look at the reports to double-check we didn't miss anything?

Thanks,

Travis

Thanks Travis Hall Special Assistant Office of the Secretary 202~647-5298

Official • SBU UNCLASSIFIED

From: Ashe, Christopher C Sent: Tuesday, October 31, 2017.3:19 PM To:· Weise, Adam J <[email protected]>; Hall, Travis J <[email protected]> · Cc: PRM-Staff Assistant <[email protected]>; Hefright, BrookE <[email protected]> Subject: Country Condition Reports: S DecisiOI}S on "TPS in Central America" - 20171G812

Hi Travis,

Thanks for the info below. Just to triple flag for you that Brook will send through the Staff Assistants (on the high side) the Country Condition Reports 85

Clear as mud? If not- just let us know. . .

Thanks,

·Chris

3



Christopher C: Ashe .

Director (Acting) - Office of International Migration

Bureau of Population, Migration, and Refugees

United States Department of ~tate

(202) 453-9212


From: Weise, Adam J Sent: Tuesday, October 31, 2017 3:13PM To: PRM-DAS Cc: PRM-Staff Assistant; Ashe, Christopher C; Hefright, Brook E Subject: FW: S DeCisions on '1'PS in Central America" - 201716812

Official -. SBU UNCLASSIFIED

From: Hall, Travis J Sent: Tuesday, October 31, 2017 3:07PM To: PRM-Staff Assistant; WHAStaffers; Frideres, Taryn F Cc: S_SJ)eciaiAssistants; SES_ 4; Records Unit Mailbox; Hartle, Keleigh M Subject:' S Decisions on 'TPS in Central America"- 201716812


Our apologies for any confusion regarding S decisions on the memo. Please see the amended recomm~ndations and decisions below: ·

~-==-tRecords is currently working to send the signed letter and country reports to DHS.

Please don't hesi.tate to ·reach out if you have questions:

4

I I


85


Thanks,

Travis .

travis Hall

Special Assistant

Office of the Secretary ~02-647-5298

· Official - SBU UNCLASSIFIED

\.

'1.

5

. UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C065414d9 Date: 05/07/2018

/ .

. \

/


Hartmann, Lorrain.e (Lori)

From: Blake, Richmond P RELEASE IN PART Sent: Tuesday, October 31,2017 4:47PM · BS To: . Hefright, Brook E ·-----,---~

Cc: Ashe, Christopher C Subject: ~E: Country Condition Reports: S Decisions on "TPS in Central America"- 201716812

Thanks for clarifyin~.

Official . . UNCLASSIFIED

From: Hefright, Brook E Sent: Tuesday, October 31,2017 4:40PM To: Blake, Richmond P <[email protected]>

· Cc: Ashe, Christopher C <[email protected]> Subject: FW: Country Condition· Reports: S Deci.sions on "TPS in Central America" -201716812

Hi Richmond- Per your call,' sending you the back-and-forth with Travis inS Specials below; here's the clarification from Travis's 3:07 note: 85

L.__ _ __:_ _ _JBrook

From:.Hall, Travis J Sent: Tuesday, October 31, 2017 4:o4PM .

. To: Hefright, Brook E ·. Cc: PRM-Staff Assistant; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants; Ashe, Christopher C; Weise, Adam J . . . . . '

Subject: RE: Country Condition RepOrtS: S Decisions on ''TPS in Central America"- 201716812 . .

Brook,

Thank you very much for reviewing and confirming. We will transmit these version to DHS·.

1



Thanks again,

Travis

Travis Hall Special Assistant Office of the Secretary 202-647-5298


From: Hefright, Brook E Sent: Tuesday, October 31, 2017 4:01PM To: Hall, Travis J <[email protected]> Cc: PRM-Staff Assistant <[email protected]>; Records Unit Mailbox <RecordsUnitMaiibo·[email protected]>; Hartle, Keleigh M <HartleKM@st<he.gov>; S_SpeciaiAssistants <S [email protected]>; Ashe, Christopher C <[email protected]>; Weise, Adam J <[email protected]> ·

... Subject: RE: Country Condition Reports: S Decisions on "TPS in Central America"- 201716812

Hi Travis -- I have reviewed Tabs 3-6 in "Final Documents" in Everest. I can confirm that these versions have been edited to reflect the recommendations in the Secretary's signed

go. Thanks, Brqok

From: Hefright, Brook E sent: Tuesday, October 31, 2017 3:34PM . To: Hall, Travis J

these are the versions to be transmitted to DHS, they shouid be good to \J

Cc: PRM-Staff Assistant; Records Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants; Ashe1 Christopher C; Weise1 Adam ] . . . Subject: RE: Country Condition Reports: 5 Decisions on "TPS in Central America"" 201716812

Hi Travis -I'll review them quickly. Just to confirm, the country conditions reports that will be transmitted to OHS are these four "Final Documents" in Everest, correct?


From: Weise, Adam J sent: Tuesday1 October 31, 2017 3:28PM To: Hall1 Travis J; Ashe1 Christopher C Cc: PRM-Staff Assistant; Hefright1 Brook E; Records Unit Mailbox; Hartle1 Keleigh M; S_;SpeciaiAssistants Subject: RE: Country Conditio.n Reports: S Decisions on 'TPS in Central America"- 201716812

Chris,

I emailed you thes~ on the high-sid~.

Best, 2


BS

- . UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541412. Date: 05/07/2018

Adam


From: Hall, Travis J sent: Tuesday, October 31, 2017 3:27PM To: Ashe, Christopher C Cc: PRM-Staff Assistant; Hefright, BrookE; Weise, Adam J; RE;!cords Unit Mailbox; Hartle, Keleigh M; S_SpeciaiAssistants Subject: RE: Country Condition Reports: S Decisions on "TPSin Central America"- 201716812

Chris,

Thank you very much for flagging. Before approving the memo in' Everest we attempted to update the reports to delete the portions the Secretary disapproved. I am copying my colleagues in Correspondence and Records as the package is currently in their workspace: PRM Staff Assistances should have received the final copy of the memo via Everest when we approved the memo. Can your st'aff take a quick look anhe·reports to double-check we didn't miss anything?

Thanks,

Travis

Thanks Travis Hall Spebal Assistant Office of the Secretary 202-647-5298


From: Ashe, ChristopherC Sent:.Tuesday, October 31,2017 3:19PM .To: Weise, Adam J <[email protected]>; Hall, Travis J <[email protected]> Cc: PRM·S~aff Assistant <[email protected]>; Hefright, BrookE <[email protected]> Subject: Country Condition Reports:'S Decisions on "TPS in Central America"- 201716812 ·

Hi Travis,

Thanks for the. info below. Just to triple flag for you that Brook will send through the Staff Assistants (on the

the Condition ·

Clear a~ mud? If not- just let us know .

. Thanks,

Chris

3

. UNCLASSIFIED U.S. Department of State Case No.-F-2017-17275 Doc No. C06541412 Date: 05/07/2018

85

UNCLASSIFIED u.S. Department of State Case No. F-2017-17275 Doc No. 'cd6S41412 Date: 05/07/2018

Christopher C. Ashe . Director (Acting) - Office of International Migration

Bureau of Population,'Migration, and Refugees United States Department of State (202) 453-9212


From: Weise, Adam J sent: Tuesday, October 31, 2017 3:13PM To: PRM-DAS . Cc: PRM-Staff Assistant; Ashe, Christopher C; Hefright, Brook E Subject: FW: 5 Decisions on 'TPS in Central America" - 201716812


From: Hall, Travis J Sent: Tuesday, October 31, 2017 3:07 PM

. To: P,RM-Staff Assistant; WHAStaffers; Frideres, Taryn F Cc: S_SpedaiAssistants; SES_ 4; Records Unit Mailbox; Hartle, Keleigh M Subject: S Decisions on "TPS in Central America"- 201716812


...

Our apologies for any confusion regarding S decisions on the memo. ·Please see the amended recommendations and . decisions below: '

_ Records is currently working to send the signed letter and country reports to OHS.

Please don't hesitate to ·reach out if you have questions.

4

UNCLASSIFIED U.S. Department of State ·Case No. F-2017-17275 Doc No .. COS541412 DatEr 05/07/2018

85

' . UNCLASSIFIED U.S. Department of State Case No. F-20.17-17275 Doc No. C06541412 Date: 05/07/2018 I.

Thanks,

Tr.avis

Travis Ha·ll

Special Assistant

Office of the SecretarY 202-64 7-5298


.L

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UNCLASSIFiEO U.S. Departmentof Stat~ Case No. F-2017-17275 Doc No. C06541412 Date: 05/07/2018

UNCLASSIFIED U.S. Department of State Case No. F-20.17-17275 Doc No. C06541438 Date: 05/07/2018

~artmann, Lorraine (Lori)

Froffl: Sent: To: Subject:

Travis-

WHAStaffers Tuesday, October 31, 2017 3:23 PM Hall, Travis J RE: S Decisions on "TPS in Central America"- 201716812

Thank you for the written clarification.-

Best, Sarah

SBU This email ls UNCLASSIFIED.

from: Hall, Travis J ( Sent: Tuesday, October 31, 2017 3:07PM To: PRM-Staff Assistant; WHA.Staffers; Frideres, Taryn F Cc: S_SpeciaiAssistants; SES_ 4; Records Unit Mailbox;-Hartle, Keleigh M

·Subject: S Decisions on "TPS in Central America''- 201716812


' . RELEASE IN PART 85

Our apologies for any confusion regarding S decisions on the memo: Please see the amended recommendations and decisions below:

is currently working to send the signed letter and country reports to DHS.

Please don't hesitate to reach out if you have questions.


85

85

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541438 Date·: 05/07/2018

Thanks,

Travis

Travis Hall

Special Assistant

Office of the Secretary 202-647-5298

Official - SBU · UNCLASSIFIED

) .

2

l

UNCLASSIFIED U.S. Department of.State Case No. F-2017:-17275 Doc No. C06541438 Date: 05/07/2018

I


" IR8 E5

LEAS.E IN PAR.T1 (SBU) Secretary's Call Sheet for .

Acting Secretary Duke, Department of Homeland Security

(SBU) Background: TPS for Nicaragua and Honduras will expire January 5, 2018; for Haiti January 22, 2018; and for J?l Salvador March 9, 2018. Department of Homeland Security (DHS) Acting .Secretary Duke must decide whether to ext.end or terminate the programs no later than 60 days prior to their expiration. As many as 400,000 people - many of whom have been, here for more than a decade and may have U.S. citizen children - will be-impacted. Congress, NGOs, recipients' home countries, and other advocates are closely following this issue and the foreign _p_<~Ii£Y an_Q__p.flJitica!..r.isks are real.

~--------------~~--------------------~

(SBU) Talking Points:·

UNCLASSIFIED U.S. Department of State Case No. F-2017-.17275 Doc No. C06541442 Date: 05/07/2018

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No: C06541461 Date: 05/07/2018

Hartmann, lorraine (Lori)

From: . Sent: To:

Brown, Clinton S Tuesday, October 31, 201710:38 AM Frideres, Taryn F; Peterlin, Margaret JA

RELEASE IN PARTl' 85,86 i

cc: subject:

Madyun, M~nir D; Williams, Meredith B; Ciccone, Christine M; Hook, Brian H RE: TPS Letter

Taryn, Thanks. Tracking. Tad

Official UNClASSIFIED

From: Frideres, Taryn F . Sent: Tuesday, October 31, 2017 10:23 AM · To: Peterlin, Margaret JA <[email protected]>

\

Cc: Brown, Clinton S <[email protected]>; Madyun, Munir D <[email protected]>; Williams, Meredith B <[email protected]>; Ciccone, Christine M <[email protected]>; Hook, Brian H <[email protected]> Subject: RE: TPS Letter

Margaret:

Flagging that I just got a call from Chad WolfatDHS re: the TPS package.

I confirmed that we expect the country conditions reports will be sent over to DHS today.

He indicated that once the

Thanks,

Taryn


From: Frideres, Taryn F Sent: Friday, October 27, 2017 8:32 PM

I

To: Peterlin, Margaret JA <[email protected]>. . Cc: Brow~. Clinton S <[email protected]>;. Madyun, Munir D <[email protected]>; Williams, Meredith B <[email protected]>; Ciccone, Christine M <[email protected]> Subject: Re: TPS Letter

It looks like' Gene h<Js just made the move over to DOJ. Will try to reach the newly confirmed USCIS Director or Chad Wolf. •

Sent from my iPhone

On Oct 27, 2017, at 8:06PM, Fric;feres, Taryn F <[email protected]> wrote-:


85

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No~ C06541~61 Date: 05/07/2018

Ok. I can call over to Gen·e Hamilton now.

Sent from my iPhone

On Oct 27, 2017, at 7:56PM, Peterlin, Margaret JA <[email protected]> wrote:

......

I .

Hey

We should get the decision over now, while he· reviews the letters ov~r thewkend

M. J. A. Peterlin · Chief of Staff

On Oct 27, 2017, at 7:49 PM, Frideres, Taryn F <[email protected]> wrote:

Margaret:

Per our"discussion before

·-----------

Based on S's decision, l'~e also made technical conforming edits to both versions.·

Thanks,

·raryn

Taryn Frideres Special Advisor, Policy Planning Staff Office of the Secretary : Department of State 202-64 7 -I 709 (office)

'-----~-' (mobile) Frideres [email protected]

Official"- SBU · UNCLASSIFIED

<iL--,---:-__ __JiTPS Letter .to DHS Acting Secretary · Duke.docx>

4________ _ ___ /rPS Letter to DHS Acting Secretary Duke.docx>

2 ..


85

86

85




Dear Brian

Eddy.Nw..l ___ __, Sunday, October 29, 2017 liOB PM Hook, Brian H tps ".

[RELEASE IN PART I . 86 ~ ---·---,··-

'I

The American ·people demand the Trump administration to NOT renew .Temporary Protected Status (IPS) ro·r 60,000 Hondurans because they were grant~d special immigration status in 1999 after Hurricane Mi·tch, allowiniphem to stay in the country without fear of deportation. IPS grants immigrants legal status -they can work and must pay taxes- because ofconditions·iri their home country,-~uch as civil war or natural disaster.

,Since the,hurricane;the US has re·newed IPS for Hondurans 13 times which is 12 times too mimy and Trump inust take care of Americans NOW with Hurricane Har-Vey and Irma. . . ,.

141!:1. .

TcmpCl'.:.rv Pro ted~ Stittus dcslgn\ltlon .. txpifation, and dcc.blon date~ fur El Sal\•ado:. Hondufcls, and Haiti ·

·.Mo-.: r.~·cot\1 liP\F.ijMIIco d.J.!»

. · iA.il~fi0 9,1.C~·i . ' 'j ... · M!'ilf(M,ioii .. :. · 'Jb!~Vii,:!nriiil . ·• • . ~ • • ' '·' , • • • ''. • ' I . • ' . '

lc!.nui.ty ), '"~ l.iniJ.lt\' S. i!)<~ ~;~'l!fllt~tr IU'CIH :. ii:t,!:H. 'l'3li . . . . iA~ry7.1:~!-B' .: :. :NO\~tcn!3Cil ~J,:il)):." .

. ., . ' . . . . .· . ~ ': . . . .... . ~ . : '. ' . . . -~ . . .. "'h,n-l"'l .1{.(,.._"':1'~""t(" ••:1 ~"71;:nur..n"VnWt,.·tN.~ A.·t~l· 1~~)tJ"l t'\-;t,..tJ>d ._...&fi>..,•IVIf+tl'> ,!J'!nt~t~""'l3"'•'-u-o~~~t·a .... ·~~'~~·•·U:t..· .... -, ... ~U.~H-w·,,,u,...,..('..O ,,:,,~;·,.f"r~V.,.·"··~,r~~,· ,~.,w.!o . • :".u:·t•l ..'.:'' i"p.J~(.lV.:f1':t~ l•~: tB•J:l'(IV'<*"' ~i;-'A<'h ... ,.,,...!•j('~~ h:'"''"'=.~·'/ "'',J".JC:J'V 11 trr ... ~ ... : ~ · " • -~·.~o.4W':i~1,f'-lt'!" .• ,.,..,,t'I!-.'J_,.::.or;-.-,-;,.,,M,o ~.tttt-4-\ .h'1.~'"'e,.._~.,..,-..,t~t >-.:.rtJ').

,l • • •

Trump must revoke IPS affecting as many as.300,000 people from the Western Hemisphere because in· addition to Honduras, it_ must extends to Haitians, Salvadorans, Nicaraguans,. among others. Trump_rriust deport IPS Salvadorans NOW because they may have ties to MS-13 gang, and they,~lready,·got 17 years.ofliving in America. We are furious Trump promised to crack down on immigration but in June, the administration pledged· support to developing Central American nations during a two~day·corifererice in Miami. Trump must deport Hondurans and other than Mexicans (OTM) NOW because IPS returnees are better educated· and saved money during their time in the US, so they sky is not falling an('frump must put America FIRST, not Honduras, Nicaragua, Haiti, or El Salvador.,·. · · ·

. (

• t • •·


86


This message and any attached document is sent privately in the publ~c interest and may contain candid, open, and truthful advice, recommendations, opinions, proposals, and information that is privileged, proprietary,· non-public and exempt from disclosure, confidential or otherwise protected by law, and may be subject to executive, diplomatic, judicial, clerical, deliberative process or other privilege and is intended. solely for the recipient and not for disclosure or distribution. If you are not the intended recipient, or 'ln employee or agent responsible for delivering this message to the intenc!ed recipient, you are hereby notified that you are·prohibited from reviewing, retransmitting, printing, copying, scanning, disseminating, uploading or otherwise using in any manner this email or any attachments to it. Please notify.

· the sender immediately by email if you have received this email by mistake and delete this email from your system. Email transmission cannot be guaranteed to be secure or error-free as information could be intercepted, modified, corrupted, lost, destroyed, manipulated, incomplete, arrive late or contain viruses. The sender therefore does not accept liability for any errors, revisions o·r omissions in the contents of this message which arise as a result of email transmission or unauthorized disclosure or distribution ..

2

''·

UNCLASSIFIED U.S. Department of State Case No .. F-2017-17275 Doc No. C06541513. Date: 05/07/2018



·From:· Se~t:

To: · Subject:

_DearTom

Eddy.Nl__ __ l . Sunday, October 29, 2017 12:08 PM Shannon, Thomas A tps

RELEASE IN PART 86

''

The American people demand the Trump administration to NOT renew Temporary.Protected Status (TPS) for 60,000 HQndurans because they were granted special immigration staiu,s in 1999 ·after Hurricane Mitch, allowing them to stay in the country without fear of depo~ation. TPS grants immigrants legal statu's -they can \.... work and. must pay taxes- because of conditions in their home·country, such as civil war or natural disaster.·

· · Sincethe hurricane, the US has renewed"TPS for Hondurans lJ.tlmes.which is 12 times too many and Trump must take care· of Americans NOW with Hurricane Harvey and Irma.· · · ·

141"1 I ")

T i:mporary Prol<:tt~:d St;;~t·u~ de:.iynatlon. c:xpiratlon, and dti.h.lon dati:$ for El Satvado~, Hondura~. and Haiti

t.'A~Ht lt<41\l

0 ,.\lo1<'UIOI'I a:.l~ hl'll,Hl~l' d~l.. i);')otiW\n ICJ'1fi~:W

ri's.ilva:k• . .::; : :.; ri,j'.$ ?-j(()t · · ·;_ : · -~~·9;-!~t·a: , ·· ·:· !·j;lr,...,ria.~!-lr ·. · IV>ttal.r.:rl · J..lnw:ty S,-i·~~ JarnMly~. tl>ii': ,.,l'ltfTIDer6,:1(t1i

!tli:(.: ··. :·:: ... ;·- ;M}'?.l:·l~l~ ·· ...... li.lll!"'t)•1i.'2.018" ·:· N:w:~~'l.J,ifl .. ll_. • t ' • ' ' I ~ ... • • " • • 1, < I •

-·----~--·-'-·------------------

Trump must revoke TPS affecting -as many as 300,000 people from the Western Hemisphere because :in addition to Honduras, it must extends· to Haitians, Salvadorans, Nicaraguans, among others. Trump m'ust deport. TPS Salvadorans NOW because they may have ties to MS-13 gang, and they alreaqy got 17 years of living in AmeriCa. We are furious Trump promised to crack down on immigr~tion but in June, the administration pledged

.. support to developing .Central American nations during a two-day conferen~e in Miami. Trump must 'deport. Hondurans and other than Mexicans (OTM) NOW because TPS returnees are better educated and ~aved money during their time in the US, so"they sky is not falling and Trump must-put.Amerka FIRST, not Honduras, Nicaragua, Haiti, or El Salvador. · ·

"·

·UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541516 Date: 05/07/2018

86

'. •',


This message and any attached document is sent privately in the public interest and may contain candid, open, and · · truthful advice, recommendations, opinions, proposals, and information that is privileged, proprietary, non~public and exempt from disclosure, confidential or otherwise protected by law, and may be subject to executive, diplomatic, judicial, clerical, deliberative process or other privilege and is intended solely for the recipient and not for disclosure or distribution. If you are not the intended recipient, or an employee ·or agent responsible for delivering this message to the intended recipient, you are hereby notified that you are prohibited from reviewing, retransmitting, printing, copying, scanning, disseminating, uploading or otherwis~ using in any manner this email or any attachments to it. Please notify the sender immediately by email if you have received this.email by mistake arid' delete this email from your system. ·Email transmission cannot be guaranteed to be secure or error-free as information could be intercepted, modified, corrupted, lost,destroyed, manipulated, incomplete, arrive late or contain viruses. The sender therefore does not · accept liability' for any errors, revisions or omissions in the contents of this message which arise as a result of email

·transmission or unauthorized disclosure or distribution.

'

2


-UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541651 Date:05/07/2018


From: Sent: To:

W!!ise, ·Adam J Thursday, October 26, 2017 12:36 PM Frideres, Taryn F; Hefright, BrookE

[ReiEA5FfiNPA"R'f85]

Cc: $ubject:

PRM-Staff Assistant; Wiebler, Maja; Ashe, Christopher C ·----~--. RE: Check HS: Line bounced the TPS package for a clarificationC · I ·

t will upload everything now.

Best, Adam

. Official UNCLASSIFIED

Thank you; Brook, Edits you made look good. Please proceed.

Official UNCLASSIFIED r

From: Hefright, Brook E Sent: Thursday, October 26, 2017 10:30 AM To: Frideres, Taryn F <[email protected]>

'-

Cc: PRM-Staff Assistant <[email protected]>; Wiebler, Maja <[email protected]>; Ashe, Christopher C

85

. 85.

<[email protected]> , · Subject: RE: Check HS: Line bounced the TPS package for a clarification . 85

. . Hi Taryn- PRM submitted the package last night. The Line bounced it back to PRM this morning.

1. 85

I I

From: Frideres, Taryn F · , · Sent: Thursday, October 26, 2017 10:26 AM To: Hefright, Brook E · · Cc: PRM-Staff Assistant; Wiebler, Maja; Ashe, Christopher C Subject: Re: Check HS:. Line bounced the TPS package for a clarification!. 85

I'm at aOnd unable to review until this afternoon. I don't understand why th~re are edits being made or why r didn't 85 see them last night?

1


UNCLASSIFIED U.S. Department of St_ate Case No. F-2017-17275 .Doc No. C06541651 Date: 05/07/2018

Sent from my iPhone 1.

On Oct 26; ?017, at 10:19 AM, Hefright, BrookE <[email protected]> wrote:

Hi Taryn -I went ahead and made some small clarifying edits in your S-DHS letter and sent them to you with tracked changes on the H/S. If the edits look fine tci you, please just let us know (both h/s and 1/s) and we'll get the revised package back up to the line ASAP. Just left you. a voicemail to this effect, as well. Thanks, Brook

From: Hefright, BrookE Sent: Thursday, October 26, 2017 9:59AM To: Ashe, Christopher C Cc: PRM-Staff Assistant; Wieb!er, Maja Subject: Check HS: Line bounced the TPS package' for a clarification

L-------------~

/ _______ · ----- _· -~------1 Brook Brook Hefright I. Bureau of Population, Refugees and Migration 1 u.s. Departme.nt of State 2025 E Street NW, Washington •. DC 205201 [email protected] 1(202) 453-9209

2

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85

85



From: Sent: To: Cc:.

Frideres, Taryn F Thursday, Octob_er 26, 2017 9:56 AM · Hook, Brian H Breier, Kimberly

RELEASE IN PART 85,86

TPS for El Salvador, Honduras, Nicaragua & Haiti

AM to S- TPc=_. !Recommendation -10-23-2017~'-----'!docx Subject: Attachments:

Brian:

A quick update on the temporary protected status (TPS) issue Kim and I flagged for you a couple of weeks ago, as it's . possible that s may ask you for input over the next couple of days. · ·

The package from WHA, PRM, and S/P has been finalized. Summary of positions:

The AM to Sis attached I . ]. For ease of reference,! follows. If you have any_ questions, just let me know. ..,..__ __ _

_ _!included in the AM are as.

UNCLASSIFIED U.S. D:epartment of State Case No. F-2017-17275 Doc No. C06541652 Date: 05/07/2018

85

85

85

. . . UNCLASSIFIED U.S. Department of State Case No. F~2017-17275 Doc No. C06541652 Date: 05/07/2018

Taryn Frideres · Special Advisor, Policy Planning Staff

Office of the Secretary · Department of State 202-647-1709 (office)

[' ~ (mobile) F rideres TF @state. gov

· .Official

UNCLASSIFIED

. '

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85

86




ACTION MEMO FO~ THE SECRETARY

FROM: PRM- Simon Henshaw, Acting WHA- Francisco L. Palmieri, Acting

Wa5hfngton, D.C. · Z05ZO

·October XX, 20 I 7

SUBJECT: (SBU).Rec:orimiendation Regarding Temporary Protected Status (TPS) f~r Honduras, Nicaragua, Haiti, and El Salvador.



~-- --·----- -·-·---·-·· - - - I Formatted: ust Paragraph, Bulleted + Level: j

l_!!c~IQned at:._~~-".!_!n~ ~~ _0:5.~-- _ ..

r----- --------------- ·-·,· · · - i Formatted: List Paragraph J - · (!!~~~~~-lim~-~~o~an ____ ]


85



I. I

t-- ·L~~fe.~ .- ~ l Formatted: Indent: left: 0" , j

/

~-- -;-~;;-;r~dent~:Left~ o.s-:~r;b~tietsor 1 ~berll'l9 ·--'

[__ ( ........ :"' ..... "' L-------------------------------------------------------~ Ba~kground . (SBU) TPS for Nicaragua and Honduras will expire January 5, 2018; for Haiti January 22, 2018; and for El Salvador March 9, 2018. The DHS Secretary must review and decide whether to

· extend or terminate TPS 'designations no later than 60 days before expiration, and intends to· · make a decision on El Salvador, Honduras, and Nicaragua by November 3, and on Haiti by November 22. DHS requested that the Department provide a report and recommendatior:~ on whether the conditions for each country's TPS designation continue to be met and whether further extension, potential re-designation, or termination is warranted.·

SENSITIVE BUT U~CLASSIFIED


85,


· SENSITIVE BUT UN"cLASSIFIED

. SENSITIVE BUT UNCLASSIFIED


85 I

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\ 0

I

Attachment(s):

Tab 1.~-----l Outgoing CorrespondenCe to Acting DHS Secretary Duke ·Tab 2 J . ·~Outgoing Correspondence to Acting DHS Secretary Duke Tab 3- PRM and WHA Assessment of the Foreign Policy Implications ofDHS

Termination ofTPS Tab 4- Department of State's Country Conditions Report for El Salvador Tab 5- Depart!lJent of State's Country Conditions Report for Haiti


I

UNCLASSIFIED U.S. Department of State .Case No. F-2017-17275 Doc No. C06541654 Date: 05/07/2018

I

:-·

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UNCLASSIFIED U.S. Department of State Case No. F-2017717275 Doc No. C06541654 Date: 05/07/2018


Tab 6- Department of State's C~untry Conditions Report for Honduras Tab 7- Department of State's Country Conditions Report for Nicaragua Tab 8 -'Overview ofTemporary Protected Status. ·



I

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06541654 Date: 05/07/2018 ·


Approved: PRM- Simon Henshaw, Acting (SH)

Drafted:

Cleared:

/

WHA- Francisco L. Palmieri, Acting [FLP)

PRM/PIM- Brook He.fright, ext. 7-39209 a~d home/cell: Ll ____ ,..)_JI

PRM/FO- Margaret Pollack WHAIFO- Kenneth Merten, Acting WHAIFO- John Creamer

. PRM/PIM- Christopher Ashe 0- Jamie Shufnebarger J- Richmond,Biake P- Luis Mend'ez SIP- Taryn Frideres LIHRR ·Anna Melamud LIFO- Kathleen Hook WH.AICEN- Eric Sigmon WHAIHSC- Allyson Bowers

\

{ok) {ok) {ok) {ok) {ok) -{info by request) ·{info by request) {ok) ' {ok) (okf' {ok) {ok)

SENSITIVE BUT' UNCLASSIFIED

I


86


~~ Journal on Migration ~ and Human Security

A Statistical and·Demographic Profile of the us· Temporary Protected Status· Populations from El Salvador, Honduras~ and ·Haiti Robert Warren

!RELEASE IN FULL!

Center for Migration Studies

Donald Kerwin Center for Migration Studies

Executive Sultllita.ry1

This report presents detailed statistical information on the US Temporary Protected Status (TPS) populations from El Salvador, Honduras, and Haiti. TPS can be granted to noncitizens from designated nations who are unable to return to then· countries because of armed conflict, environmental disaster, or other extraordinary and temporary conditions. In January 2017, an estimated 325,000 migrants from 13 TPS-designated countries resided in the 'United States. This statistical portrait of TPS beneficiaries from El Salvador, Honduras, and Haiti reve.als hardworking populations with strong family and other ties to the United States. In addition,· high percentages have lived in the United $tates for 20 years or more, arrived as children, and have US citizen children. The paper finds that:

• The labor force participation rate of the TPS population from the three nations ranges from 81 to 88 percent, which is well above the rate for the total US population (63 percent) and the foreign•born population (66 percent).

• The five. leading industries in which TPS ·beneficiaries from these countries work are: construction (51,700), restaurants and other food .services (32,400), landscaping services (15,800), child day care services (10,000), and grocery stores (9,200).

• TPS recipients from these countries live in 206,000 households: 61,000 · of these households (about 30 percent) have mortga·ges.

• About 68,000, or 22 percent, of the TPS population from these nations arrived as childr~n under the age o£.16.

I This paper, originally published in July 2017, was revised in August 2017, lo incorporate a change in the number of Temporary Protected Status (TJ>S) recipients living in households with mortgages.

© 2017 b.Y the Center for Migration Stu,di€s of New York. All rights reserved.

JMHS Volume 5 Number 3 (201 7): 577-592


. .

UNCLASSIFIED .U.S. Department of State Case No. F-2017-17275 Do·c No. C06540384 bate: 05/07/2018

Journal on Migration and Human Security

• TPS beneficiaries from these nations have an estimated 273,000 US citizen children (born in the United States).

• Ten percentofEl Salvadoran, nine percent of the Haitian, and six percent of the Honduran TPS beneficiaries are married to a legal resident.

. . More than one-half of El Salvadoran and Honduran, and 16 percent of the Haitian TPS beneficiaries have resided in the United. States for 20 years or more.

• The six US states with the. largest TPS populations from these countrie.s ·are California (55,000), Texas (45,000), Florida (45,000), New York .. (26,000), Virginia (24,000), and Maryland (23,000)'.

• Eighty-seven percent ofthe TPS population from these countries speaks ·at least some English, and slightly over one-half spea~ English well, very well, or only English.

About 27,000, or 11 percent, ofthose in the labor fore~ are self-employed, having created jobs for themselves and likely for others as well.

TPS status ·should be extended until beneficiaries can safely. return home and can successfully reintegrate into their home communities. Most longterm TPS recipients should be afforded a path to lawful permanent resident (LPR) status and ultimately to US citizenship. ·

Introduction This· article provides social and demographic information on Temporary Protected Status (TPS) beneficiaries from the three countries with the largest numbers ofTPS recipientsEl Salvador, Honduras, and Haiti.

Under the law, the Secretary of the Department of Homeland Security (DHS) "may· designate" a foreign state. or part of a foreign state for TPS upon a finding that: ·

• "there is an ongoing armed conflict within the state and due to such conflict," the return of its nationals ''would pose a serious threat to their personal s.afe~y'';

• "there has been an earthquake, flood, drought, epidemic, or other environmental disaster ·in the state," the state is "unable, temporarily, to handle adequately the return" of its nationals, and the state has "officially" requested TPS; or ·

• "there exist extraordinary and temporary conditions" in the state that prevent its nationals from safely returning, unless allowing them to stay would be "contrary to the national. interest."1

To be eligible for TPS, nationals of designated states must:.( 1) satisfY continuous presence (from the date of designation or re-designation) and continuous residence requirements;

2 Immigration and Nati(mality Act (INA)§ 244 (b)( I).

578

).



A Statistical and Demographic Profile of US .TPS Populations

(2) register for TPS during a set period; (3) pay a fee; and (4) meet other requirements.3

At least 60 days before the end of a TPS designation, extension or re-designation period, the DHS Secretary is required to "determine" whether the-conditions that gave rise to the designation "continue to be met."4 If so, he or she can either extend the designation period, allowing existing TPS beneficiaries to re-register, or can redesignate the nation for TPS, which extends TPS eligibility to members .of the designated nation who arrived after the original designation date.s If the DHS Secretary dec'ides that the state "~o longer meets the conditions for designation," he or she is required to terminate the designation through a notice in the Federal Register. The termination is effective no "earlier than 60 days after notice is published or, if later, the expiration of the most recent previous .extension.'""

Table A in the appendix provides basic information about cutoff dates for continuous residence and estimated numbers ofTPS recipients from each of the 13 TPS-designated countries. For El Salvador, Honduras, and Haiti, these dates are respectively February 13, 200 I, _December 30, 1998, and January 12, 20 II. 7

·

As the Trump administration considers whether to terminate TPS for El Salvador, Honduras, and Haiti, this paper answers two important questions: (I) from a demographic perspective, who are TPS beneficiaries and how are they faring in the United States; and (2)what would be the major negative consequences, for· the United States and for TPS recipients, if the program were discontinued. for these ·three nations? This paper recognizes- although does notdescribe at length- the inability ofTPS recipients from the three nations to reintegrate safely and productively in their home communities, and.the way·expatriate communities benefit their home states.8

The paper focuses on TPS ·beneficiaries from. El Salvador, Honduras, and Haiti because they account for more than 90 percent ofall TPS beneficiaries, DHS will dec'ide whether to extend or terminate TPS to each of these nations over the next six months, and TPS populations from these nations are large enough to generate useful estimates (see Table A). Even thoughTPS recipients have a status similar to nonimmigrants (i.e., noncitizens admitted temporarily for specific reasons), they have usually been included in estimates of the undocumented, along with asylum seekers and certain other legally present noncitizens {Warren 2017, 502, note 11 ). The Center for Migration Studies (CMS) has continued

3 INJ\ § 244(c). Tlic J\cl allows a waiver for many grounds of inadmissibility. except for two or more crimes· of ··moral turpitude'' and most controlled substance and national security olfenscs. Likewise, TPS is not available to those who have persecuted others, or who have committed a felony or two or more misdemeanors. 4 INJ\ § 244(b)(J)(Al.

5 US Citizenship and Immigration Services (USCIS) (20 17) stipulates that a nation rna)' be designated liw TPS- or "i'PS may he extended or redesignated-'- "in certain· circumstances, where the country is undblc to handle the return of iL~ nationals adequately.'' · 6 INJ\ § 244(b)(3)(8). .

7 The Department of Homdand Security (DI·IS) must dctcrmine whether to extend or terminate TPS for these populations at least 60 days prior to these dates.

8 In a May 16, 20 171cttcr to DH$ Secretary John r. Kelly and Secretary of State Rex Tillcrson, Boston Mayor Marlin J. Walsh outlines the benefits of this program to sending and receiving communities. He argues that .. lailurc to extend TPS lor Haiti wo.uld have a negative impact on the US and Haitian ec.opomics, endangering lives, l\u1h':r destabilizing Haiti, and potentially separating families" (Walsh 2017). The letter highlights the Ctltllributiuns of Haitian TPS recipients to their US communities, including in ·'key industries such as health and elder care:'' (ibid.).

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Journal on Migration and Human Security·

to include them in its annual series of undocumented population estimates to maintain · consistency with other national population totals. The fact that they are included in. those estimates makes it possible to compile the information shown in this report.

The CMS estimates are based on detailed statistics on the foreign.born population collected in the Census Bureau's American Community Survey (ACS), as described in detail in Warren (20 14). A summary of the procedures used to derive estimates ofthe TPS population and the undocumented population is presented in the appendix.

Ev.en though the inf~rmation presented here essentially overlaps with the TPS population, the fit is not exact and CMS's estimates of El Salvadorans, Hondurans, and Haitians residing in the Un.ited S.tates by the TPS designation dates -or, in the case of Haiti, by the redesignation date- are slightly larger than the US Citizenship and Immigration Services (USCIS) and the Congressional Research Service (CRS) estimates ofTPS beneficiaries. In addition, data limitatiops include imperfect matches of the CMS data with TPS residency requirements,') as well as sampling and possible non-sampling errors, However, even with . these limitations~ the CMS estimates provide a weli-defined and useful profile of the TPS population. In fact, this is the only detailed infonnation available about this population.

Estimates of the TPS Population by Country Table l shows the CMS estimates of the popul.ation by period of arrival compared to the estimated number eligible for TPS i{l January 2017, as compiled by USCIS and reported by the CRS. As would be expected, the CMS totals are higher than the number of TPS beneficiaries shown in Table I. The CMS estimates include some migrants who did not register for TPS, and the CMS estimate for Haiti probably includes an unknown number who were approved for asylum but have not adjusted io ·lawful perm.anent resident (LPR) status. Despite the differences shown in Table I, the overlap between the CMS estimates

. and TPS beneficiaries is sufficient to produce a reliable statistical description of the TPS population from these three countries. ·

580

The estimates of the TPS population described below were derived by combining the detailed characteristics data from the CMS estimates (top panel, Table I) with the total estimated TPS beneficiaries (lower panel, Table I). We can illustrate the estimation of the TPS population using Honduras as an example. The CMS estimates for 20 l5 show that about 67,000 Hondurans entered the United States before 1999.10 That figure encompasses the estimated 57,000 TPS recipients from Honduras shown in Table I. First, we compiled CMS year-of-entry data (at the microdata level) for Honduras that overlaps with the period of eligibility for TPS. Then we controlled the detailed characteristics to the total number of TPS recipients from Honduras. The same procedure was used for each country.

9 For example. to be eligible for TPS from El Salvador, appli~ants had to have continuously resided in the United States since before February 13, 200!. The CMS estimates by year of e,ntry for El Salvador arc in whole years, so the CMS data shown in this·report is lbr ·'entered bclbre 2001." The CMS data lor Hondurils and Haiti were estimated as closely as possible LO the entry dates for eligibility lor those countries. I 0 This is the appropriate period or entry because Hondurans were eligible to apply fhrjTPS if they entered th~ United States before December 30, 1998. · · ·


I


)

A Statistical and Demographic Profile of US TPS Populations

·Table I. CMS Estimates ofthe Population in 2015 Compared to the Estimated Numi:Jer ofTPS Beneficiaries in January 2017 .

Source El Salvador Honduras Haiti

(I) (2) (3)

Entered Entered· Entered

CMS estimates (20 IS) before 2001 . before 1999 before 2011

242,900 '-

67,000. 93,500

Entered before Feb. Entered b~fore Dec. Entered before Jan. EStimated TPS beneficiaries 13, 200·1 30, 1998 12,2011 Jan. 2017 {see appendix) 195,000 . 57,000 50,000

Characteristics of the TPS Population Table 2 on thehext page shows demographic characteristics of the TP~ population. Caution should be exercised in interpreting the data beeause the numbers involved are small in some of the cells, and the estimates are subject to sampling and other possible errors. Except as noted other-Wise, the estimates described in this section are from Table 2.

Hous_eholds

The population from El Salvador, Honduras, and Haiti shown in Table 2 resided in 205,900 households. Median household income was $50,000 for Salvadorans, $40,000 for Hondurans, and $45,000 for Haitians. In 2015, US median household income was about $56,000 (Posey 2016).

More than three-quarters of the households with TPS recipients had incomes above the poverty level- El Salvador, 83 percent; Honduras, 76 percent; and Haiti, 81 per~nt. ·

. TPS beneficiaries from these three countries have a total of 273,200 US-born children, including I 92,700 from El Salvador, 53,500 from Honduras, and 27,000 from Haiti.

About 61, I 00 (30 percent) of the 205,900 households with TPS recipients have mortgages, including roughly one-third of the Salvadoran households, and nearly one-quarter of the Honduran and Haitian households.

Demographics

As is true with most refugee-like populations, a sizeable proportion of the TPS·population was age 15 or under when they arrived: El Salvador, 20 percent; Honduras, 23 percent; and Haiti, 30 percent. More than one-half of those from Ei Salvador and Honduras have resided in the United States for more than 20 years. About 16 percent of Haitians have lived. in the United States 20 years or more. ·

Nearly all of the TPS population from El Salvador and Honduras are age 25 or older (97 and 98 percent, respectively) compared to 87 percent for the total foreign-born population. About 78 percent of the Haitian TPS population are 25 years old and over. These differences are mostly due to differences in TPS eligibility dates.

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Journal on Mi~ation and Human Se~uri& · /

Table 2. Characteristics of the TPS Population from El . .

.Salvador, Honduras, and Haiti • The totals tor the three countries.shown here might not agree with totals shown else~here because of rounding.

' El Hon-' Population characteristics Saivador duras : Haiti

(I) (1) (3)

' Total population 195,000 57,000 50,000

Households

I. Number of households 135,400 43,400 27,100 !

Median household income $50,000 $40,000 $45,000(

Percent at or above the poverty level 83% 76% 81% \.

-Number of US-born children 192,700 53,500 27,000

Number of households with a mortgage . 45,500 9,500 6,200

Percent of households with a mortgage 34% . 22% 23o/o

Demographic information

Age 1 5 or under at arrival 39,300 13,400. ts;wo . Percent age 15 or under at arrival 20% 23% 30%

Percent in the US 20 years or more 51% 63% 16%

Percent who are age 25 and over 97% 98% 78%

Ability to speak English (age 5+)

Percent who speak at least a little English 85% 85% 96%

Percent who speak English well, very well, or only English 48% 44% . . 75%

. Education (age 18+)

Percent completed high school or more 37% 38% 71%

Percent with some college or a degree 1.3% 1.2% 37%

Labor force (age 16+)

Percent in the labor force 88% 85% 81% Percent unemployed 5% 4% 10% Percent of labor force self-employed 10% ; 17% 4%

Health insurance

Percent with health insurance 56% 40% 57% Source: Center for Migration Studies.

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A. Statistical and Demographic Profile of US TPS Populations

English language ability (ages five and over)

A high proportion of the TPS population speak at least a little English_: El Salvador, 85 percent; Honduras, 85 percent; and Haiti, 9~ percent. About 48 percent of Salvadorans· and 44 percent of Hondurans report speaking English well, very well, or only English. Three-quarters of Haitian TPS beneficiaries report speaking English well, very well, or only English. ·

Educational attainment (ages 18 and over} J

Less than 40 percent of the TPS population from El Salvador and Honduras has a high school education, well. below the average of 68 percent for the total foreign-born population. About 12 percent from those two countries attended college compared 46 pe~cent of .the total foreign-born population. However, the educational attainment of Haitians with TPS is comparable to the total foreign-born population. Seventy-one percent of Haitians with TPS completed high school, and 37 percent attended college. 11

Labor force (ages 16 and over)

The TPS population· from these three countries has high labor force participation rates, ranging from 88 percent for Salvadorans, to 81 percent for Haitians. By contrast, about 63 percent of the total US population was in the labor force in May 2017 (US Bureau of Labor Statistics 20 17). ·

The unemployment rate for Salvadorans and Hondurans is low- five and four perce~t, respe9tively, which is about the same rate as that of the total US population. The rate for Haitians is about I 0 percent. · ·

Health insurance .

More than one-half ofTPS beneficiaries from Er Salvador and Haiti have health insurance (56 and 57 percent, respectively). Only 49 percent of Hondurans with TPS have health ·insurance.

Industry

Table 3 shows the five leading industries for the TPS population from each of the three countries. For El Salvador, the leading industry is construction. More Haitians work in res~urants and other food services than in any other industry. For the three countries taken together, the five leading industries are: construction (51,700), restaurants and other food services (32,400), landscaping services (15,800), child day care services (10,000), and grocery stores (9,200).

I I Because these percentages arc so high relative to the figures lor Salvadlwans and H•mdurans shown· here, we compiled statistics for all Haitian noncitizens who entered the United Suites from 19!12 to 2010-without regard to legal status. The results arc consistent with, a~d support, the figures shown here: 6CJ percent graduated from high school, and 38 percent atlcndca college.

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58-t


Table 3. Estimated TPS Population in the Labor Force: Top Five Industries for Each of the Three Countries

El Salvador

In the labor force ( 1 6+) Construction

Restaurants and other food services

Landscaping services

Traveler accommodations

Grocery stores

All other industries

Honduras ·

In the labor force (16+)

Construction

Child day care services

. Landscaping services


Hospitals

All other industries

Haiti

In the labor force ( 16+)


Grocery stores

Elementary and secondary schools

Constructiqn

Hospitals

All other industries Source: Center tor Migration Studies.

Geographic Distribution Estimates by state and country of origin

\

'

171,100

. 36,900

22,400

11,700

7,900

6,100

86,100.

48,500

13,700

. 3,900

3,700

3,300

800

23,100

38,600

6,700

2,400

1 ,9.00

1,000

800

25,800

Table 4 shows estimates for the US states that have 5,000 or more TPS beneficiaries, by country of origin. For those from El Salvador, the largest numbers are in California · (49,100), the areas of Maryland and Virginia around Washington, DC (41,300), Texas (36,300), and New York ( 16,200). For Honduras, the largest numbers are in Texas (8,500), Florida (7,800), North Carolina (6,200), and California (5,900). Haitians are concentrated in Florida (32,500) and New York (5,200). ·


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A Statistical and Demographic Profile of US TPS Populations·

Table 4. Estimates of the TPS Population fromElSalvador, Honduras, and Haiti, for States That Had 5,000 or More TPS Beneficiaries

·US total

California Florida

G.eorgia Maryland Massachusetts Nevada

New Jersey New York

North Carolina Texas Virginia

Source: Center for Migration Studies. · ·

Estimates for cities and PUMAs11

El Saivador (1)

195,000

49,}00

/

5,700 19,800 5,000

5,700

6,800 16,200 5,900

36,300 21,500

/

Honduras (2)

57,000

5,900

7,800

. 6,200

8,500

Haiti (J)

50,000

32,500

. 5,200

The three largest numbers in Table 4 above are for Salvadorans in California ( 49, I 00) and Texas (36,300), and Haitians in Florida (32,500). Table 5 below shows estimates and selected characteristics of the population in four cities within those states, that have the largest TPS population~. Haitians in the Miami area have relatively fewer US-born children than those from El Salvador, most likely because the Hai.tians arrived more recentlyY Just over half of the TPS ~ecipients in each city are male. Between 80 and 90 percent of the TPS population in these four cities are in the labor force .

. 12 fltJMAs arc a specialized geography created by the US Census Bureau in pannership with states, so that microdata samples can be used to create user-defined data scls. PUM/\s have 100,000 or more total population.

13 Salvadorans with TPS entered be lore February 13, 200 I, and Haitians with TPS entered heli1rc January 12, 20 II (sec Table A).

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Table 5. Estimated Characteristics oftbe TPS Population, by Country of Origin and City of Residence

Percent Percent Percent Estimated US-born Percent in labor above with

Country of origini TPS pop. children . male force poverty health City of residence (16+) ·level insurance

(I) "· (2) (3)' (4) (5) (6)

Haiti/Miami metro area 24,000 10,600 52% 80% 76% 47%

El Salvador/Los Angeles 29,400 26,500 55% 86% 78% 52%

El Salvador/Houston /. 19,000 20,300 51% 84% 74% 47%

El Salvador!Oallas 54% 90% 83% 57% Source: Center for Migration Studies .

. Table 6 shows the estimated T~S population, by PUMA, tor Haitians in the Miami area. Estimates are shown for PUMAs that have I ,000 or more estimated TPS population. Honduran TPS beneficiaries cannot be found in large numbers -as many as I ,000 14

- in · · any PUMA. The estimates shown in Tables 6 and 7 (below) shoul<;f be used with cauti_on

because the relatively small numbers are subject to sampling variability and other possible errors.

Table 6. Estimated Haitian TPS Population In Miami Me~ro Area, for PUMAs with 1,000 or More

Area.of residence

Total, Miami metro area

Total Miami-Dade

Miami-Dade County North Miami City (Southwest) & Go'lden Glades (West)

Miami-Dade ·county (Northeast)--Dreater North Miami Beach City (West)

Miami-Dade County (North Central)-Miami Gardens City (North & West)

Total Broward County/Ft. Lauderdale

Broward County (Centrai)-Lauderhill &Lauderdale Lakes Cities

Broward County (Central)-Tamarac, Oakland Park & North Lauderdale Cities

Broward County (Centrai)-Piantation & Sunrise Cities

. Broward County (East Centrai)-Fort Lauderdale City (Central)

Total Palm Beada

Palm Beach County (East Centrai}--Lake Worth City, Lantana Town & Atlantis City

Palm Beach County (East)-West P!llm Beach City (Southeast) & Palm Beach Town

Palm Beach County (Northeast)-Palm Beach Gardens & Riviera Beach Cities

Palm Beach County (East Central }--:Greater Boynton Beach City (North) Source. Center for Migration Studies.

TPS pop.

24,000.

7,900 .

2,800

1,400

I, 100

9,100 2,200

1,900

1,100

1 ,I 00

7~000 .J,400

1,300

1,300

1,200

1.4 The PUMA with the largest number of' TPS beneficiaries lrum Honduras is Jefferson Parish .in New

586 Orleans with 700. ·

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A St~tistical and Demographic Profile of US TPS Populations .

Table 7 shows the estimated TPS population, by PUMA, for Salvadorans in Los Angeles. County and Houston. Estimates are shown for PUMAs that have 1,000 or more TPS beneficiaries. These two cities have the largest concentrations of Salvadoran TPS recipients in the country. An interesting feature of Table 7 is that so few PUMAs have 2,000 or more

· TPS recipients. The two cities shown in Table 7 have almost 50,000 residents with TPS, but there are only three PUMAs that have 2,000 or. more with TPS, which indicates that the TPS population is widely dispersed within the two cities.

Table 7. Estimated Salvadoran TPS PopulatiQn in Los Angeles and Hous~on, for PUMAs with 1,000 or More

Area of residence

Total Los Angeles County

Los Angeles County (Centrai)-LA City (Central/Koreatown) ·

Los Angeles County (North)-LA Chy (North Central/Mission Hills & Panorama Cityf

Los Angeles County (South Centrai)-LA City (South Central/Watts)

Los Angeles County (Centrai)-:-LA City (Southeast/East Vernon) ·

Los Angeles County (Northwest)-LA City (N. CentraiNan Nuys & Nor1h Sherman Oaks)

Los Angeles County-LA City (East Central/Silver Lake, Echo Park & Westlake)

Los Angeles County (South Centrai)-LACity (South Central/Westmont)

Los Angeles County (Central)-Huntington Park Cit)', Florence-Graham & Walnut . Park ·

Los Angeles County LA (North Central/Arleta & Pacoima) & San Fernando Cities

Los Angeles County (Centrai)-LA City (East Central/Hollywood)

Total Houston

Houston City (Southwest)-Between Loop 1-610 & Beltway TX-8

Houston City (West)-Westpark Tollway, BetWeen Loop 1-610 & Beltway TX-8

Harris County (East)-Deer Park, La Porte (North) Cities & Channelview

Houston (Southwest) & Bellaire (SE) Cities-Between Loop ·1-61 0 & Beltway TX-8

Houston City (North)-West of Aldine & Inside Beltway TX-8 .

Houston City (Northwest)-Between Loop J-6 10 & Beltway TX-8

Houston City (North)-South of Aldine & Inside Beltway TX-8

Harris County (Nor1h)-Houston City (North)-1-45, Between Beltway TX-8 & FM-1960 .

· Source: Center tor Migration Studies~

Discussion

TP.S pop.

29,400

2,100

2,100

2,000

1,900

1,800

1,800

1,700

1,300

1,300 ..

1,000

19,000

1,600

1,600

1,400

1,400

1,100

1,100

1,100

1,000

This statistical portrait reveals a hard-working populatio~ with strong ties to the United States. In addition, high percentages have lived in the United States tor 20 years or more; arrived as children, and have US citizen children. Among other findings:

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• The labor force participation rate of the TPS population from all three countries (8J to 88 percent) is well above the rate for the total US population (63 percent).

• About 273,200 of their children are US citizens (born in the United States), and about 67,800, or 22 percent of the total, arriv~d as children under age 16.

High percentages- particularly of El Salvadorans and Hondurans- have lived in the United States for 20 years or more.

Eighty-seven percent speak at least some English, and slightly over one-half speak English well, very.well, or only English.

About 27,100, or II percent, of those in the labor force are self-employed, having created jobs for themselves and likely for others as well.

• Of the 205,900 households from these three co~;~ntries, 61,100 have mortgages.

Two aspects of the population from Haiti are especially noteworthy: (I) nearly all of them speak at least some English, and three-quarters report speaking English well, very well, or only English; and (2) they are relatively well-educated- 71 percent are high school graduates and 37 percent have attended at least Some college. ·

Recommendations For 27 years, the TPS program has successfully pr-otected persons who would have suffered substantial hardship and faced great risk in their home countries, and whose nations could not safely and productively accommodate their re~. TPS has -been cr,iticized as a program that traps. its (often long-terni) beneficiaries in a legal limbo, denies them most federal public benefits, and prevents them from adjusting to LPR status (Bergeron 2014, 29-31 ), In addition, it denies coverage to imperiled persons from designated nations that arrive after the date of designation and those from undesignated states or sub-state groups, does not allow beneficiaries to petition for the admission of close family members, requires re-registration (leading to attrition) following an extension or redesignation, and does not offer durable solutions following termination or withdrawal ofTPS status (K.erwin 2014, 50-51).

These issues have all come to a head as the Trump administration weighs whether to terminate designations for several nati"onal groups. To assess the consequences of this decision, this paper has focused on two questions. First, from a demographic perspective, who are TPS beneficiaries' and how are they faring in the United States? The analysis found that about 30 percent of TPS beneficiaries from the three nations are homeowners and they are the parents of 273,200 US-born children. About 68,000, or almost one-quarter, were childhood arrivals. A very high percentage is in the labor force, and they have low unemployment rates. Relatively few live in poverty. About 2?,000 are self-employed·job creators. A high percentage speaks English, and 16 percent have attended college. Many have lived in the United States for 20 years or more.

588

Second, what would be the major negative consequences if the program were discontinued for these three groups? The paper reports that the United States would lose hundreds of . .

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A Statistical and Demographic Profile of US TPS Populations

thousands of migrants who have been productive, tax-paying, law-abiding residents for many years. About 61,000 mortgages would suddenly be in jeopardy. Ending the TPS program could· also force hundreds of thousands of long-term US residents, including 273,200 US-born children and 67,800 who were brought here as children, to move to a

.. country that cannot safely and_ successfully reintegrate them.

Commentators have recognized that the "extraordinary" conditions that give rise to a TPS designation often persist well beyond an initial TPS designation period. This analysis illustrates tri:at long-term TPS beneficiaries have settled into productive lives iit the United . States. ·

The United States has several options for addressing their situat_ion. Given the extensive ties and contributions ofTPS recipients to the Unit~d States and the violence and poverty in their home states, the worst solution would be to terminate TPS status, without a plan for current beneficiaries other than stripping them of legal status and exposing them to possible deportation. This option would only add to the large undocumented population, the great majority of whom -as the authors and many others have argued- should be legalized (Warren and Kerwin 2015, 98-99; Kerwin and Warren 2017, 320-23).

Among other, more productive options, the DHS Secretary could extend TPS for as long as adverse conditions persist in these countries. Congress could also pass a law that allowed TPS program beneficiaries to apply for LPR status after one extension of status or after a set term of years (Zavodny and Orren ius 20 17, 1.90; Bergeron 2014, 39). It could also permit TPS recipients,. who are eligible for a family-based visa or some other immigration benefit under current law, to adjust to LPR_status in the United States (Bergeron 2014, 35-3 7). 15 Congress could also pass a legalization bill that covers TPS bene~ciaries, advances the qualifying date for "registry" (an existing program to legalize long-term residents), or amends the criteria for "cancellation of removal" to allow TPS recipients to apply affirmatively (rather than in removal proceedings) for this status (Kerwin 2014, 65-66). Finally, it could combine these measures, with substantial investments in the development ofTPS-designated states so that program beneficiaries could be safely repatriated (Bergeron 20 14, 39-40; Kerwin 20 14, 63-64}. ·

Each of these responses would recognize the strong ties ofTPS beneficiaries to the United States, facilitate their continued contributions to US communities, preserve their US families, and benefit their countries of origin.

Appendix CMS Estimate~ of the TPS Population

Overall approach

As noted above, TPS beneficiaries have been included as undocumented residents-:- even though their status is more comparable to nonimmigrants ·.:_ in CMS' annual series of estimates. This is partly to maintain consistency with other national population totals, but also because sufficiently detailed adm-inistrative data have not available for the TPS

IS This wouid require that a grant ofTPS be treated an ''admission'' to the United States.

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population. Because TPS beneficiaries are included in the CMS estimates of undocumented residents, we were able to estimate the TPS population for this report by (I) compiling

· CMS 's estimates of the undocumented population by country of birth and year of entry, (2) tabulating detailed year-of-entry data that overlaps as closely as possible with the

· ·period of eligibility for TPS for each countrY (see Table A below), and (3) controlling the · characteristics from the CMS estimates to the USCIS totals shown in Table I.

CMS estimates of undocumented residents

CMS used the procedures below (Steps 1 to 5) to derive estimates of the undocumented resident population in 2010. The same steps 16 were followed to derive estimates for 2015 . .The classification of noncitizens as undocumented residents was done at the microdata level. The CMS estimates shown here were compiled by country of origin and single year of entry from those data sets. Warren (20 14) provides a detailed description of the methodology .and compares the CMS estimates based on this methodology to estimates derived using the residual method.

Step I. The first step in the estimation procedure was to compile data from the 2010 ACS for all noncitizens who entered the United States from 1982 to 2010. lt was assumed that nearly all undocumented residents are in the category "noncitizens who entered the U.S. after 1 981." Very few who entered before 1982 would still be residing here as undocumented residents in 20 I 0 because: (I) a large percentage of those who entered before 1982 obtained legal status under the Immigration Reform and Control Act of 1986 (I RCA); 17 and (2) those who entered before 1982 and did not apply for legalization have had more than 25 years in which to leave the undocumented resident population -that is, to secure legal status, be removed, feave voluntarily, or die.

Step 2. A series of edits,· referred to as "logical edits,''18 were used to identify and remove as many legal residents as :possible based on responses in the survey.

Step 3. Separate population controls were estimated for 145 countries or areas for · undocumented residents counted in the 20 I 0 ACS. For each country or area, the ratio of the population control to the logically edited population (from Step 2) was computed. Step 4. The country-by-country ratios derived in Step 3" were used to make final selections of individual respondents in the ACS to be classified as undocumented residents.

Step 5. The estimates of those counted in the ACS (from Step 4) were adjusted for undercount.

16 Actually, the country-by-country selection ratios for 20 I 0, computed in Step J, were used in Step 4- for. every year: independent pllpulation controls were computed only for 2010. 17 The Immigration Rcliu·m and Control Act of 1':186 (!RCA) went into effect in 1':187. Two main gmups were eligible lhr lcgali%atinn, each with their own residency requirements: (I) legalization applicanLs who conti11uously resided in ll1e United States since before January I, 1':182; and (2) Spcciid Agricultural Workers (SAWs) who had 90 days of seasonal agricultural work experience in qualifying crops from May 1985 to May 191!1'i, About 1.6 million legalization applicants and 1.1 million SAW applicants were approved. Ill Th~.: term '"logical edit" refers ·to lhe process or determining probablt: legal status by examining survey data. For example, respondents were assigned to th~ legal category if they worked in occ-upations that generally require legal status, had the characteristics of legal temporary migrants, were immediate relatives of US Citizc:ns, received public benefitS restricted to legal residentS, were ii·om Countries where mt!Sl arrivals would be refuoccs, or were a11.e 60 or older :it entry. 590 ~ ~

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UNCLASSIFIED U.S. Department of State Case No. F ... 2017-17275 Doc No. C06540384 Date: 05/07/2018

. A Statistical and Demographic Profile of US TPS Populations

Current TPS Countries (January 1017)

Table A. Countries Whose Nationals in the United States ·Currently Benefit from Temporary Protected Status ·

Country Must have arrived before· Current expiration

Estimated number date

All 13 countries 325.500

El Salvador February 13,2001 March 9, 2018 195,000

Guinea November 20, 20 14 May 21,2017 · ... 930

Haiti January 12, 20 II [January 22, 20 18J18 50,000

Honduras· December 30, 1998 January 5, 2018 57,000 \

Liberia November 20, 2014 May 21,2017 · 2,160

Nepal June 24,2015 June 24, 2018 8,950

Nicaragua December 30; 1998 January 5, 2018. 2,550

Sierra Leone November 20, 2014 May21, 2017 . 1,180

Somalia May I, 2012 March 17,2017 270

South Sudan January 25, 2016 November 2, 2017 200

Sud~n January 9. 2013 November 2, 2017 450

Syria August l, 2016 March 31,2018 5,800

Yemen January 4, 2017 September 3, 2018 1,000 Source: Argueta (20 17, Table I). CRS compilation ofUSCIS data.

REFERENCES

Argueta, Carla N. 2017. "Protected Status:. Current Immigration Policy and Issues." Washington, DC:. Congressional Research Service. https://fas.org/sgp/crs/ homesec/RS20844.pdf.

Bergeron, Claire. 2014. "Temporary Protected Status after 25 Years: Addressing the Challenge of Long· Term '-Temporary' Residents and Strengthening a Centerpiece

. of US Humanitarian Protection." Journal on Migration and Human Security 2(1): 22-43. https://doi.org/1 0.14240/jmhs.v2i 1.23. ·

DHS (US Department of Homeland Security). 2017. "Secretary Kelly's Statement on . the Limited Extension of Haiti's Designation for Temporary Protected Status." Washington, DC: DHS~ https://www.dhs.gov/news/20 17/05/22/secretary-kellysstatement-limited·extension-haitis-designation-temporary~protected.

19 The Congressional Research Ss:r'Vice chart listed July 22, 2017 as the TPS expiration date lor Haitians. On May 22, 2017, DI-IS Secretary John F. Kelly cxtcndcd~TPS for Haitians until January 22, 2018 {DHS 20 17).

591


UNCLASSIFIED U.S. Department of State Case No.F-2017-17275 Doc No. C06540384 Date: 05/07/2018


Kerwin, Donald. 20 14. "Creating a More Responsive and Seamless Refugee. Protection System: The Scope, Promise and Limitations of US Temporary Protection Programs." Journal on Migration and Human Security 2(1): 44-72. https://doi. org/1 0. !4240/jmhs.v2i 1.24.

Kerwin, Donald, and Robert Warren. 2017."Nationallnterests and Cominon.Ground in · the US Immigration Debate: How to Legalize the US Immigration System and ·

Permanently Reduce lts Undocumented Population.'' Journal on Migration and HumanSecurity 5(2): 297-330. https:/ldoi.org/1 0.14240/jinhs.v5i2.86.

Orreniu~, Pia, and Madeline Zavodny. 2017. "Creating Cohesive, Coherent Immigration Policy." Journal on. Migration and Human Security 5(1): 180-93. https:l/doi. org/1 0.14240/jmhs.v5i 1.79.

592

Posey, Kirby G. 2016. "Household Income: 20 15." Washington, DC: US Census Bureau. https://www.census.gov/content/dam/Census/library/publications/20 16/demo/ acsbrl5-02.pdt:

US Bureau of Labor Statistics. 2017. "Labor Force Statistics from the Current Population Survey." Washington, DC: US Bureau of Labor Statistics. https://data.bls.gov/ timeseries/LNS 11300000. ·

USCIS (US Citizenship and Immigration Services). 2017. "Temporary Protected Status.'~ Washington, DC: USCIS. https:/lwww.uscis.gov/humanitarian/temporaryprotected-status.

Walsh, Martin J. 2017. "Mayor Walsh's Letter Requesting to Extend Temporary Protected Status for Haiti." Boston: Boston city government. https://www.boston.gov/news/ mayor-walshs-letter-requesting-extend-temporary-protected-status-haiti.

Warren, Robert.,2014. "Democratizing ·oata about Unauthorized Residents in the United States: Estimates and Public-Use Data, 20 I 0 to ·20 13.'' Journal on Migration and Human Security 2(4): 305.:28. http://dx.doi.org~l 0. I 4240/jmhs.v2i4.38.

___ . 2017. "Zero Undocumented Population Growth Is Here to Stay and Immigration Reform Would Preserve and Extend These Gains.'' Journal on Migration and Human Security 5(2): 491-508. https://doi .org/1 0. I 4240/jmhs. v5 ii. 95.

Warren, Robert, and Donald Kerwin. 2015. "Beyond DACA and DAPA: Revisiting Legislative Reform in Ligh~.of Long-Term Trends in Unauthorized Immigration to ~e United States." Journal on Migration and Human Security 3(1): 80-108. https://doi.org/1 0.14240/jmhs.v3i 1.45.

UNCLASSIFI~D U.S. Department of. State Case No. F-2017-17275 Doc No. C06540384 Date: 05/07/2018

! '. '

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc ~o. C06540046 Date: 05/07/2018

·Hartmann, Lorraine (Lori)

From: Sent:· To: : Subject: Attachments:

Importance:

I.

Frideres, Taryn F Wednesday, October 25, 2017 6:55 PM Neidhart de Ortiz, Jenifer l FW: Updl,atAcut.e.o;.J.ons~.the,. r .

· Tab XX- Correspondence to DHS Acting Secretary· Duke 10-23-2017.docx; AM to S- TPS 10-23-2017 I ~OCX t__ _______ ,___j

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RELEASE IN PART 85 \

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REVIEW AUTHORITY: Barbara Nielsen, Senior Reviewer

From: Frideres, Taryn F Sent: Wednesday, October 25,2017 4:23PM To: Ashe, Christopher C <[email protected]>; Melamud, Anna <[email protected]>; Henshaw, Simon <HenshawS@state .gov> Cc: PRM-Staff Assistant <[email protected]>; Hefright, Brook E <[email protected]>;.,Pollack, Margaret J

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<[email protected]>; Hooke, Kathleen H <[email protected]> Subject: RE: Updated Versions of the TPS Package Importance: High

Updated documents attached.

Thanks!

Taryn

Official· SBU UNCLASSIFIED

From: Ashe, Christopher C Sent: Wednesday, October 25, 2017 10:26 AM . To: Frideres, Taryn F <FrideresT'[email protected]>; Melamud, Anna.<[email protected]>; Henshaw, Simon <[email protected]> •

Cc: PRM"Staff Assistant <[email protected]>; Hefright, BrookE <HefrightBE@si:ate.gov>; Pollack, Margaret J <[email protected]>; Hooke, Kathleen H <[email protected]> Subject: RE: Updated Ve.rsions of the TPS Package

' . Taryn •..

UNCLASSIFIED U.S. Department of State Case No. F-2017·17275 Doc No. C06540046 Date: 05/07/2018

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Thanks,

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· Christopher C. Ashe Director (Acting)- Office of International Migration Bureau of Population, Migration, and Refugees United States Department of State

. Official - SBU UNCLASSIFIED

From: Frideres, Taryn F · Sent: Wednesday, October 25, 2017 10:25 AM To: Melamud, Anna; Henshaw, Simon; Ashe, Christopher c . Cc: PRM·Staff Assistant; Hefright, BrookE; Pollac~, Margare~ J; Hooke; Kathleen H Subject: RE: Updated Versions of the TPS Package

Thanks, Anna. This is very helpfuL

Taryn

Official • SBU UNCLASSIFIED I

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. UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540046 Date: 05/07/2018 .·

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From: Henshaw, Simon Sent: Wednesday, October 25, 2017 8:24 AM To: Ashe, Christopher C; Frideres, Taryn F · Cc: PRM-Staff Assistant; Hefright, BrookE; Pollack, Margaret J; Melamud, Anna Subject: RE: ·Updated Versions of the TPS Package

Chris: Can you send me the entire package please.

Simon Henshaw Acting Assistant Secretary Bureau of Population, Refugees, and Migration Department of State 202 647 5982

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Morning Taryn,

Thanks for the info below and proposed approach.

Thanks Tarynl

Chris

Christopher C. Ashe Director (Acting) - Office of International Migration Bureau of Population, Migration, and Refugees United States Department of State


From: Frideres, Taryn F

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Sent: Tuesday, October 24, 2017 8:51 PM To: Ashe, Christopher C; PRM-Staff Assistant Cc: Hefright, Brook E; Pollack, Margaret J Subject: RE: Updated Versions of the TPS Package Importance: High ·

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From: Ashe, Christopher C Sent: Monday, October 23; 2017 3:30 PM

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Hello PRM Staffers,

Thanks,

Chris

Christopher C. Ashe Director (Acting} -Office of International Migration

: · Bureau of Population, Refugees, and Migration U.S. Department of State Telepl'ione: (202) 453-9212 .

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Washington, D.C 10510

October XX, 2017

SUBJECT: (SBU) Recommenda.tion Regarding Temporary Protecied Status (TPS) for Honduras. Nicaragua, Haiti, and El Salvador.


!RELEASE IN PART85,86)

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Background {SBU) TPS for Nicaragua and Honduras will expire January 5, 2018; for Haiti January 22, 2018; and for El Salvador March 9, 2018. The DHS Secretary must review and decide whether to extend or terminate TPS designations no later than 60 days before expiration, and intends to make a decision on El Salvador, Honduras, and Nicaragua by November 3, and on Haiti by November 22. DHS requested that the Department provi~e a report and recommendation on whether the conditions for each country's TPS designation continue to be met and whether .further extension, potential re-designation, or termination is warranted.

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Tab I ~ !outgoing Correspondence to Acting DHS Secretary Duke Tab 2-{ Outgoing Correspondence to Acting DHS Secretary Duke Tab 3- PRM and WHA Assessment of the Foreign Policy Implications of DHS .

· Termination ofTPS. . Tab 4- Department of State's Country Conditions Report for El Salvador Tab 5 -Department of State's Country Conditions Report for Haiti


UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540055 Date: 05/07/2018 .

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Tab 6- Department of State's Country Conditions Report for Honduras Tab 7 ~Department of State's Country Conditions Report for Nicaragua Tab 8 -.Overview of Temporary Protected Status



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Approved: PRM- Simon Henshaw, Actin"g (SH]· WHA- Francisco L._ Palmieri, Acting [FLP]

Drafted: PRM/PIM- Brook Hefright, ~t. 7-39209 and home/cefi:L ____ _

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PRM/FO- Margaret Pollack WHA/FO- Kenneth Merten; Acting WHA/FO- )ohn Creamer PRM/PIM...: Christopher Ashe D- Jamie Shuftlebarger J - Richmond Blake P - Luis Mendez SIP- Taryn Frideres L/HRR- Anna Melamud LIF<?- Kathleen Hook WHA/CEN- Eric Sigmon WHA/HSC- Allyson Bowers


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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C0654005.5 Date: 05/07/2018

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UNCLASSIFIED U.S. Departme·nt of State Case No. F-2017-17275 Doc No. C06540060 Date: 05/07/2018


SENSITIVE BUT UNCLASSIFIED.

ACTION MEMO FOR THE SECRETARY·


WliShington, D.C. 10510

October XX, 2017

SUBJECT: (SBU) Recommendation Regarding Temporary Protected Status (TPS) for Honduras, Nicaragua, Haiti, and El Salvador.


!RELEASE IN PART 85,86j

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UNCLASSIFIED U.S: Department of State Case No. F-2017-17275 Doc No. C06540060 Date: 05/07/2018 ·



Background (SBU) TPS for Nicaragua and Honduras will expire January 5, 2018; for Haiti January22, 2018; and for El Salvador March 9, 2018. The DHS Secretary must review and decide whether to extend or terminate TPS designations no later than 60 days b~fore expiration, and intends to make a decision on El Salvador, Honduras, and Nicaragua by November], and on Haiti by November 22: DHS requested.that the Department provide a report and recommendation on whether the conditions for each country's TPS designation continue to be met and whether further extension. potential re-designation, or termination is warranted.


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· Attachment(s): . .--___ _ Tab I ~ butgoing Correspondence to Acting DHS Secretary Duke Tab 2 -1 !Outgoing Correspondence to Acting DHS Secretary Duke Tab 3- PRM and WHA Assessment of the Foreign Policy Implications ofDHS

Termination ofTPS Tab 4- Department of State's Country Conditions Report for El Salvador Tab 5- Department of State's Country Conditions Report for Haiti

. Tab 6- Department of State's Country Conditions Report for Honduras ·Tab 7- Department of State's Country Conditions Report for NicaraguaTab 8- Over-View of Temporary Protected s·tatus ·

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Drafted: PRM/PIM- Brook Hefright, ext. 7-39209 and home/cell:L/ '----------....J' Cleared: PRM/FO- Margaret Pollack

WHA/FO- Kenneth Merten, Acting WHA/FO- John Creamer PRM/PIM- Christopher Ashe D- Jamie Shufflebarger J- Richmond Blake P :._ Luis Mendez S/P - niryn Frideres LIHRR- Anna Melamud LIFO- Kathleen Hook WHA/CEN- Eric Sigmon WHA/HSC...:. A llyson Bowers·

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( U) P.RM and WHA Assessment of the Foreign Policy Implications of DHS Termination of Temporary Protected Status for El Salvador, Haiti, Honduras, Nicaragua

!RELEASE IN PART B5l

·----------------------------------·----------------------------


UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C065400S5 Date: 05/07/2018

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17-275 Doc No:C06540072 Date: 05/07/2018.



Thanks!


From: Weise, ·Adam J

Frideres. Taryn F Wednesday, October 25, 2017 6:40 PM Weise, Adam j . RE: WHA Clearance: Final TPS Package (EI Salvador, Haiti, Honduras, NiCaragua)

RELEASE IN PART 85

Sent: Wednesday, October 25,2017 6:38PM To: Frideres, Taryn F <[email protected]> Subject: FW: WHA Clearance: Final TPS Package (EI Salvador, Haiti, Honduras, Nicaragua)

/

' \ Official - SBU UNCLASSIFIED 1

---~------:J REVIEW AUTHORITY: Barbara . Nielsen, S~nio_r Reviewer

From: WHAStaffers sent: Wednesday, October ~5, 2017 6:28PM To: PRM-Staff Assistant Cc: Ashe, Christopher C; Hefright, Brook E; WHAStaffers .. Subject: WHA Clearance: Final TPS Package (EI salvador, Haiti, Honduras, Ni~r'agua)

PRM Colleagues,

Thanks, WHA Staffers :

Official- SBU ·.·UNCLASSIFIED

From: Weise, Adam J sen~: Wednesday, October 25, 2017 5:10PM To: WHAStaffers . . Cc: PRM-Staff Assistant; Ashe, Christopher C; Hefright, Brook E

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Subject: For WHA Clearance- URGENT- Final TPS Package (EI Salvador, Haiti, Honduras, Nicaragua) lmportance: High

WHA Staffers,

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\ Chris

Christopher C. Ashe Director (Acting)- Office of International Migration .Bureau of Population, Refugees; and Migration U.S. Department ot" State

· Telephone: (202) 453-9212


Official.- SBU UNCLASSiFIED

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 .Doc. No. C06540075 Date: 05/07/2018



Ghashghai, Khashayar M Wednesday, October 25, 2017 5:31PM CT _StaffAssistants ' Boyd, Ian H

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Termination Foreign Policy Implications 10-23-2017 _SP.DOCX; Tab 4 - El Salvador- TPS Country Conditions Report 10-23-20 .. _.docx; Tab 5- Haiti TPS Country Conditions Report 10-23-2017.docx; Tab 6 ~Honduras TPS Country Conditions Report 10-23-201Tdocx; Tab 7- Nicaragua TPS Country Conditions Report 10-23-201J.docx; 2017 _10_26 Biweekly Sales TP Buckslip.docx

85

EVIEW AUTHORITY: Barbara Nielsen, Senior Good Evening!

Please find attached a Buck Slip for Coordinator Sales. . . .

Best.

· Kash

Khilshayar Ghashghai Special Assistant

eviewer ---·--------·--

Office of the Undersecretary for Civilian SecuriJ, Democracy, arid Human Rights Office + 1.202.647.87031 Mobile! I Fax + 1.202.647.0753 [email protected]~ J [email protected]. · .

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. Official • SBU . UNCLASSIFIED

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SENSITIVE BUT UNCLASSIFIED IRELEASE·IN PART 851

DEPARTMENT OF STATE RECOMMENDATION REGARDING TEMPORARY PROTECTED STATUS (TPS)

·FOR HAITI- 2017

I. Statutory Basis for Designation

Have the conditions under which the foreign state was designated for temporary p~otected / status ceased to exist? ·



85

UNCLASSIFI.ED U.S. Department of State Case No. F-2017-17275 Doc No_. C06540094 Date: 05/07/2018

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. UNCLASSIFIED U.S. Department of State C:ase No. F-2017-17275 Doc No. C06540094 Date: 05/07/2018

UNCLASSIFIED U:S. Department of State Case No. F-2017-17275 Doc No. C06540127 Date: 05/07/2018

Hartmann. Lorraine (Lori)

From: Sent:

. To: Cc:

Blake, Richmond P Wednesday, October 25, 2017 4:33 PM Ghashghai, Khashayar M Boyd,.Jan H

RELEASE IN PART 85

Subject: Attachments:

TPS Piece. AM to S - TPSl 10~23-2017 j ~ocx; Tab 1 -0 85

r=-'>!...."'---'--'-='-'t-:C::-o-rr-es_p_o_n-.,.de_n_c_e-to-=DH,....,S::::--:-A-:ct.,...in_g-JSecretary Duke lO .... docx; Tab 2 n 85 Correspondence to DHS Acting Secretary Du~e 10-2 .... docx; Tab 3- TPS

'---..,..-----,----' Termination Foreign Pqlicy Implications 10-23-2017 _SP.DOCX; Tab 4 - El Salvador- TPS Country Condition~ Report 10-23-20 .. _.docx; Tab 5- Haiti TPS Country Conditions=:----:=----Report 10-23-2017.docx; Tab 6- Honduras TPS Country Conditions Report REVIEW 10-23-2017.docx; Tab 7- Nicaragua TPS Country Conditions Report 10-.23-2017.d UTHORITY:

. · . Barbara . · Nielsen,

. · · . . · · · . . ·. ·Senior

' Gents- TPS summary below. Let me know if you have questions. I think you can just add the current draft AM, b Reviewer including the tabs if he .wants more detail. ' '

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Temporary Protected Status Review for Nicaragua, El Salvador, Haiti, and Honduras


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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540267 Date: 05/07i2018

'Hartmann, Lorraine (Lori)

From: Sent: /

To: Cc: Subject: Attachments:

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Hi Richmond,

rsation,

Weise, Adam J Wednesday, October 25. 2017 3:22 PM Blake, Richmond P PRM-Staff Assistant

RELEASE IN PART 85

Not the Final Version~ FW: Updated Versions ·of the.TPS Package . Tab 6- Honduras IPS 'Country Conditions Report 10-23-2017.docx; Tab 7 - Nicaragua TPS Country Conditions Report 10-23-2017.docx; Tab 2 i Correspondence to DHS _Acting Secretary Duke 10-2 .... docx; Tab~- El Salvador- IPS Country Conditions Report 10-23-20 .. _.docx'· Tab 5- Haiti IPS Countrv Cofditions Report 10-23-2017.docx; AM to S- TP~ . . - 10-23-2017 I ldocx; Tab 3- IPS Termination Foreign P~licy Implications 10-23-2017 . _SP.DOCX; Tab 1 i . ~orresponderice to DHS Acting Secretary Duke 10 .... docx

...

The process now is S/P, to PRM, to WHA, to 71h floor.

Adam


From: Ashe, -christopher c Sent: Wednesday, October 25, 2017 8:45AM To: Henshaw, Simon · Cc: PRM-Staff Assistant; Hefright, Brook E; Pollack, Margaret J Subject: RE: Updated Versions of the TPS Package

Simon,

Thanks,

Chris

Christopher C. Ashe

·Director {Acting) -Office of lnterryational Migration Bureau of Population, Migration, and Refugees .

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Sent: Wednesday, October 25, 2017 8:24AM To: Ashe, Christopher C; Frideres, Taryn F Cc: PJ:{M-Staff Assistant; Hefright, Brook E; Pollack, Margaret J; Melamud, Anna Subject: RE: Updated Versions of the TPS Package

Chris: Can you send me the entire package please.

·. Simon Henshaw

(

Acting Assistant Secretary Bureau of Population, Refugees, and Migration Department of State . ·

202 647 5982


From: Ashe, Christopher C · ·Sent: Wednesday; October·25, 2017 8:00AM To: Frideres, Taryn F · · Cc: PRM-Staff Assistant; Hefright, BrookE; Pollack, Margaret J; Melamud, Anna; Henshaw, Simon Subject: FW: Updated Versions of the TPS Package Importance: High

Morning Taryn;

Thanks for the info below and proposed approach. . .

2

I . UNCLASSIFIED U.S. Department of State ca·se No. F-2017-17275 Doc No.. C06540267 Date: 05/07/2018

85

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Thanks Tarynl

Chris

Christoph.er C. Ashe Director (Acting) " Office of International Migration 1..

Bureau. of Population, Migration, and Refugees · United States Department of State

. Official - SBU . UNCLASSIFIED

From: Frideres, Taryn F Sent: Tuesday, October 24, 2017 8:51 PM To: Ashe, Christopher C; PRM·Staff Assistant

· . Cc: Hefright, Brook E; Pollack, Margaret J Subject: RE: Updated Versions of the TPS Package Importance: High

Chris:

Thank you! Happy to chat by phone yet tonight or first thing tomorrow morning if you have any questions.

Best,·

Taryn


fr.om: Ashe, Christopher C Sent: Monday, October 23, 2017 3:30 P~

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UNCI,.ASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540267 Date: 05/07/2018

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540267 Date: 05/07/2018 ' '

Cc: Hefright, BrookE <[email protected]>; Pollack, Margaret J <[email protected]> Subject: Updated Versions of the TPS Package .

Hello PRM Staffers,

Thanks,

Chris ,.

Christopher C. Ashe Director (Acting) - Office of International Migration Bureau of Population, Refugees, and Migration · U.S. Department of State Telephone: (202) 453-9212

. Official UNCLASSIFIED

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4

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540267 Date: 05107/20·18

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Hartmann, ·Lorraine (Lori)

··From:

Sent: To: Subject:

Frideres, Taryn F Wednesday, October 25, 2017 1:38PM Breier, Kimberly · · TPS Memo. and Draft letter to DHS

Attachments: Correspondence to DHS Acting Secretary Duke 10:-_-=-=23~--=:20~1-:::::7.-:d-oc-x--; A:-::M-:--to-=s~--:r=p-:::;sC==! - · j- 10-23-20I7

J jdocx

Kim:·

Thank you!

Taryn

Taryn.Frideres Special Advisor, Policy Planning Staff OffJce of the Secretary Department of State 202-647-1709 (office)

I ____ -··-·----~ (mobile) · F rideresTF @state.gov

Official - SBU UNCLASSIFIED .


UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540308 Date: 05/07/2018 . .

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540340 Date: 05/07/2018 . . . . . \ ) .

Hartmann, Lorraine (Lori) . .

From: Sent: To: Subject: Attachments:

Frideres, Taryn F . Wednesday, October 25,201710:42 AM Breier, Kimberly Can you call me when vou have a second? AM to S - TPSI ·

Latest draft of my edits to TPS memo attached.

Taryn Frideres Special Advisor, Policy Planning Staff Office of the Secretary Department of State 202-647-1709 (office)

I._. _______ ]<mobile) Frideres TF @state .gov


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UNCLASSIFIED U.S. Dep_artment of State Case No. F-2017-17275 Doc No. C06540340 Date: 05/07/2018

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!RELEASE IN .PART 85,86!


WMhington, D.C 20510



October XX, 20i7

FROM:

SUBJECT:

PRM- Simon Henshaw, Acting WHA- Francisco L. Palmieri, Acting

(SBU) Recommendation Regarding Tempo·rary Protected Status (TPS) for Honduras, Nicaragua, Haiti, and El Salvador.

---. --·---------------'----'--------------------,

SENSITIVE BUT UNCLASSIFIED .


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Background (SBU) TPS for Nicaragua and Honduras will expire January 5, 2018; for Haiti January 22, 2018; and for El Salvador March 9, 2018. The DHS Secretary must review and decide whether tci extend or terminate TPS designations no later than 60 days before expiration, and intends to . make a decision on El Salvador. Honduras, and Nicaragua by November 3, and on Haiti by. November 22. DHS requested that the Department provide a report and recommendation on whether the conditions for each country's TPS designation continue to be met and whether further extension. potential re-designation, or termination is warranted.

r·- ·-·· .. ----···----. -- ·-------.- -- · 't Formatted: '!nelt!nt; Left: 0.5", No bulle!S or l number•ng . ..i__J

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UNCLASSIFIED U.S. Department of State_ Case No. F-2017-17275 Doc No. C06540343 Date: 05/07/2018

UNCLASSIFiED u.s: Department of State Case No. F-2017-17275 Doc No. C06540343 Date: 05/07/2018

SENSITIVE BUT UNCLASSIFIED ·3-


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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540343 Date: 05i07/2018

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UNCLASSIFIED U.S. Department ~f State Case No.r'F-2017-17275 Doc No. C06540343 Date:"05/07/2018

SENSITIVE BUT UNCLASSIFIED -4- .

Attachment(s}: . /

· .Tab I -J,-----..,IOutgoing Correspondence to_Acting DHS Secretary Duke Tab 2 i f Outgoing Correspondence to Acting DHS Secretary Duke Tab 3 -I•RM and WAA Assessment of the Foreign Policy Implications ofDHS

Termination ofTPS Tab 4- Department of State's Country Conditions Report for El Salvador Tab 5 - Department of State's Country Conditions Report for Haiti Tab 6- Depanment of State's Country Conditions Report for Honduras Tab 7 - Department of State's Country C01iditions Report for Nicaragua Tab 8- Overview of Temporary Protected Status ·


UNCLASSIFIED U.S. Departme.nt of State Case No. F-2017·17275 Doc No. C06540343 Date: 05/07/2018

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UNCLASSIFIED U.S. D~partment of State Case No. F-2017-17275 Doc No. C06540343 Date: 05/07/2018


Appro:ved: PRM -Simon Henshaw, Acting WHA - Francisco L. Palmieri', Acting

[SH] [FLP]

· Dralicd: PRM/PIM- Brook Hefright, ext. 7-39209 and home/ceii:L/ _____ ___j/

Cleared: PRM/FO- Margaret Pollack WHA/FO- Kenneth Merten, Acting WHA/FO- John Creamer PRM/PIM- Christopher Ashe D- Jamie Shufflebarger.

( J- Richmond Blake P- Luis Mendez SIP- Taryn Fridere~ LIHRR -Anna Melamud LIFO- Kathleen Hook WHA/CEN- Eric Sigmon WHA/HSC- Allyson Bowers


. (info by request) (info by request)· (!.!~) (ok) (ok) (ok) (ok)



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. . UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540345 Date: 05/07/2018.

· Hartmann, Lorraine (Lori)

From: 'Sent: · To:

(RELEASE IN P_ART 85,8~

Ashe, Christopher C Wednesday, October 25, 2017 9:25 AM Harris Chervl· Greenbera. Allen S; Tekach Mara· Bell Susan T;

I

!Creamer, John S;J I I ~----~------------~

Cc: ~~~~~~~~~~~~~

Nolan, Mariana M; Hefright. BrookE; Frideres, Taryn F; Law, Robert T; Prelogar, Brandon B; Anderson, Kathryn E; Nuebel Kovarik, Kathy; Henery-Chapman, Jyoti N; Pollack, Ma~garet J

Subject: AGENDA· 3:00PM DHS-STATE TPS Coordination Call

Good Morning Everyone,

Below please find the agenda for today's call.

1. 2~ 3. 4. 5.

As a reminder, here is the conference line:

Thanks, ·

Chris

Christopher C. Ashe Director (Acting) - Office of International Migration Bureau of Population, Migration, and Refugees United States Department of State

Official UNCLASSI.FIED

From: Henery-Chapman, Jyoti N Sent: Monday, October 23, 2017 1:22PM

I

To: Ashe Christo her C· Harris Che I· Greenber AlienS· Tekach Mara· Bell Susan T·

UNCLASSIFIED. U.S. Department of State C~se No. F-2017-17275 Doc No. C06540345 Date: 05/07/2018

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· Cc: Nolan, Mariana M Subject: bHS TPS Coordination call

Good Afternoon DHS Colleagues,

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·---------•-•••--•-••----·-·---·-n--·-----------------------------------------

Jselow is a conference line for the call:

==~~======~----------~--~

:, __ ~---------~ Thank you,

· Margaret Pollack

Acting Deputy Assistant Secretary Bureau of Population, Refugees, and Migration


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UNCLASSIFIED U.S. Departrpent of State Case No. F-2017-17275 Doc No. C06540345 Date: 05/07/2018

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UNCLAS~IF:'IED U.S. Department of State Case No. F~2017-17275 Doc No. C06540371 Date: 05/07/2018

· Hartmann, Lorraine (Lori)

From: . Ashe, Christopher C

Sent: To:

Wednesday, October 25, 2017 8:54 AM Frideres, Taryn F

Cc: Hefright, Brook E; Pollack, M·argaret J ._ Subject: Attac~mtmts:

L-~-r=======::::::d~U~pd~a~ted Versions of the TPS. Package , Tab XX -1 f Correspondence to DHS Acting Secretary Duke 10-23-2017.docx

Thanks,

Chris

. ' Christopher C. Ashe Director (Acting} - Office of International Migration Bureau of Population, Migration, and Refugees United States Department of State


From: Frideres, Taryn F Sent: Tuesday, October 24, 2017 8:51 PM To: Ashe, Christopher C; PRM·Staff Assistant Cc: Hefright, BrookE; Po.llack, Margaret J Subject: RE: Updated Versions of theTPS Package Importance: High

Chris:

f.

RELEASE IN PART ; 85

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06540371 Pate: 05/07/2018

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~=========================================================;!'

. Thank you! Happy to chat by phone yet tonight or first thing to~orrow morning if you hav~ any questions.

Best,.

Taryn


From: Ashe, Christopher c

, I

Sent: Monday, October 23,2017 3:30PM · . To:. PRM-Staff Assistant <[email protected]>; Frideres, Taryn F <[email protected]> Cc: Hefright, BrookE <[email protected]>; Pollack, Margaret J <[email protected]> · Subject: Updated Versions of the TPS Package

Hello PRM Staffers,

--~·----~

Thanks,

·Chris

Christopher C. Ashe Director (Acting)·-:.Office of International Migration Bureau of Population, Refugees, and Migration U5. Department of State Telephone: (202) 453-9212

Official UNCLASSIFIED ·

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. ( UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. COS540371 Date: 05(07/2018

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UNCLASSIFIED. u·.s. Department of State Case No. F-2017-17275 Doc No. C0653883.8 Date: 05/07/2018


From: ·sent: To:· Cc:

Ashe, Christopher C Tuesday. October 24. 2017 5:39 PM Frideres. Taryn F Hefright, Brook E

Subject: Wednesday at 3:00: DHS TPS Coordination Call

If you are.interested in joining.

Christopher C. Ashe Director (Acting) -Office of International Migration Bureau of Population, Migration: and Refugees

. United States Department of State

.Official UNCLASSIFIED

From: Henery-Chapman, Jyoti N

jRELEASE IN PART B5,BSI

(

Sent: Monday, October 23, 2017 1:22PM . . .--------------, To: Ashe, Christopher C; Harris, Cheryl; Greenberg, Allen S; Tekach, Mara; Bell, Susan T;

r--------------------------------------.~----------------~ Creamer, John S;

CcfNolan, rvlariana fiil . Subject: DHS TPS Coordination call

Good Afternoon DHS Colleagues,

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UNCLASSIFIED U.S. Departmentof State Case No. F-2017-17275 Doc No. C06538838 Date: 05/07/2618

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1 Below is a conference line for the call:

,____., --, ~---;:------* -- ) .

'--------.....J

Thank you,

Margaret Pollack Acting Deputy Assistant Secretary Bureau of P~pulation, Refugees, and Migration-

Official UNClASSIFIED

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UNCLASSIFIED U.S. Department of State Case No: F-2017-17275 Doc No. C06538838 Date: 0510712018

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(U) Foreign Policy Implications of DH~ Termination of Temporary Protected Status El Salvador, Haiti, Honduras, Nicaragua


UNCLASSIFIED U.S. Department of State Case No: F-2017-17275 Doc No. C06539018 Date: 05/07/2018

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·From:

Sent: To: Subject:

Peterson, Chad S Friday, October 20, 2017 7:44 PM Griese, Jon D Fwd: For S/P, D, L, & P - Urgent - Clearance on TPS Package

RELEASE IN PART 85

Attachments: Tab 1- sc=· !correspondence to DHS Acting_Secretary Duke lO .... docx;

Taryn will figure this out.

Begin forwarded message:

ATI00001.htm;Tab'2- si_ ____ _lcorrespondence to DHS Act!ng Secretary Duke 10-.... docx; ATI00002.htin; Tab 4- El Salvador- TPS Country Conditions Report 10~20-20 .... docx; ATI00003.htm; Tab 5- Haiti TPS Country Conditions Report 10-20-2017.docx; ATT00004.htm; Tab 6- H.c:mduras TPS Country Conditions Report 10-20"2017.docx; ATIOOOOS.htm; Tab 7 ··Nicaragua TPS Country Conditions Report

. I . 10-20-2017.docx; ATT00006.htm; Tab 8- Oyerview. of Temporary Protected Status 10-20-2017.docx; ATI00007.htm; Tab 3- TPS .Termination Foreign Policy Implications 10-20-2017 (2).docx; ATTOOOOS.htm; AM to S- TPS 10-20-2017.docx; ATI00009.htm · '--,----=----------J

'\ -

From: "Weise, Adam J" <[email protected]> Date: October 20,2011 at 7:21:48 PM EDT To: "Frideres, Taryn F" <[email protected]>, "Peterson, Chad S" <[email protected]>, "Mendez, Luis F" <[email protected]>, "Neidhart de Ortiz, Jenifer L" <[email protected]>, "Hooke, . · Kathleen'.H" <[email protected]>, "Griese, Jon D" <[email protected]>, ':Melamud', Anna" <[email protected]> Cc: '~Ashe, Christopher C" <[email protected]> Subject: For S/P, D, L, & P ·Urgent· Clearance on TPS Package

Dear S/P, D,L, & P,

Please clear as soon as possible on the attached WHAPRM TPS package. The Line is eager to receive . · these documents and we are available at all hours to help shepherd them.· ·

Please let us know as soon as possible whether you cim clear in an hour, tonight, this weekend or whether you· need more time so that I cah,plan accordingly.

Thanks in advance.

Best, Adam Official - SBU UNCLASSIFIED

1

UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No .. C06539104 Date: 05/07/2018

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Hartmann, Lorraine (Lori) ..

From: Henshaw, Simon

Sent:· To:

Saturday, October 21, 2017 12:11 PM, Carl-Yoder, Samantha A

Cc: Mendez, Luis F . ·

Subject: Re: TPS Action Memo

Thanks. Very much app~eciated.

Simon Henshaw Acting Assistant Secretary Bureau of Population, Refugees,. and Migration

Department of State +1202 647 5982

From: Carl-Yoder, Samantha A Sent: Saturday, October 21, 2017 12:09 PM To: Henshaw, Simon Cc: Mendez, Luis F Subject: Re: TPS Action Memo

Sent from my iPhone

·~----~-----

On Oct 21, 2017,.at 10:19 AM, Henshaw, Simon<[email protected]> wrote:

(RELEASE IN PART BSI

Sam, We are circulating our TPS memo on Nicaragua, El Salvador, Honduras, and Haiti for 7th

(.__o_o_r_c-le_a_ra_n_c_e._L_u_is-ha_s_c_le-ar-ed_J _________ _;!Tha~s. Simon

Simon Henshaw Acting Assistant Secretary ·Bureau of Population, Refugees, and Migration Department of State +I 202 647 5982

1

.UNCLASSIFIED U.S. Department of State Case No. F-2017-1'7275 Doc No. C065391Q4 Date: 05/07/2018

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UNCLASSIFIED U.S . .Department of State Case No. F-2017-17275 Doc No. C06539116 Date: 05/07/2018

I.

2.

3.

4.

5.

().

L/HRR

i ' i .

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. !RELEASE IN PART BSi

SENSITIVE BUT UNCLASSIFIED - 10-

UNCLASSIFIED U.S. Department of State Case No. F-2017-1"7275 Doc No. C06539116 Date: 05/07/2018

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From: Sent: To: Subject:·

Attachments: ·

FYSA


From: Mendez, luis F

Blake, Richmond P [RELEASE IN P~~ .Tuesday, October 17, 2017 1:40.PM Boyd, !an H FW: FOR CLEARANCE BY COB: Combined draft TPS recommendation package for El Salvador, Nicaragua, Honduras, and Haiti Upcoming TPS- Action Memo to S- Temporary Protected Status Recommendations for DHS 10-17-2017.docx; Tab 4- El Salvador- TPS Country Conditions Report 10-17-2017.docx; Tab 1- Nicaragua TPS Country Conditions Report,l0-17-20H:docx; . Tab 2- Honduras TPS Country Conditions Report 10-17-2017.docx; Tab 5 S Outgoing TPS Correspondence to DHS Acting Secretary Duke 10-17-2017.docx; Tab 3- Haiti TPS Country Conditions Report 10-17-2017.docx; Tab 6 - Overview of Temporary ·Protected Status.docx

.Sent: Tuesday, October 17,2017 1:38PM To: Hefright, BrookE <[email protected]>; Frideres, Taryn F <[email protected]>; Blake, Richmond P

<[email protected]>; Neidhart de Ortiz, Jenifer l <[email protected]>; Ashe, Christopher( <[email protected]>; Melamud, Anna <[email protected]>; Sigmon, Eric .B <[email protected]>; Bowers, Allyson M <[email protected]>; Diaz, Rafael <[email protected]>; Rupert, Sarah H <[email protected]> Cc: Snyder, Lorelei G <[email protected]>; Carl-Yoder, Samantha A <[email protected]>; Sigmon, Eric B <[email protected]>; Bowers, Allyson M <[email protected]>.

Subject: FW: FOR CLEARANCE BY COB: Combined.draft TPS recommendation package for El Salvador, Nicaragua, Honduras, and Haiti

Brook/Taryn,

The U/S will peed to review this packet Before he does I'll need to a sense of whether the WHA Front Office supports the recommendations below.

·-·----·-- ·--~-·--·-----------------------

• • • •

Thanks so much, ·

Luis

Official I,JNCLASSIFIED


85

UNCLASSIFIED U:S. Department of State Case No. F-2017-17275 Doc No. C06539173 Date: 05/07/2018

From: Hefright, BrookE Sent: Tuesday, October 17, 2017 1:13PM To: Frid~res, Taryn F" <[email protected]>; Mendez, Luis F <[email protected]>; Blake, Richmond P <[email protected]>; Neidhart de Ortiz, Jenifer l <[email protected]> cc: Ashe, Christopher C <[email protected]>; Melamud, Anna <[email protected]>; Sigmon, Eric B

· <[email protected]>; Bowers, Allyson M <[email protected]>; Diaz, Rafael <[email protected]>; Rupert, Sarah H

<[email protected]> subject: FOR CLEARANCE BY COB: Comhined draft TPS recommendation package for El Salvador, Nicaragua, Honduras, and Haiti

. . Attached pleased find the combined draft TPS recommendation package for El Salvador, Nicaragua, Honduras, and Haiti. As discussed. with Taryn, we'd appreciate your clearance by COB today so that we can move the package through the PRM and WHA front offices in time for the Secretary to review not later than Thursday before he departs on travel Friday.· · 1

.

Also note that combining the recommendations. into a single package has made it difficult to adhere to the line's twopage maximum for Action Memos. Unless clearers can recommend deletions, we will ask for Taryn's help and support to request an exception irom the two-page limit. .

Many thanks for your help on this, Brook

. Brook Hefright I Bureau of Population, Refugees and Migration I U.S. Department of State 2025 E Street NW, Washington, DC 20520 I [email protected] .. 1 (202}453-9209

2


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. . .

RELEASE IN PART 85

DEPARTMENT OF STATE RECOMMENDATION REGARDING· . TERMINATION OF TEMPORARY PROTECTED STATUS (TPS)

FOR HAITI- 2017

-I. Statutory Basis for Designation


UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06539237 Date: 05/07/2018 . ' . '

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SENSITIVE 'BUT UNCLASSIFIED -2- ..

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UNCLASSIFIED U.S. Department of State Case No. F-2017-17275. Doc No. C0653S237 Date: 05/07/2018

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. SENSITIVE BUT UNCLASSIFIED

' UNCLASSIFIED U.S. Department of State Case No. F-2017-17275 Doc No. C06539237 Date: 05/07/2018

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SENSITIVE BUT UNCLASSIFIED i. -4-

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UNCLASSIFIED U.s: Department of State Case No. F-2017-17275 Doc No. C06539.237 Date: 05/07/2018


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lit Recommendation

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UNCLASSIFIED U.S. Departmept of State Case No. F-2017-17275 Doc No. C06539237 Date: 05/07/201~

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