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Haitiís temporary protected status never intended to be permanent. By Nolan Rappaport

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Otherwise deportable aliens cannot be deported while they have Temporary Protected Status (TPS), but they revert back to being deportable when their TPS status has been terminated. Consequently, it was not surprising when, a day after Acting DHS Secretary Elaine Duke announced that she was terminating Haitian TPS, an article appeared asking, ďIs Trump going to deport 59,000 Haitians who fled a humanitarian crisis?Ē

Duke delayed the effective date of the termination by 18 months to allow for an orderly transition, and no one knows what Trumpís enforcement priorities will be 18 months from now. Moreover, if he does not get the immigration court backlog under control, he may not be able to put the Haitians through removal proceedings.

Nevertheless, they will be deportable when their status expires if they havenít obtained lawful status on some other basis. And they cannot compel Duke to reinstate their TPS status.


The same fate awaits TPS aliens from nine other countries when their status is terminated.




Read more at http://thehill.com/opinion/immigrati...o-be-permanent

Published originally on The Hill.

About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.





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Comments

  1. ImmigrationLawBlogs's Avatar
    The issue is not whether, as the title to Nolan's article suggests it is, TPS is intended to be permanent. No one claims that it is, and whoever wrote that title is raising a red herring argument.

    The real issue is whether Haiti, the poorest country in the entire western hemisphere, is now in a position to take the TPS holders back.

    Expert opinion, which Nolan does not mention to any great extent in his article, is clear that Haiti is not ready to take these Haitian citizens back.

    Naomi Steinberg, senior director of policy and advocacy at the Hebrew Immigrant Aid Society (HIAS) states:

    "There is a significant need there [in Haiti] for medical care, for education, for work opportunities...there has been a cholera epidemic, hurricanes, other natural disasters...there is not an infrastructure in place to absorb all these returnees."

    See my November 24 Immigration Daily comment on this issue:

    http://blogs.ilw.com/entry.php?10246

    What prompted the decision to end TPS for 50,000 Haitian immigrants? Was it an objective study of conditions in Haiti and whether that country is really able to absorb the returnees? Or was it Trump's desire to proceed with his "ethnic cleansing" agenda of overseeing the departure from the US of as many non-white immigrants as possible as quickly as possible?

    Roger Algase
    Attorney at Law
    Updated 11-28-2017 at 02:58 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    The issue is not whether, as the title to Nolan's article suggests it is, TPS is intended to be permanent. No one claims that it is, and whoever wrote that title is raising a red herring argument.

    The real issue is whether Haiti, the poorest country in the entire western hemisphere, is now in a position to take the TPS holders back.

    Expert opinion, which Nolan does not mention to any great extent in his article, is clear that Haiti is not ready to take these Haitian citizens back.

    Naomi Steinberg, senior director of policy and advocacy at the Hebrew Immigrant Aid Society (HIAS) states:

    "There is a significant need there [in Haiti] for medical care, for education, for work opportunities...there has been a cholera epidemic, hurricanes, other natural disasters...there is not an infrastructure in place to absorb all these returnees."

    See my November 24 Immigration Daily comment on this issue:

    http://blogs.ilw.com/entry.php?10246

    What prompted the decision to end TPS for 50,000 Haitian immigrants? Was it an objective study of conditions in Haiti and whether that country is really able to absorb the returnees? Or was it Trump's desire to proceed with his "ethnic cleansing" agenda of overseeing the departure from the US of as many non-white immigrants as possible as quickly as possible?

    Roger Algase
    Attorney at Law
    Roger says, “The issue is not whether, as the title to Nolan's article suggests it is, TPS is intended to be permanent. No one claims that it is, and whoever wrote that title is raising a red herring argument.”


    Roger knows that I don’t write the titles to my articles or even see them before the articles are published.


    Roger says, “The real issue is whether Haiti, the poorest country in the entire western hemisphere, is now in a position to take the TPS holders back.”


    No, that is not the real issue. Let’s look at the pertinent statutory provision instead of looking to an “expert” who does not appear to have done this either.

    (A) Periodic review.-At least 60 days before end of the initial period of designation, and any extended period 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) Termination 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

    To be meaningful, Roger’s objection to terminating TPS should focus on whether the consequences of an earthquake that occurred seven years ago still warrant TPS.


    Roger says, “Expert opinion, which Nolan does not mention to any great extent in his article, is clear that Haiti is not ready to take these Haitian citizens back.

    Naomi Steinberg, senior director of policy and advocacy at the Hebrew Immigrant Aid Society (HIAS) states:

    "There is a significant need there [in Haiti] for medical care, for education, for work opportunities...there has been a cholera epidemic, hurricanes, other natural disasters...there is not an infrastructure in place to absorb all these returnees."”


    This has nothing to do with the earthquake that occurred seven years ago. But if those conditions are as bad as she claims, they might justify a new grant of TPS, which is a possibility I said the Haitian TPS aliens should look into.


    Roger says, "What prompted the decision to end TPS for 50,000 Haitian immigrants? Was it an objective study of conditions in Haiti and whether that country is really able to absorb the returnees? Or was it Trump's desire to proceed with his "ethnic cleansing" agenda of overseeing the departure from the US of as many non-white immigrants as possible as quickly as possible?"


    Such decisions are not made by the President of the United States. Staff at DHS made recommendations to a DHS official who reviewed them and passed them on to Acting Sec. Duke, and she made the decision. Your absurd character assassinations are going to get you into trouble if you aren’t careful to limit them to celebrities and other persons who can’t sue you for libel.

    Nolan Rappaport
    Updated 11-28-2017 at 06:11 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    With regard to Nolan's last point, DHS Acting Secretary Elaine Duke, according to several news reports, got some very heavy and angry arm twisting from White House Chief of Staff John Kelly when she postponed a decision about terminating TPS for another group of non-white immigrants, Hondurans.

    In fact, according to some news reports, the arm twisting that Duke received from Kelly, who was obviously acting on Trump's behalf since that is Kelly's job, was so intense and offensive that Duke actually threatened to quit.

    Kelly also reportedly said that Duke's refusal to end TPS for the Hondurans now was "delaying" White House goals.

    We all know what those goals are. Anyone who has doubts about that can read my own ilw.com comment on the Honduran TPS issue, which also has links to the relevant news reports.

    http://blogs.ilw.com/entry.php?10219

    Duke may not have had similar bullying and arm-twisting from the White House in connection with her decision to terminate TPS for Haitians, but, in view of the above reported TPS history regarding Hondurans, she may not have needed it.

    She is certainly capable of reading the Handwriting on the Wall, and I am not referring to Trump's proposed Wall of hatred and humiliation against Mexican and other Latin American immigrants.

    I am referring the the Wall in the Biblical Book of Daniel and the words written on that Wall:

    Mene, Mene, Tekel, Upharsin.

    I also note that there are plenty of countries where the press or members of the public may be intimidated from publishing or posting negative news reports or comments about policies or actions of leaders who hold positions of power.

    Russia, alleged connections with which by Trump's campaign and/or close associates are now under investigation by special counsel Robert Mueller and have already resulted in indictments and one guilty plea, is one such country.

    Fortunately, the United States of America is not (yet) on that list of repression, and critics of Donald Trump's immigration policies are still free to speak out.

    Roger Algase
    Attorney at Law

    Updated 11-28-2017 at 09:05 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    Roger,

    Do you believe everything you read in the news? You might want to be a little skeptical.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    Does this mean that any negative news or comment about Trump should automatically be considered "Fake News?" and that only favorable news about him can be relied on as true? If that ever becomes the case, then America will really become another North Korea.

    Roger Algase
    Attorney at Law
  6. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Does this mean that any negative news or comment about Trump should automatically be considered "Fake News?" and that only favorable news about him can be relied on as true? If that ever becomes the case, then America will really become another North Korea.

    Roger Algase
    Attorney at Law
    I don't know how much of what you hear from the news media is true, and neither do you. My point is that you accept anything negative that you hear about Trump because it supports your view of him.

    Nolan Rappaport
  7. ImmigrationLawBlogs's Avatar
    Certainly, not every news story about Trump or any other topic can be verified, and in the case of the story about Kelly's alleged pressure on Elaine Duke to terminate TPS for 86,000 Hondurans in the US, Duke has denied receiving any pressure from Kelly, though not receiving the phone call itself. She has also denied having any plans to quit the DHS.

    At the same time, the NY Times, Washington Post and other major outlets who ran the story have not retracted it, so readers will have to make their own choice as to its veracity.

    As between respected independent news outlets such as the NY Times, Washington Post and, yes, CNN on the one hand, and Trump supporting organs such as Fox News on the other, it is not hard to tell where the truth generally lies.

    This is why Trump is trying so hard to attack and muzzle a free press in America, in the classic style of dictators the world over.

    But what about the countless stories concerning Trump's own bigoted statements, such as the one that he gave in Warsaw on July 6 as a blueprint for his Europe only immigration agenda?

    I have commented on that statement previously, using the White House's own official transcript. For my most recent comment about how Trump's European supremacist Blut und ​Boden ("Blood and Soil") type Warsaw speech relates to the termination of Haitian TPS in particular, see:

    http://blogs.ilw.com/entry.php?10239

    Is it not also true that Trump, just the other day, used the racist term "Pocahontas"in front of a distinguished groups of native American WW2 veterans, and that he did so while standing in front of a portrait of Andrew Jackson, who is famous for having persecuted and exterminated native Americans?

    As a Princeton professor, Eddie Glaude Jr. pointed out in reaction to Trump's use of this racial slur, this was an insult not only to native Americans, but to all brown-skinned people.

    https://www.alternet.org/news-amp-po...-heart-country

    Haitian TPS holders are also brown-skinned people, and Trump's "Pocahontas" comment is a racial slur against them as well.

    If Trump wants to defend himself against the accusation that his entire immigration policy is based on white supremacy and racial prejudice against brown people. avoiding racial epithets in his public statements (and apologizing, not only for "Pocahontas" but also for his many attacks against various non-white immigrant groups in general) would be a good way to begin.

    Roger Algase
    Attorney at Law
    Updated 11-29-2017 at 09:06 AM by ImmigrationLawBlogs
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