On Monday evening, a federal judge ruled that termination of Temporary Protected Status for 330,000 Haitians in the U.S. would be paused while a lawsuit challenging the move continues.
But the threat to their legal status isn’t over.
WYSO’s Adriana Martinez-Smiley spoke with Dayton immigration lawyer Karen Bradley. An immigrant from Belize herself, Bradley has been working with Haitian clients to help them navigate citizenship and visa filings.
Here’s more on what the ruling means and what legal options exist for Haitians beyond temporary protected status.
ADRIANA MARTINEZ-SMILEY: What legal protections can people expect from this decision?
KAREN BRADLEY: Haitians are eligible to retain their employment authorization and their temporary protected status in the United States until there is a further decision that may extend it further or have it redesignated for an additional 18-month extension. The federal government most likely will appeal.
The circuit court can do a couple of things. They can reverse their finding that says the decision was unlawful or they can stay that order, which could let an early termination go into effect while the appeal is pending. Which is something that was similar to what happened in the Venezuelan TPS case when the Supreme Court removed the lower court order block.
MARTINEZ-SMILEY: So then are you saying that this decision precludes Haitians from detention under this ruling?
Bradley: Well, it should until or unless there is a final ruling on when temporary protected status is to end lawfully pursuant to all the procedures, the Administrative Procedures Act and all the statutory protections that it falls under.
MARTINEZ-SMILEY: Does this change the likelihood at all of ICE deployment in Springfield?
Bradley: I don't know if it will change the likelihood of them coming to Springfield. I don't know why they would, I mean, considering that the majority of these folks would be under the protection of having this status, they shouldn't. But that's just my take on that.
MARTINEZ-SMILEY: Is it something that lawyers are still trying to understand, what exactly are the implications from this recent ruling?
Bradley: Right now we're all sort of – I feel like we're in limbo because yes, the ruling says, ‘yeah, the early termination was unlawful,’ but then what? Are they going to extend TPS? We haven't seen that. All we know now based on that ruling, it is not terminated.
On Feb. 3, everybody can continue until or unless there is something else that occurs in a court that says, ‘oh. The termination was unlawful, but we are gonna terminate it now under this other procedure.’ We just don't know what happens after today other than the fact that everything stays in place from this point.
Everybody's right now trying to figure out, ‘OK what do we tell our clients?’ We tell our client, ‘look, as far as we're concerned, you are safe. You're safe right now, unless there's something else that happens. And we don't know what that something else is yet.’
MARTINEZ-SMILEY: We've heard officials like Sen. Bernie Moreno or DHS Secretary Kristi Noem say that there's the option of self-deportation. What are the practical and legal challenges that come with self-deportation for Haitians specifically?
Bradley: None of these nationals want to return to a country that is completely destroyed by gang violence and just a broken down economy and infrastructure. Self-deportation, yeah, we've seen it. We've had clients that have made the decision that they want to do it. I don't know the exact process of going about doing that because that's not something I have encouraged my clients to do, especially those clients who have been here for more than two or three or four years. So I would not encourage it.
MARTINEZ-SMILEY: While this case is pending, is there anything that TPS recipients can do to reinforce their ability to stay in the US?
Bradley: Yes, if any TPS holder has a reasonable fear or a credible fear of persecution for returning to Haiti, they should file an asylum application to get the additional protection of remaining in the United States.
Anyone who has a credible fear of persecution on the basis of their race, their religion, nationality, political opinion, membership in a particular social group, they should do that. What everybody from Haiti wants to ensure that you have in place is something that provides you an opportunity to remain in this country lawfully. Any kind of family-based immigration benefits can also be applied for.
And there are some employment-based options that may be available. Other reliefs such as VAWA or U visas or SIJS, those are other options that may also be available in the event the information is there. So if. And my last part of this, I would say if DHS, if the Department of Homeland Security succeeds in lawfully terminating Haiti’s TPS, after appeals or a new proper decision, TPS holders will then face options very similar to what has happened to Venezuelan TPS holders. They would either have to depart to their country or a third country, Stay in the U.S. and risk everything, detention, deportation, or seek any other immigration benefit that's available.
MARTINEZ-SMILEY: You mentioned something about there potentially being a third country that people can potentially go to should they not feel that it's safe enough to return back to Haiti. Can you talk a little bit about what exactly that avenue looks like?
Bradley: Well, that avenue could be in a couple of directions, for example. A Haitian national or family has relatives or family members in another country, for example, let's say in Canada, or let's say in Mexico, or, let say in Chile, and their process simply requires that the Haitian national have a family member, have someone there that could receive them in that foreign country, and that country is willing to take them, then that's a third country that would, that could work. If that is the only other basis under which they would leave the United States.
I mean, leaving the United States to go back to Haiti, I think, would be dangerous and tragic. That's not what they should do. The government of the United States should really just redesignate Haiti for TPS, because clearly the country is not in a position to receive its citizens.
MARTINEZ-SMILEY: Do you have any words of advice for people that are fearful of this situation right now?
Bradley: Yes. What ICE is doing and wherever they are, the fear is palpable for everyone. And in immigrant communities, it's even worse. I am hoping, and this is what I wanna do, is to make sure that we stay connected to our immigrant communities. My cell phone is on all the time. I make sure I am available if anyone needs anything at any time, especially given what we're up against.
I mean, I am an immigrant myself and I'm part of the group of immigrants that the Supreme Court says ICE can go after. They said black and brown immigrants. I fall in that category. So there's also the fear I have around people in my immigrant communities and around me. The job is we just have to stay close, stay connected, and we're hoping. We're hoping that public opinion will hopefully rise and that the courts will do what we believe is the right thing and redesignate and continue this designation for the people from Haiti.
