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May 18, 2011
 
 

Napolitano violates TPS fundamental principle


By Jack Martin, FAIR Special Projects Director

On January 15, 2010, DHS Secretary Janet Napolitano issued a press statement announcing Temporary Protected Status (TPS) for Haitians following a devastating 7.0 magnitude earthquake that hit the island on January 12 of that year.

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

On May 17, 2011, Secretary Napolitano issued a new statement extending the period that those Haitians may continue to stay temporarily in the United States through January 22, 2013. In addition, the statement announced that Haitians who arrived in the United States between January 12, 2010 and January 12, 2011 will also be eligible to apply for TPS along with those who arrived earlier.

This is a very dangerous precedent because it will convey the message that those who continue to come legally or illegally after the date of a TPS designation will have a chance of gaining the same benefit as those who were in the United States at the time of a national disaster or political upheaval. This completely distorts the intent of the TPS program.