Haitian TPS holders in Texas scrambling after SCOTUS ruling
TEXAS — A local nonprofit says many Haitians in the Lone Star State are changing their immigration status but still fear they can be deported.
Jean Michel Celestin and James Pierre say immigrants they work with in Texas are scrambling after a recent Supreme Court ruling cleared the way for the Trump administration to lift Temporary Protected Status (TPS) from Syrian and Haitian nationals.
“And all of a sudden, they wake up one day… they’ve been told that they’re no longer legal in this country,” Celestin said.
Celestin and Pierre are the co-founders of Houston Haitians United. Houston is home to a large community of Haitians, and the nonprofit helps those with TPS status figure out what’s next.
“Our people are resilient and are strong, and we’re just going to follow the law. But at the same time, I do hope that there’s a solution to this madness,” said Celestin.
The U.S. first granted Haitians TPS after a devastating 7.0 magnitude earthquake struck the island country in 2010.
“TPS was temporary. It was never meant to be a permanent status,” said Markwayne Mullin, secretary of the Department of Homeland Security (DHS).
DHS grants TPS to immigrants who can’t return to their country safely because of the country’s conditions or circumstances. Mullin addressed the lifting of the status in a press conference on C-SPAN earlier this month.
“You had an opportunity while you were here to possibly try to change your status,” Mullin said. “Now that the court ruling has gone out, you no longer have that option. You have to go back to either a country that will take you or a country you came from.
Advocates point out Haiti has a Level 4 “do not travel” advisory because of widespread kidnapping and violent crime, according to the State Department.
Pierre said some Haitians he works with at his nonprofit have already started the process to get permanent status.
“If they want to apply for a green card to get residency, they can,” Pierre said. “Some of them already started that process. Some of them have hearings.”
It’s unclear just how many of Texas’ 147,000 total TPS holders are impacted by the Haiti and Syria status change.
“The Temporary Protected Status cover is taken away, and now they fall back into what was pending for them,” said Pallavi Ahluwalia, managing counselor at Ahluwalia Law Offices in Dallas.
Ahluwalia said TPS holders do have the option of changing to another status.
“You were relying on your Temporary Protected Status as the only thing that held you legally in the country — you do have an option, still, while this is going on to pivot to another status,” Ahluwalia said. “What that status may be depends on your individual options.”
But for those whose temporary status is ending, Mullin laid out the Trump administration’s tough stance as an option.
“If you deport yourself, which we will give you $2,600 plus a plane ticket to go home, you have the ability at that point to fill out legally for a visa or another way to come back to this country,” Mullin said.
In the meantime, Celestin and Peirre are advising their Haitian community through the questions and confusion left by the ruling.
“Our brothers and sisters that are in need, we’re going to be there to help them,” said Pierre
The Supreme Court decision doesn’t immediately terminate TPS status for Haiti and Syria. The Supreme Court has sent the case back to the district courts to issue an implementing order, which could take up to a month.