9111-97
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2772-24; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Extension and Redesignation of Haiti for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of
Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation.
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is extending the
designation of Haiti for Temporary Protected Status (TPS) and redesignating Haiti for
TPS for 18 months, beginning on August 4, 2024, and ending on February 3, 2026. This
extension and redesignation allows Haitian nationals (and individuals having no
nationality who last habitually resided in Haiti) who have been continuously residing in
the United States since June 3, 2024, and who have been continuously physically present
in the United States since August 4, 2024, to apply or re-register for TPS.
DATES: Extension and Redesignation of Designation of Haiti for TPS begins on August
4, 2024, and will remain in effect for 18 months. For registration instructions, see the
Registration Information section below.
FOR FURTHER INFORMATION CONTACT:
•

You may contact Rená Cutlip-Mason, Chief, Humanitarian Affairs Division,
Office of Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, by mail at 5900 Capital Gateway Drive, Camp
Springs, MD 20746, or by phone at 240-721-3000.

•

For more information on TPS, including guidance on the registration process and
additional information on eligibility, please visit the USCIS TPS webpage at
https://www.uscis.gov/tps. You can find specific information about Haiti’s TPS
designation by selecting “Haiti” from the menu on the left side of the TPS
webpage.

•

If you have additional questions about TPS, please visit https://uscis.gov/tools.
Our online virtual assistant, Emma, can answer many of your questions and point
you to additional information on our website. If you cannot find your answers
there, you may also call our USCIS Contact Center at 800-375-5283 (TTY 800767-1833).

•

Applicants seeking information about the status of their individual cases may
check Case Status Online, available on the USCIS website at uscis.gov, or visit
the USCIS Contact Center at https://www.uscis.gov/contactcenter.

•

You can also find more information at local USCIS offices after this notice is
published.

SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA – Board of Immigration Appeals
CFR – Code of Federal Regulations
DHS – U.S. Department of Homeland Security
DoS – U.S. Department of State
EAD – Employment Authorization Document
FNC – Final Nonconfirmation
Form I-131 – Application for Travel Document
Form I-765 – Application for Employment Authorization
Form I-797 – Notice of Action
Form I-821 – Application for Temporary Protected Status
Form I-9 – Employment Eligibility Verification
Form I-912 – Request for Fee Waiver
Form I-94 – Arrival/Departure Record
FR – Federal Register
Government – U.S. Government
IER – U.S. Department of Justice, Civil Rights Division, Immigrant and Employee
Rights Section
IJ – Immigration Judge

INA – Immigration and Nationality Act
PM – Prime Minister
SAVE – USCIS Systematic Alien Verification for Entitlements Program
Secretary – Secretary of Homeland Security
TPS – Temporary Protected Status
TTY – Text Telephone
USCIS – U.S. Citizenship and Immigration Services
U.S.C. – United States Code
Registration Information
Extension of Designation of Haiti for TPS: The 18-month designation of Haiti for
TPS begins on August 4, 2024, and will remain in effect for 18 months, ending on
February 3, 2026. The extension allows existing TPS beneficiaries to retain TPS through
February 3, 2026, if they otherwise continue to meet the eligibility requirements for TPS.
Existing TPS beneficiaries who wish to extend their status through February 3, 2026,
must re-register during the 60-day re-registration period described in this notice.
Re-registration: The 60-day re-registration period for existing beneficiaries runs
from [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], through
[INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER]. (Note: It is important for re-registrants to timely re-register during the reregistration period and not to wait until their Employment Authorization Documents
(EADs) expire, as delaying re-registration could result in gaps in their employment
authorization documentation.)
Redesignation of Haiti for TPS: The 18-month redesignation of Haiti for TPS
begins on August 4, 2024, and will remain in effect for 18 months, ending on February 3,
2026. The redesignation allows individuals who do not currently have TPS to apply for
TPS during the initial registration period described under the first-time registration
information in this notice. In addition to demonstrating continuous residence in the
United States since June 3, 2024, and meeting other eligibility criteria, initial applicants
for TPS under this designation must demonstrate that they have been continuously

physically present in the United States since August 4, 2024, the effective date of this
redesignation of Haiti for TPS.
First-time Registration: The initial registration period for new applicants under
the Haiti TPS redesignation begins on [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER] and will remain in effect through February 3, 2026.
Purpose of this Action (TPS)
Through this notice, DHS sets forth procedures necessary for nationals of Haiti
(or individuals having no nationality who last habitually resided in Haiti) to (1) reregister for TPS and apply to renew their EAD with USCIS or (2) submit an initial
registration application under the redesignation and apply for an EAD.
Re-registration is limited to individuals who have previously registered for TPS
under the prior designation of Haiti and whose applications have been granted. If you do
not re-register properly within the 60-day re-registration period, USCIS may withdraw
your TPS following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under Haiti’s designation, the
60-day re-registration period runs from [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER], through [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN FEDERAL REGISTER]. USCIS will issue new EADs with a
February 3, 2026 expiration date to eligible beneficiaries granted TPS under Haiti’s
designation who timely re-register and apply for EADs. Given the time frames involved
with processing TPS re-registration applications, DHS recognizes that not all reregistrants may receive a new EAD before their current EAD expires. Accordingly,
through this Federal Register notice, DHS automatically extends through August 3, 2025,
the validity of certain EADs previously issued under the TPS designation of Haiti. As
proof of continued employment authorization through August 3, 2025, TPS beneficiaries
can show their EAD with the notation A-12 or C-19 under Category and a “Card

Expires” date of August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022,
October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or
July 22, 2017. This notice explains how TPS beneficiaries and their employers may
determine if an EAD is automatically extended and how this affects the Form I-9,
Employment Eligibility Verification, E-Verify, and USCIS Systematic Alien Verification
for Entitlements (SAVE) processes.
Individuals who have an Application for Temporary Protected Status (Form I821) for Haiti or Application for Employment Authorization (Form I-765) that was still
pending as of [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], do
not need to file either application again. If USCIS approves an individual’s pending
Form I-821, USCIS will grant the individual TPS through February 3, 2026. Similarly, if
USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a
new EAD that will be valid through the same date.
Under the redesignation, individuals who currently do not have TPS may submit
an initial application during the initial registration period that runs from [INSERT DATE
OF PUBLICATION IN THE FEDERAL REGISTER], through the full length of the
redesignation period ending February 3, 2026. In addition to demonstrating continuous
residence in the United States since June 3, 2024, and meeting other eligibility criteria,
initial applicants for TPS under this redesignation must demonstrate that they have been
continuously physically present in the United States since August 4, 2024,1 the effective
date of this redesignation of Haiti, before USCIS may grant them TPS. DHS estimates

The “continuous physical presence” date is the effective date of the most recent TPS designation of the
country, which is either the publication date of the designation announcement in the Federal Register or a
later date established by the Secretary. The “continuous residence” date is any date established by the
Secretary when a country is designated (or sometimes redesignated) for TPS. See INA sec. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i–ii) (continuous residence and continuous physical presence
date requirements); 8 U.S.C. 1254a(b)(2)(A); 1254a(c)(1)(A)(i-ii).
that approximately 309,000 individuals may become newly eligible for TPS under the
redesignation of Haiti.
What Is Temporary Protected Status (TPS)?
•

TPS is a temporary immigration status granted to eligible nationals of a foreign
state designated for TPS under the INA, or to eligible individuals without
nationality who last habitually resided in the designated foreign state, regardless
of their country of birth.

•

During the TPS designation period, TPS beneficiaries are eligible to remain in the
United States, may not be removed, and are authorized to obtain EADs if they
continue to meet the requirements of TPS.

•

TPS beneficiaries may also apply for and be granted travel authorization as a
matter of DHS discretion.

•

To qualify for TPS, beneficiaries must meet the eligibility standards at INA
section 244(c)(1)-(2), 8 U.S.C. 1254a(c)(1)-(2).

•

When the Secretary terminates a foreign state’s TPS designation, beneficiaries
return to one of the following:
o The same immigration status or category that they maintained before TPS,
if any (unless that status or category has since expired or terminated); or
o Any other lawfully obtained immigration status or category they received
while registered for TPS, if it is still valid beyond the date TPS terminates.

When was Haiti designated for TPS?
Haiti was initially designated on the basis of extraordinary and temporary
conditions in Haiti that prevented nationals of Haiti from returning in safety.2 Following
the initial designation, TPS for Haiti was extended and redesignated once from July 23,

See Designation of Haiti for Temporary Protected Status, 75 FR 3476 (Jan. 21, 2010).

2011, through January 22, 2013, based on extraordinary and temporary conditions.3
Thereafter, TPS for Haiti was extended four times based on extraordinary and temporary
conditions: (1) from January 23, 2013, through July 22, 2014;4 (2) from July 23, 2014,
through January 22, 2016;5 (3) from January 23, 2016, through July 22, 2017;6 and (4)
from July 23, 2017, through January 22, 2018.7 Subsequently, the Secretary announced
the termination of the TPS designation of Haiti effective July 22, 2019.8
The termination of Haiti’s 2011 TPS designation was challenged in several
lawsuits, and court injunctions required DHS to temporarily continue TPS for Haiti
pending a final court order.9 Secretary Mayorkas newly designated Haiti on the basis of
extraordinary and temporary conditions effective August 3, 2021, through February 3,
2023.10 Thereafter, TPS for Haiti was extended and redesignated effective February 4,
2023, and ending on August 3, 2024.11
What authority does the Secretary have to extend the designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the Secretary,
after consultation with appropriate agencies of the U.S. Government, to designate a
foreign state (or part thereof) for TPS if the Secretary determines that certain country
conditions exist.12 The decision to designate any foreign state (or part thereof) is a

See Extension and Redesignation of Haiti for Temporary Protected Status, 76 FR 29000 (May 19, 2011).
See Extension of the Designation of Haiti for Temporary Protected Status, 77 FR 59943 (Oct. 1, 2012).
5 See Extension of the Designation of Haiti for Temporary Protected Status, 79 FR 11808 (Mar. 3, 2014).
6 See Extension of the Designation of Haiti for Temporary Protected Status, 80 FR 51582 (Aug. 25, 2015).
7 See Extension of the Designation of Haiti for Temporary Protected Status, 82 FR 23830 (May 24, 2017).
8 See Termination of the Designation of Haiti for Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018).
9 On Dec. 28, 2023, the U.S. District Court for the Northern District of California dismissed Ramos v.
Nielsen, 18-cv-01554 (N.D. Cal. Dec. 28, 2023). Bhattarai v. Nielsen, 19-cv-731 (N.D. Cal. Mar. 12, 2019)
was consolidated with Ramos in August 2023. The court agreed with the government position that
subsequent TPS designations rendered the pending litigation moot.
10 See Designation of Haiti for Temporary Protected Status, 86 FR 41863 (Aug. 3, 2021).
11 See Extension and Redesignation of Haiti for Temporary Protected Status, 88 FR 5022 (Jan. 26, 2023).
12 INA section 244(b)(1) ascribes this power to the Attorney General. Congress transferred this authority
from the Attorney General to the Secretary of Homeland Security. See Homeland Security Act of 2002,
3
discretionary decision, and there is no judicial review of any determination with respect
to the designation, termination, or extension of a designation. See INA sec. 244(b)(5)(A),
8 U.S.C. 1254a(b)(5)(A). The Secretary, in their discretion, may then grant TPS to
eligible nationals of that foreign state (or individuals having no nationality who last
habitually resided in the designated foreign state). See INA sec. 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration of a foreign state’s TPS designation or
extension, the Secretary, after consultation with appropriate U.S. Government agencies,
must review the conditions in the foreign state designated for TPS to determine whether
they continue to meet the conditions for the TPS designation. See INA sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign state continues to
meet the conditions for TPS designation, the designation will be extended for an
additional period of 6 months or, in the Secretary’s discretion, 12 or 18 months. See INA
sec. 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the
foreign state no longer meets the conditions for TPS designation, the Secretary must
terminate the designation. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Haiti for TPS?
In addition to extending an existing TPS designation, the Secretary, after
consultation with appropriate Government agencies, may redesignate a country (or part
thereof) for TPS. See INA sec. 244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA sec.
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that “the alien has been

Public Law 107-296, 116 Stat. 2135 (2002). The Secretary may designate a country (or part of a country)
for TPS on the basis of ongoing armed conflict such that returning would pose a serious threat to the
personal safety of the country’s nationals and habitual residents, environmental disaster (including an
epidemic), or extraordinary and temporary conditions in the country that prevent the safe return of the
country’s nationals. For environmental disaster-based designations, certain other statutory requirements
must be met, including that the foreign government must request TPS. A designation based on
extraordinary and temporary conditions cannot be made if the Secretary finds that allowing the country’s
nationals to remain temporarily in the United States is contrary to the U.S. national interest. INA sec.
244(b)(1); 8 U.S.C. 1254a(b)(1).

continuously physically present since the effective date of the most recent designation of
the state”) (emphasis added).13
When the Secretary designates or redesignates a country for TPS, the Secretary
also has the discretion to establish the date from which TPS applicants must demonstrate
that they have been “continuously resid[ing]” in the United States. See INA sec.
244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
“continuous residence” date for applicants for TPS under the redesignation of Haiti will
be June 3, 2024. Initial applicants for TPS under this redesignation must also show they
have been “continuously physically present” in the United States since August 4, 2024,
which is the effective date of the Secretary's redesignation of Haiti. See INA sec.
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS application filed under
the redesignation, USCIS cannot make the final determination of whether the applicant
has met the “continuous physical presence” requirement until August 4, 2024, the
effective date of this redesignation for Haiti.
USCIS, however, will issue employment authorization documentation, as
appropriate, during the registration period in accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Haiti and simultaneously
redesignating Haiti for TPS through February 3, 2026?
DHS has reviewed country conditions in Haiti. Based on the review, including
input received from Department of State (DoS) and other U.S. Government agencies, the
Secretary has determined that an 18-month TPS extension is warranted because the
extraordinary and temporary conditions supporting Haiti’s TPS designation remain. The

The extension and redesignation of TPS for Haiti is one of several instances in which the Secretary and,
before the establishment of DHS, the Attorney General, have simultaneously extended a country's TPS
designation and redesignated the country for TPS. See, e.g., Extension and Redesignation of Haiti for
Temporary Protected Status, 76 FR 29000 (May 19, 2011); Extension and Re-designation of Temporary
Protected Status for Sudan, 69 FR 60168 (Oct. 7, 2004); Extension of Designation and Redesignation of
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 7, 1997).
Secretary has further determined that redesignating Haiti for TPS under INA section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted and is changing the continuous
residence and continuous physical presence dates that applicants must meet to be eligible
for TPS.
Overview
DHS has conducted a thorough review of country conditions in Haiti. Haiti
continues to experience simultaneous economic, security, political, and health crises.
Haitian gangs are the primary source of violence and instability in Haiti and pose an
increasing threat as they continue to escalate and expand their influence and geographic
presence over large portions of metropolitan Port-au-Prince, Haiti’s capital, as well as to
several of Haiti’s ten departments (regional administrative divisions).14 Since early
March 2024, the gangs have also attacked the capital’s primary airport and major port
terminals, and blocked roads to access the city.15 An ongoing political impasse has left
Haiti without a functioning democratically elected national government and hindered
Haiti’s ability to respond to the gang-driven violence. The political situation has
continued to worsen since the July 2021 assassination of President Jovenel Moise.16 At
the same time, Haiti struggles through a humanitarian crisis, with many citizens having
limited access to safety, healthcare, food, water, and economic opportunity. These

Edith M. Lederer, Gang violence in Haiti is escalating and spreading with a significant increase in
killings, UN says, The Associated Press, Sept. 27, 2023, available at: https://apnews.com/article/haiti-gangviolence-un-report-killings-5d3f7ff272b7303852869dfc67692a23 (last visited Apr. 29, 2024); Haiti:
Humanitarian impact of gang violence, ACAPS, June 2, 2023, available at:
https://reliefweb.int/report/haiti/acaps-briefing-note-haiti-humanitarian-impact-gang-violence-02-june-2023
(last visited Apr. 29, 2024).
15 Widlore Mérancourt and Samantha Schmidt, As gangs attack a critical port, ‘Haiti will go hungry soon’,
The Washington Post, Mar. 7, 2024, available at: https://www.washingtonpost.com/world/2024/03/07/haitigangs-port/ (last visited Apr. 29, 2024).
16 Clare Ribando Seelke and Karla I. Rios, Haiti: Recent Developments and U.S. Policy, Congressional
Research Service (CRS), Sept. 18, 2023, available at: https://sgp.fas.org/crs/row/R47394.pdf (last visited
Apr. 29, 2024).
circumstances continue to make return to Haiti dangerous for Haitian nationals living in
the United States.
Political Situation
On July 7, 2021, President Jovenel Moïse was assassinated in his private
residence in Port-au-Prince. Subsequently, Ariel Henry, whom Moïse had appointed
prime minister (PM) days before the assassination, assumed power as head of a new
government.17 In the wake of the assassination, there were ongoing efforts to create a
transitional government and eventually hold free and fair elections, but talks repeatedly
failed, with some opposition groups demanding the resignation of PM Henry as a
precondition for dialogue.18 On December 21, 2022, representatives of civil society
organizations, the private sector, and political groups created a political accord called the
“National consensus for an inclusive transition and transparent elections,” which was
supported by PM Henry.19 While dialogue to define a strategic direction for holding
elections continued, frustration has grown at the failure to hold elections over the last
three years.20 The last national elections in Haiti were held in November 2016. Since
then, the terms of 30 senators and 119 members of Haiti’s lower legislative chamber have
expired, leaving Haiti without an active national legislative body since January 2023.21

Human Rights Watch, World Report 2022 - Haiti (Jan. 13, 2022), https://www.hrw.org/worldreport/2022/country-chapters/haiti (last visited Apr. 29, 2024).
18 United Nations Integrated Office in Haiti (BINUH) - Report of the Secretary-General, UN Security
Council, p. 2, Jan. 15, 2024, available at: https://reliefweb.int/report/haiti/united-nations-integrated-officehaiti-report-secretary-general-s202462-enarruzh (last visited Feb. 26, 2024).
19 Haiti Libre, Haiti – FLASH: The PM signed a historic consensus for an inclusive transition, Dec. 22,
2022, https://www.haitilibre.com/en/news-38427-haiti-flash-the-pm-signed-a-historic-consensus-for-aninclusive-transition.html (last visited Apr. 29, 2024).
20 Final report of the Panel of Experts on Haiti, UN Security Council, p. 8, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
21 Becky Sullivan, As its only remaining elected officials depart, Haiti reaches a breaking point, National
Public Radio (NPR), Jan. 18, 2023, available at: https://www.npr.org/2023/01/18/1149556481/haiti-lastelected-official-political-crisis (last visited Apr. 29, 2024); see also Camila Domonoske, 14 Months After
Elections Began, Haiti Finally Has a President-Elect, National Public Radio (NPR), Jan. 4, 2017, available
at: https://www.npr.org/sections/thetwo-way/2017/01/04/508171191/14-months-after-elections-beganhaiti-finally-has-a-president-elect (last visited Apr. 29, 2024).
Beginning in mid-January 2024, significant protests erupted throughout Haiti,
paralyzing numerous cities.22 The protests were driven by supporters of Guy Philippe,
the leader of a 2004 rebellion against former President Jean-Bertrand Aristide in which
he masterminded multiple attacks on police stations.23 Since returning to Haiti from the
United States, Philippe has spent his time “shoring up support for his so-called
revolution.”24 Philippe is believed by some to be a destabilizing force in Haiti and the
protests have led to the closing of schools, government agencies, and private businesses
in cities throughout Haiti.25
PM Henry traveled abroad at the beginning of 2024 for international
engagements. During his travel, a series of coordinated gang attacks began against
targets in Haiti’s capital and beyond, freeing thousands of inmates and closing the main
international airport.26 PM Henry has been unable to return to Haiti. On March 6, 2024,
Jimmy “Barbecue” Cherizier, the leader of one of Haiti’s most powerful gang alliances,
the G9, warned that unless PM Henry stepped down, there would be civil war in Haiti.27
In March 2024, Caribbean Community (CARICOM) leaders, with agreement from key
Haitian stakeholders, announced that PM Henry would resign once a transitional

Supporters of former Haitian rebel leader Guy Philippe launch widespread protests, The Associated
Press, Jan. 16, 2024, available at: https://apnews.com/article/haiti-protests-guy-philippe-supportersd0e749d75b96aee0f01395a580a6dec0 (last visited Apr. 29, 2024).
23 Id.
24 Frances Robles, An Unlikely New Threat to Haiti’s Stability: An Armed Environmental Group, The New
York Times, Jan. 25, 2024, available at:
https://web.archive.org/web/20240126040146/https://www.nytimes.com/2024/01/25/world/americas/haitipolitical-instability-bsap.html (last visited Apr. 29, 2024).
25 Supporters of former Haitian rebel leader Guy Philippe launch widespread protests, The Associated
Press, Jan. 16, 2024, available at: https://apnews.com/article/haiti-protests-guy-philippe-supportersd0e749d75b96aee0f01395a580a6dec0 (last visited Apr. 29, 2024).
26 Dánica Coto, Haiti’s prime minister is locked out of his country and faces pressure to resign, The
Associated Press, Mar. 8, 2024, available at: https://apnews.com/article/haiti-prime-minister-gangs-resigne583a191a2f800bc63752220a47dec0d (last visited Apr. 29, 2024).
27 Haiti’s top gang leader warns of “civil war that will lead to genocide” unless prime minister steps down,
CBS News, Mar. 6, 2024, available at: https://www.cbsnews.com/news/haiti-gang-leader-jimmy-cherizierwarns-civil-war-genocide/ (last visited Apr. 29, 2024).
presidential council was established and an interim leader was selected.28 PM Henry
resigned in late April 2024, the day before the swearing in of a 9-member transitional
presidential council.29 The council is tasked with, among other duties, selecting an
interim prime minister, setting the agenda of a new Cabinet, appointing a provisional
electoral commission, and establishing a national security council.30
The Haitian government has long been accused of corruption and ineptitude.
“Politicians and the business elite in Haiti have historically relied on gangs to obtain and
exert power, but the [gangs] have grown more autonomous in recent years.”31 An April
2021 report by Harvard Law School’s International Human Rights Clinic alleged that the
Moïse government funneled money, weapons, uniforms, and vehicles to gangs like the
G9 in exchange for them repressing political opponents, often brutally, and maintaining
the peace in poorer neighborhoods.32 A July 2022 International Crisis Group report
stated, “[C]ollusion between state security forces and illegal armed groups has flourished
in the absence of political will to hold corrupt officers accountable and because of the

Widlore Mérancourt, Samantha Schmidt, and Amanda Coletta, Haitian prime minister says he’ll resign,
clearing way for new government, The Washington Post, Mar. 12, 2024, available at:
https://www.washingtonpost.com/world/2024/03/12/haitian-prime-minister-resign-clearing-way-newgovernment/ (last visited Apr. 29, 2024).
29 Dánica Coto, Ariel Henry resigns as prime minister of Haiti, wracked by gang violence, paving the way
for new government to take power, PBS News Hour, Apr. 25, 2024, available at:
https://www.pbs.org/newshour/world/ariel-henry-resigns-as-prime-minister-of-haiti-wracked-by-gangviolence-paving-the-way-for-new-government-to-take-power (last visited May 13, 2024); Dánica Coto,
Haiti’s new transitional council faces urgent demands for solutions amid gang violence, PBS News Hour,
Apr. 26, 2024, available at: https://www.pbs.org/newshour/world/haitis-new-transitional-council-facesurgent-demands-for-solutions-amid-gang-violence (last visited May 13, 2024).
30 Dánica Coto, Haiti’s new transitional council faces urgent demands for solutions amid gang violence,
PBS News Hour, Apr. 26, 2024, available at: https://www.pbs.org/newshour/world/haitis-new-transitionalcouncil-faces-urgent-demands-for-solutions-amid-gang-violence (last visited May 13, 2024).
31 Diego Da Rin, New Gang Battle Lines Scar Haiti as Political Deadlock Persists, International Crisis
Group (July 27, 2022), https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-linesscar-haiti-political-deadlock-persists (last visited Apr. 29, 2024).
32 Harvard Law School International Human Rights Clinic, Killing with Impunity: State-Sanctioned
Massacres in Haiti (April 2021), http://hrp.law.harvard.edu/wpcontent/uploads/2021/04/Killing_With_Impunity-1.pdf (last visited Apr. 29, 2024).
efforts of those in power to deploy the police (as well as gangs) to serve their personal
interests.”33
Allegations of corruption against members of Haiti’s government are prevalent
and its “justice system is plagued by insecurity, corruption, strikes, and political
interference.”34 A judge has accused more than 30 high-ranking officials, including
former presidents and prime ministers, of government corruption and warrants have been
issued for their arrest.35 As of January 2024, none of the accused had been arrested.36
Haitian government officials accused of criminal misconduct commonly ignore arrest
warrants and requests for questioning.37
Security Situation
Since President Moïse’s assassination, Haiti has experienced a sharp deterioration
in an already fragile security situation. Gang violence and kidnappings have spiked
throughout the country, particularly in Port-au-Prince. In the first three months of 2024,
gang violence killed or injured more than 2,500 people.38 The violence heavily affects
three of Haiti’s ten departments, with gangs having an established presence in at least six
departments.39 Gang violence continues to escalate and expand outside the capital and
other major cities including Gonaïves and Cap-Haïtien. The Ouest Department, where

Diego Da Rin, New Gang Battle Lines Scar Haiti as Political Deadlock Persists, International Crisis
Group (July 27, 2022), https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-linesscar-haiti-political-deadlock-persists (last visited Apr. 29, 2024).
34 World Report 2024 – Haiti, Human Rights Watch, Jan. 11, 2024, available at:
https://www.ecoi.net/en/document/2103219.html (last visited Apr. 29, 2024).
35 Judge in Haiti issues arrest warrants accusing former presidents and prime ministers of corruption, The
Associated Press, Jan. 8, 2024, available at: https://apnews.com/article/haiti-corruption-arrest-warrantpresidents-prime-ministers-1e2c1d0530cbca235e33ada3009acabf (last visited Apr. 29, 2024).
36 Id.
37 Id.
38 Sarah Morland, Haiti’s death toll rises as international support lags, UN report says, Reuters, Apr. 19,
2024, available at: https://www.reuters.com/world/americas/haitis-death-toll-rises-international-supportlags-un-report-says-2024-04-19/ (last visited May 13, 2024).
39 Haiti: Humanitarian impact of gang violence, ACAPS, June 2, 2023, available at:
https://reliefweb.int/report/haiti/acaps-briefing-note-haiti-humanitarian-impact-gang-violence-02-june-2023
(last visited Apr. 29, 2024).
Port-au-Prince is located, suffers from extreme insecurity from armed gang violence
against civilians, police, and infrastructure alike.40 Neighborhoods in Port-au-Prince that
were previously relatively safe from the gangs have recently seen an alarming expansion
of gang influence, including in Carrefour-Feuilles, Solino, Bon Repos, Mariani, and
Léogâne.41 A September 2023 final report from a panel of experts from the United
Nations found that gangs controlled or influenced over 80 percent of the Port-au-Prince
metropolitan area, while they committed incursions in the remaining 20 percent in which
they carried out murders, kidnappings, robberies, and various other crimes.42 In early
March 2024, gangs attacked police stations and stormed two prisons in and around Portau-Prince, allowing more than 4,700 inmates to escape.43 Haiti’s government declared a
72-hour state of emergency.44 Following the initial attacks, the gangs blocked the roads
leading to Port-au-Prince and attacked the city’s main airport.45 On March 6, the gangs
attacked the primary port terminal, forcing the terminal to close indefinitely, threatening
Haiti’s food supply and cutting off deliveries of medical supplies.46 In response, the
Haitian government extended the state of emergency until April 3 in Port-au-Prince and

United Nations Integrated Office in Haiti (BINUH) - Report of the Secretary-General, UN Security
Council, p.3, Jan. 15, 2024, available at: https://reliefweb.int/report/haiti/united-nations-integrated-officehaiti-report-secretary-general-s202462-enarruzh (last visited Apr. 29, 2024).
41 Id.
42 Final report of the Panel of Experts on Haiti, UN Security Council, p.14, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
43 Gangs in Haiti try to seize control of main airport as thousands escape prisons: “Massacring people
indiscriminately,” CBS News, Mar. 5, 2024, available at: https://www.cbsnews.com/news/haiti-gangs-tryto-seize-airport-thousands-inmates-escape-prisons-state-of-emergency/ (last visited Apr. 29, 2024).
44 Henri Astier and Gianluca Avagnina, Haiti violence: Haiti gangs demand PM resign after mass jailbreak,
BBC, March 4, 2024, available at: bbc.com/news/world-latin-america-68462851 (last visited Apr. 29,
2024).
45 Widlore Mérancourt and Samantha Schmidt, As gangs attack a critical port, ‘Haiti will go hungry soon’,
The Washington Post, Mar. 7, 2024, available at: https://www.washingtonpost.com/world/2024/03/07/haitigangs-port/ (last visited Apr. 29, 2024).
46 Id.
Haiti’s Ouest Department.47 Due to the escalating violence in neighborhoods
surrounding the U.S. Embassy in Haiti and the attack on the airport, the U.S. military
evacuated all non-essential Embassy personnel by airlift on Saturday, March 9, and
Sunday, March 10.48 The coordinated gang attacks that began on February 29 have
displaced over 15,000 people from their homes in Port-au-Prince.49
There are approximately 200 groups associated with seven major gang coalitions
across Haiti, and the majority of armed groups operate in metropolitan Port-au-Prince.50
“Many of Haiti’s gangs have coalesced around two main alliances:” the G9 and the
GPèp.51 “Gangs have decapitated opponents in public, burnt corpses on the street, set fire
to houses and used sexual violence to intimidate residents out of collaborating with their
rivals.”52 Many of these groups employ heavy armaments in their activities, and they
frequently use handguns and assault weapons.53
Reported homicides increased significantly in 2023, by 119.4 percent from 2022,
while reported kidnappings also increased significantly in 2023, by 83 percent from
2022.54 Since the start of 2024, gangs have launched assaults against entire

Harold Isaac and Sarah Morland, Haiti healthcare near collapse, says UN, as state of emergency
extended, Reuters, Mar. 8, 2024, available at: https://www.reuters.com/world/americas/haiti-extends-stateemergency-pm-absent-2024-03-07/ (last visited Apr. 29, 2024).
48 Emily Mae Czachor, U.S. military airlifts embassy staff from Port-au-Prince amid Haiti’s escalating gang
violence, CBS News, Mar. 11, 2024, available at: https://www.cbsnews.com/news/us-military-airliftsevacuation-staff-embassy-port-au-prince-haiti-gang-violence/ (last visited Apr. 29, 2024).
49 Evans Sanon and Dánica Coto, Violence is battering Haiti’s fragile economy and causing food and water
shortages, The Associated Press, Mar. 9, 2024, available at: https://apnews.com/article/haiti-violencegangs-food-economy-092a20f037b48a8e1837a4e6424cf571 (last visited Apr. 29, 2024).
50 United Nations Integrated Office in Haiti (BINUH) – Report of the Secretary-General, UN Security
Council, p.6, Apr. 14, 2023, available at:
https://binuh.unmissions.org/sites/default/files/sg_report_on_binuh_14_april_2023.pdf (last visited Apr. 29,
2024).
51 Diego Da Rin, New Gang Battle Lines Scar Haiti as Political Deadlock Persists, International Crisis
Group (July 27, 2022), https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-linesscar-haiti-political-deadlock-persists (last visited Apr. 29, 2024).
52 Id.
53 United Nations Integrated Office in Haiti (BINUH) – Report of the Secretary-General, UN Security
Council, p.6, Apr. 14, 2023, available at:
https://binuh.unmissions.org/sites/default/files/sg_report_on_binuh_14_april_2023.pdf (last visited Apr. 29,
2024).
54 Id. at p.3.
neighborhoods in Port-au-Prince. Automatic gunfire and burning barricades trapped
residents of the Solino neighborhood in their homes in mid-January 2024.55 The Solino
neighborhood, home to many police officers, is regarded as a gateway to access other
neighborhoods such as Canapé Vert that have remained relatively safe to this point.56
Similar attacks began in the Gabelliste neighborhood in early January 2024.57 Armed
attacks in the neighborhoods of Carrefour, Cité Soleil, and Tabarre that began on
February 5 have displaced almost 10,000 people from those areas.58
In response to the gang violence and escalating insecurity plaguing much of Haiti,
as well as the lack of prosecutions and convictions relating to the violence leading to a
sense of impunity, a movement known as Bwa Kale began in April 2023.59 This
movement is driven by anti-gang vigilantes who have armed themselves with improvised
weapons and hunted down and killed suspected gang members, often burning their bodies
in the aftermath.60
Vigilante groups had been active in Haiti prior to April 2023, but a rumored largescale attack to be carried out by gang members in Port-au-Prince led to a major incident
involving vigilantes. Police intercepted a mini-bus of suspected gang members carrying

Haiti: residents trapped as armed gangs target key pocket of Port-au-Prince, The Guardian, Jan. 18, 2024,
available at: https://www.theguardian.com/world/2024/jan/18/haiti-residents-trapped-port-au-prince-gangs
(last visited Apr. 29, 2024).
56 ‘It’s very scary now:’ Fear grips Haiti’s Port-au-Prince amid gang violence, Al Jazeera, Jan. 19, 2024,
available at: https://www.aljazeera.com/gallery/2024/1/19/fear-grips-haitis-port-au-prince-amid-gangviolence (last visited Apr. 29, 2024).
57 United Nations - International Organization for Migration, Haiti – Emergency Tracking Tool –
Dashboard #34, Displacement following attacks in Solino and Gabelliste – Municipality of Port-au-Prince,
(Jan. 18, 2024), https://dtm.iom.int/reports/haiti-emergency-tracking-tool-34-displacement-followingattacks-solino-and-gabelliste (last visited Apr. 29, 2024).
58 United Nations - International Organization for Migration, Haiti – Emergency Tracking Tool –
Dashboard #37.1, Updates on displacement following attacks in Carrefour, Cité Soleil and Tabarre (Feb.
13, 2024), https://dtm.iom.int/reports/haiti-emergency-tracking-tool-371-updates-displacement-followingattacks-carrefour-cite?close=true (last visited Apr. 29, 2024).
59 Final report of the Panel of Experts on Haiti, UN Security Council, p. 3, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
60 Id. ; Henry Shuldiner, Haiti’s Anti-Gang Vigilantes May Pose Future Criminal Threat, InSight Crime,
May 9, 2023, available at: https://insightcrime.org/news/bwa-kale-vigilante-movement-challenging-haitisgangs/ (last visited Apr. 29, 2024).
weapons in the Canapé Vert neighborhood of Port-au-Prince.61 A large crowd
surrounded the mini-bus, pelting the suspected gang members with stones and setting
several of them on fire while they were still alive.62 Thirteen people were killed.63
Footage of the attack spread widely on social media and inspired additional attacks.64
Lynchings were reported in Port-au-Prince in the following days.65 Increasing numbers
of people joined vigilante groups to defend themselves and their neighborhoods from
gang attacks.66 In April 2023 alone, 164 cases of mob killings and lynchings of
suspected gang members were reported.67
Reports suggest collaboration between some vigilante groups and Haitian security
forces, and that current or former Haitian police officers have participated in the vigilante
violence.68 At times, they may have also shared their weapons with the vigilante
groups.69 In response, the gangs have mounted their own movement to retaliate against
the vigilante groups, called Zam Pale.70 The offensive by the various vigilante groups
lasted only a few months before gangs resumed their push into new territory. However,
some vigilante groups remain active.71
Haitian law enforcement has been unable to cope with the level of gang violence

Diego Da Rin, Haitians Turn to Mob Justice as the Gang Threat Festers, International Crisis Group, Jul.
3, 2023, available at: https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justicegang-threat-festers (last visited Apr. 29, 2024).
62 Id.
63 Id.
64 Id.
65 Id.
66 Id.
67 Id.
68 Id.
69 Id.
70 Final report of the Panel of Experts on Haiti, UN Security Council, p. 17, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
71 Haiti’s Gangs: Can a Foreign Mission Break Their Stranglehold?, International Crisis Group, Jan. 5,
2024, available at: https://www.crisisgroup.org/latin-america-caribbean/haiti/b49-haitis-gangs-can-foreignmission-break-their-stranglehold (last visited Apr. 29, 2024).
due to a failure to expand the size of the Haitian National Police or sufficiently improve
its operational capabilities.72 The gangs, meanwhile, have expanded their arsenals and
upgraded their firepower, hindering the Haitian National Police’s ability to effectively
fight them.73 According to remarks delivered in April 2023 by the UN Special
Representative of the Secretary-General for Haiti, María Isabel Salvador, the Haitian
National Police are down from 14,772 personnel to about 13,200 personnel of whom only
approximately 9,000 are police officers. However, only 3,500 police officers are on
active duty throughout the entire country at any one time.74 In just the first half of 2023,
gang members attacked multiple police stations, murdered 29 police officers, and posted
grisly pictures of the deceased on social media.75
Haiti’s government requested international help in late 2022 to aid the Haitian
National Police in combatting gang violence.76 A Multinational Security Support (MSS)
mission was authorized by the United Nations Security Council in United Nations
Security Council Resolution 2699.77 The mandate for the MSS mission is to provide
operational support to the Haitian National Police, including through capacity building,
and to support the Haitian National Police in providing security for critical

Diego Da Rin, Haitians Turn to Mob Justice as the Gang Threat Festers, International Crisis Group, Jul.
3, 2023, available at: https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justicegang-threat-festers (last visited Apr. 29, 2024).
73 Final report of the Panel of Experts on Haiti, UN Security Council, p. 3, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
74 María Isabel Salvador (BINUH) on the question concerning Haiti – Security Council, 9311th meeting
(Apr. 26, 2023), available at: https://webtv.un.org/en/asset/k1d/k1dtg6n2jc (last visited Apr. 29, 2024).
75 Diego Da Rin, Haitians Turn to Mob Justice as the Gang Threat Festers, International Crisis Group, Jul.
3, 2023, available at: https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justicegang-threat-festers (last visited Apr. 29, 2024).
76 Reuters, Explainer: Why did the UN vote to send an international force to Haiti? (Oct. 2, 2023), available
at: https://www.reuters.com/world/americas/why-did-un-vote-send-an-international-force-haiti-2023-10-02/
(last visited Apr. 29, 2024).
77 United Nations Security Council, Resolution 2699, Oct. 2, 2023, available at:
https://digitallibrary.un.org/record/4022890?ln=en&v=pdf (last visited Apr. 29, 2024).
infrastructure.78 However, to date, the multinational armed force has not deployed to
Haiti.79
Environmental Situation
Several recent environmental disasters have contributed to the extraordinary and
temporary conditions in Haiti. On August 14, 2021, a 7.2 magnitude earthquake hit the
southern region of Haiti, killing more than 2,200 people, injuring 12,700 people,
destroying 130,000 homes, and leaving thousands of people in immediate need of aid.80
Only a few days later, Tropical Storm Grace resulted in floods and landslides in the same
departments affected by the earthquake, in addition to Sud-Est.81 Some healthcare
facilities have still not been rebuilt since the August 2021 earthquake.82 Worldwide,
“Haiti remains one of the most vulnerable countries” to natural disasters, predominately
including hurricanes, floods, and earthquakes.83 Over 96 percent of Haitians are
vulnerable to these disasters.84 Widespread deforestation has left the country especially
prone to flooding and mudslides, and Haiti being situated on a geographical fault line
makes it more susceptible to natural disasters in general as compared to the majority of

Ambassador Robert Wood, Remarks at a UN Security Council Briefing on Haiti, United States Mission
to the United Nations, Apr. 22, 2024, available at: https://usun.usmission.gov/remarks-at-a-un-securitycouncil-briefing-on-haiti11/#:~:text=This%20mission%20seeks%20to%20build,and%20communities%20to%20build%20trust. (last
visited Apr. 29, 2024).
79 What’s going on with the planned international mission to Haiti?, Reuters, Apr. 26, 2024, available at:
https://www.reuters.com/world/americas/haitis-prime-minister-called-international-security-support-whoanswered-2024-03-05/ (last visited Apr. 29, 2024).
80 UNICEF, Massive earthquake leaves devastation in Haiti (last updated Oct. 4, 2021),
https://www.unicef.org/emergencies/massivEdite-earthquake-devastation-haiti (last visited Apr. 29, 2024).
81 FAO, Haiti: Urgent call for funding (September 2021 – May 2022) – Emergency response to households
affected by the earthquake and Tropical Storm Grace (Sept. 10, 2021),
https://reliefweb.int/report/haiti/haiti-urgent-call-funding-september-2021-may-2022-emergency-responsehouseholds (last visited Apr. 29, 2024).
82 Luke Taylor, ‘We have no time to heal’: floods followed by earthquake heap more trauma on Haiti, The
Guardian, available at: https://www.theguardian.com/global-development/2023/jul/11/we-have-no-time-toheal-floods-followed-by-earthquake-heap-more-trauma-on-haiti (last visited Apr. 29, 2024).
83 The World Bank in Haiti, The World Bank, Oct. 26, 2023, available at:
https://www.worldbank.org/en/country/haiti/overview (last visited Apr. 29, 2024).
84 The World Bank in Haiti, The World Bank, Oct. 26, 2023, available at:
https://www.worldbank.org/en/country/haiti/overview (last visited Apr. 29, 2024).
other Caribbean countries.85 In 2023, smaller but still significant storms and flooding
destroyed over 13,000 homes and cut off roads between communities.86 In June 2023, a
4.4 magnitude earthquake and 5.5 magnitude earthquake hit Haiti’s west coast only two
days apart causing the deaths of at least four people while destroying homes, blocking
roads, and overwhelming healthcare facilities.87
Humanitarian Situation
Haiti has one of the highest levels of chronic food insecurity in the world with
more than half of its total population chronically food insecure and 22 percent of children
chronically malnourished, according to the World Food Programme.88 As of September
2023, the total number of people in acute food insecurity stood at 4.35 million people,
including 1.4 million people in the “emergency” phase on the World Food Program’s
(WFP) Integrated Food Security Classification Index.89
A 2024 BINUH report found that the security crisis has led to disruptions in the
market supply chain, contributing to the high level of food insecurity.90 Gangs that
control the main roads between cities and departments charge increasingly high fees to

Council on Foreign Relations, Haiti’s Troubled Path to Development (Sept. 17, 2021),
https://www.cfr.org/backgrounder/haitis-troubled-path-development (last visited Apr. 29, 2024).
86 Haiti - Severe weather, floods and landslides, European Commission's Directorate-General for European
Civil Protection and Humanitarian Aid Operations, Jun. 6, 2023, available at:
https://reliefweb.int/report/haiti/haiti-severe-weather-floods-and-landslides-haiti-civil-protection-noaa-cpcecho-daily-flash-06-june-2023 (last visited Apr. 29, 2024).
87 Luke Taylor, ‘We have no time to heal’: floods followed by earthquake heap more trauma on Haiti, The
Guardian, available at: https://www.theguardian.com/global-development/2023/jul/11/we-have-no-time-toheal-floods-followed-by-earthquake-heap-more-trauma-on-haiti (last visited Apr. 29, 2024). UN, Haiti:
UN deeply saddened as latest earthquake kills three, in wake of floods, available at
https://news.un.org/en/story/2023/06/1137407 (last visited Apr. 29, 2024).
88 Haiti Country Brief, World Food Programme (WFP), Nov. 2023, available at:
https://docs.wfp.org/api/documents/WFP0000155417/download/?_ga=2.249432451.544473126.1706236500-581114880.1706236500 (last visited
Apr. 29, 2024).
89 Haiti Country Brief, World Food Programme (WFP), Nov. 2023, available at:
https://docs.wfp.org/api/documents/WFP0000155417/download/?_ga=2.249432451.544473126.1706236500-581114880.1706236500 (last visited
Apr. 29, 2024).
90 United Nations Integrated Office in Haiti - Report of the Secretary-General, UN Security Council, p.12,
Jan. 15, 2024, available at: https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-reportsecretary-general-s202462-enarruzh (last visited Apr. 29, 2024).
allow vehicles transporting food, as well as other goods, to pass unharmed.91 The global
rise in food prices, depreciation of the Haitian currency, and other restrictions on internal
movement of goods in Haiti have, along with the security crisis, contributed to the high
food prices and general shortage of food.92
The Pan-American Health Organization and the Haitian government reported a
new cholera outbreak in October 2022.93 As of November 15, 2022 there had been 8,146
hospitalized suspected cases and 821 confirmed cases of cholera, resulting in 188
deaths.94 As of September 2023, the World Health Organization found that a continued
lack of access to clean water sources contributed to the spread of the disease.95 As of
January 2024, an estimated 73,000 Haitians were confirmed or suspected to have cholera
across all 10 departments of Haiti.96 Human Rights Watch also estimated that as of
January 2024, only 55 percent of Haitian households could access safe drinking water
while two-thirds of Haitians had limited or no access to sanitation services.97 The recent
closure of some hospitals and reduced availability of ambulance services, in addition to
the generally poor health condition of the entire population (due, at least in part, to

Id.
Tanvi Nagpal, No Easy Solutions: Understanding the Scale of the Humanitarian Crisis in Haiti, Center
for Strategic & International Studies (CSIS), Dec. 12, 2023, https://www.csis.org/analysis/no-easysolutions-understanding-scale-humanitarian-crisis-haiti (last visited Apr. 29, 2024).
93 Widlore Mérancourt, Kelly Kasulis Cho, and Amanda Coletta, The Washington Post, Cholera Resurfaces
in Haiti as gangs hinder access to water, hospitals, Oct. 3, 2022,
https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/ (last visited Apr.
29, 2024).
94 Pan American Health Organization, Cholera Outbreak in Hispaniola, Situation Report #6, Nov. 17,
2022, https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6 (last visited
Apr. 29, 2024).
95 Haïti Health Cluster: Navigating a Multifaceted Humanitarian Crisis, World Health Organization
(WHO), Sept. 5, 2023, available at: https://healthcluster.who.int/newsroom/news/item/05-09-2023-haitihealth-cluster-navigating-a-multifaceted-humanitarian-crisis (last visited Apr. 29, 2024).
96 United Nations Integrated Office in Haiti - Report of the Secretary-General, UN Security Council, p.13,
Jan. 15, 2024, available at: https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-reportsecretary-general-s202462-enarruzh (last visited Apr. 29, 2024).
97 World Report 2024 – Haiti, Human Rights Watch, Jan. 11, 2024, available at:
https://www.ecoi.net/en/document/2103219.html (last visited Apr. 29, 2024).
91
significant malnutrition), has led to more significant likelihood of severe disease and
death for those Haitians who contract cholera.98
Haiti lacks the healthcare resources to effectively respond to the cholera outbreak.
Gangs control or have influence over almost half of all hospitals in the Port-au-Prince
metropolitan area, with attacks on patients, staff, and facilities forcing some to close.99
Shootings, robberies, and kidnappings of doctors and nurses have been reported.100 For
example, in a June 2023 attack on a hospital in Ouest department, six hospital security
personnel were kidnapped and “vehicles, a generator, solar panels, and various medical
supplies and equipment” were stolen.101 After an attack on a convoy of ambulances for
Medecins Sans Frontiers (MSF) in December 2023 that killed a patient, MSF suspended
their work at the Turgeau emergency center.102 Human Rights Watch stated that it is
estimated that three-quarters of Haiti’s healthcare facilities lack adequate medical
supplies and sufficient trained personnel as the security crisis has led to a mass exodus of
health workers in recent years.103
Economic Situation
Amidst the political, security, and environmental crises, Haiti’s economy has been
decimated and threatens the future of the country. Many children are not able to attend

Haiti  Earthquake and Cholera Outbreak - Emergency Appeal No. MDRHT018 - Operation update #6,
International Federation of Red Cross and Red Crescent Societies (IFRC), Nov. 3, 2023, available at:
https://reliefweb.int/report/haiti/haiti-earthquake-and-cholera-outbreak-emergency-appeal-no-mdrht018operation-update-6 (last visited Apr. 29, 2024).
99 Final report of the Panel of Experts on Haiti, UN Security Council, p. 145, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
100 Id.
101 Id.
102 MSF suspends work in Haiti emergency centre after armed group kills patient, Al Jazeera, Dec. 15,
2023, available at: https://www.aljazeera.com/news/2023/12/15/msf-suspends-work-at-hatian-hospitalafter-armed-group-kill-patient (last visited Apr. 29, 2024).
103 World Report 2024 – Haiti, Human Rights Watch, Jan. 11, 2024, available at:
https://www.ecoi.net/en/document/2103219.html (last visited Apr. 29, 2024).
school.104 Haiti is one of the poorest countries in the world, and it remains the poorest in
Latin America and the Caribbean.105 The economy has contracted for five straight years,
from 2019 through 2023.106 With prices increasing 53 percent year-on-year as of early
2023, inflation in Haiti is among the ten highest in the world.107 Previous gains in the
reduction of poverty have been undone with two-thirds of households reporting a
reduction in their income in March 2023.108 On the UN’s Human Development Index,109
Haiti ranked 158 out of 191 countries in 2022.110
In summary, Haiti is experiencing extraordinary and temporary conditions
resulting from grave insecurity and gang crime, as well as socio-economic and
humanitarian conditions, including those resulting from environmental disasters
aggravating food insecurity.
Based on this review and after consultation with appropriate U.S. Government
agencies, the Secretary has determined that:
•

The conditions supporting Haiti’s designation for TPS continue to be met. See
INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).

Final report of the Panel of Experts on Haiti, UN Security Council, pp. 2-3, Sept. 15, 2023, available at:
https://www.securitycouncilreport.org/un-documents/document/s-2023-674.php (last visited Apr. 29,
2024).
105 World Bank, The World Bank in Haiti Overview (last updated Oct. 26, 2023),
https://www.worldbank.org/en/country/haiti/overview (last visited Apr. 29, 2024).
106 Haiti – Recession: Haiti’s economy in free fall, -10.5% of GDP in total over 5 years, Haiti Libre, Jan. 3,
2024, available at: https://www.haitilibre.com/en/news-41354-haiti-recession-haiti-s-economy-in-freefall105-of-gdp-in-total-over-5-years.html (last visited Apr. 29, 2024).
107 Johnny Wood, These countries have been the hardest hit by food price inflation, World Economic
Forum, Feb. 21, 2023, available at: https://www.weforum.org/agenda/2023/02/countries-hit-by-foodprices-inflation-cost-of-living-crisis/ (last visited Apr. 29, 2024).
108 World Bank, The World Bank in Haiti Overview (last updated Oct. 26, 2023),
https://www.worldbank.org/en/country/haiti/overview (last visited Apr. 29, 2024).
109 The Human Development Index (HDI) is a summary measure of average achievement in key
dimensions of human development: a long and healthy life, being knowledgeable and have a decent
standard of living. The latest 2024 HDI report contains data for 2022. See UN Development Programme
(UNDP), Human Development Index (HDI) (last visited Apr. 29, 2024), https://hdr.undp.org/datacenter/human-development-index#/indicies/HDI.
110 World Bank, The World Bank in Haiti Overview (last updated Oct. 26, 2023),
https://www.worldbank.org/en/country/haiti/overview (last visited Apr. 29, 2024); UNDP, Human
Development Index (HDI) (last visited Apr. 29, 2024), https://hdr.undp.org/data-center/humandevelopment-index#/indicies/HDI.
•

There continue to be extraordinary and temporary conditions in Haiti that prevent
Haitian nationals (or individuals having no nationality who last habitually resided
in Haiti) from returning to Haiti in safety, and it is not contrary to the national
interest of the United States to permit Haitian TPS beneficiaries to remain in the
United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).

•

The designation of Haiti for TPS should be extended for an 18-month period,
beginning on August 4, 2024, and ending on February 3, 2026. See INA sec.
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

•

Due to the conditions described above, Haiti should be simultaneously extended
and redesignated for TPS beginning on August 4, 2024, and ending on February
3, 2026. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and
(b)(2).

•

For the redesignation, the Secretary has determined that TPS applicants must
demonstrate that they have continuously resided in the United States since June 3,
2024.

•

Initial TPS applicants under the redesignation must demonstrate that they have
been continuously physically present in the United States since August 4, 2024,
the effective date of the redesignation of Haiti for TPS.

•

There are approximately 214,000 current Haiti TPS beneficiaries who are eligible
to re-register for TPS under the extension.

It is estimated that approximately 309,000 additional individuals may be eligible for TPS
under the redesignation of Haiti. This population includes Haitian nationals in the United
States in nonimmigrant status or without immigration status.
Notice of the Designation of Haiti for TPS
By the authority vested in me as Secretary under INA section 244, 8 U.S.C.
1254a, I have determined, after consultation with the appropriate U.S. Government

agencies, the statutory conditions supporting Haiti’s designation for TPS on the basis of
extraordinary and temporary conditions are met, and it is not contrary to the national
interest of the United States to allow Haitian TPS beneficiaries to remain in the United
States temporarily. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and
(b)(2). On the basis of this determination, I am simultaneously extending the existing
designation of Haiti for TPS for 18 months, beginning on August 4, 2024, and ending on
February 3, 2026, and redesignating Haiti for TPS for the same 18-month period. See
INA sec. 244(b)(1) and (b)(2); 8 U.S.C. 1254a(b)(1), and (b)(2).


Alejandro N. Mayorkas,
Secretary,
U.S. Department of Homeland Security.

Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees to register or re-register for
TPS:
To register or re-register for TPS based on the designation of Haiti, you must
submit a Form I-821. If you are submitting an initial TPS application, you must pay the
application fee for Form I-821 (or request a fee waiver, which you may submit on Form
I-912, Request for Fee Waiver). If you are filing an application to re-register for TPS,
you do not need to pay the application fee. Whether you are registering as an initial
applicant or re-registering, you are required to pay the biometric services fee. If you
cannot pay the biometric services fee, you may ask USCIS to waive the fee. Please see
additional information under the “Biometric Services Fee” section of this notice.
TPS beneficiaries are eligible for an Employment Authorization Document
(EAD), which proves their authorization to work in the United States. You are not
required to submit Form I-765 or have an EAD to be granted TPS, but see below for
more information if you want an EAD to use as proof that you can work in the United
States.
Individuals who have a Haiti TPS application (Form I-821) that was still pending
as of [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] do not need
to file the application again. If USCIS approves an individual’s Form I-821, USCIS will
grant the individual TPS through February 3, 2026.
For more information on the application forms and fees for TPS, please visit the
USCIS TPS webpage at https://www.uscis.gov/tps. Fees for the Form I-821, the Form I765, and biometric services are also described in 8 CFR 106.2 and the fee waiver-related
regulations in 8 CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule, provides
the current fees required for the Form I-821 and Form I-765 for both initial TPS
applicants and existing TPS beneficiaries who are re-registering.

How Can TPS Beneficiaries Obtain an Employment Authorization Document
(EAD)?
Everyone must provide their employer with documentation showing that they
have the legal right to work in the United States. TPS beneficiaries are eligible to obtain
an EAD, which proves their legal right to work. If you want to obtain an EAD, you must
file Form I-765 and pay the Form I-765 fee (or request a fee waiver, which you may
submit on Form I-912). TPS applicants may file this form with their TPS application, or
separately later, if their TPS application is still pending or has been approved.
Beneficiaries with a Haiti TPS-related Form I-765 that was still pending as of
[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] do not need to
file the application again. If USCIS approves a pending TPS-related Form I-765, USCIS
will issue the individual a new EAD that will be valid through February 3, 2026.

Refiling an Initial TPS Registration Application after Receiving a Denial of a Fee
Waiver Request
If USCIS denies your fee waiver request, you can resubmit your TPS application.
The fee waiver denial notice will contain specific instructions about resubmitting your
application.
Filing Information
USCIS offers the option to applicants for TPS to file Form I-821 and related
requests for EADs online or by mail. However, if you request a fee waiver, you must
submit your application by mail. When filing a TPS application, you can also request an
EAD by submitting a completed Form I-765 with your Form I-821.

Online filing: Form I-821 and Form I-765 are available for concurrent filing online.111
To file these forms online, you must first create a USCIS online account.112
Mail filing: Mail your completed Form I-821; Form I-765, if applicable; Form I-912, if
applicable; and supporting documentation to the proper address in Table 1 – Mailing
Addresses.
Table 1-Mailing Addresses
If…
Mail to…
You live in Florida, and you are using the USCIS
U.S. Postal Service (USPS):
Attn: TPS Haiti
P.O. Box 660167
Dallas, TX 75266-0167
You live in Florida, and you are using
FedEx, UPS, or DHL:

USCIS
Attn: TPS Haiti (Box 660167)
2501 S. State Highway, 121
Business Suite 400
Lewisville, TX 75067-8003

You live in Massachusetts or New York,
and you are using the U.S. Postal Service
(USPS):

USCIS
Attn: TPS Haiti
P.O. Box 4091
Carol Stream, IL 60197-4091

You live in Massachusetts or New York,
and you are using FedEx, UPS, or DHL:

USCIS
Attn: TPS Haiti (Box 4091)
2500 Westfield Drive
Elgin, IL 60124-7836

You live in any other state or territory,
and you are using the U.S. Postal Service
(USPS):

USCIS
Attn: TPS Haiti
P.O. Box 24047
Phoenix, AZ 85074-4047

You live in any other state or territory,
and you are using FedEx, UPS, or DHL:

USCIS
Attn: TPS Haiti (Box 24047)
2108 East Elliot Road
Tempe, AZ 85284-1806

Find information about online filing at “Forms Available to File Online,” https://www.uscis.gov/fileonline/forms-available-to-file-online.
112 https://myaccount.uscis.gov/users/sign_up.
If you were granted TPS by an immigration judge (IJ) or the Board of
Immigration Appeals (BIA) and you wish to request an EAD, please file online or mail
your Form I-765 to the appropriate address in Table 1. If you file online, please include
the fee. If you file by mail, please include the fee or fee waiver request. When you
request an EAD based on an IJ or BIA grant of TPS, please include with your application
a copy of the order from the IJ or BIA granting you TPS. This will help us verify your
grant of TPS and process your application.
Supporting Documents
The filing instructions for Form I-821 list all the documents you need to establish
eligibility for TPS. You may also find information on the acceptable documentation and
other requirements for applying (also called registering) for TPS on the USCIS website at
https://www.uscis.gov/tps under “Haiti.”
Travel
TPS beneficiaries may also apply for and be granted travel authorization as a
matter of discretion. You must file for travel authorization if you wish to travel outside
of the United States. If USCIS grants travel authorization, it gives you permission to
leave the United States and return during a specific period. To request travel
authorization, you must file Form I-131, available at https://www.uscis.gov/i-131. You
may file Form I-131 together with your Form I-821 or separately. When you file Form I131, you must:
•

Select Item Number 1.d. in Part 2 on the Form I-131; and

•

Submit the fee for Form I-131, or request a fee waiver, which you may submit on
Form I-912.
If you are filing Form I-131 together with Form I-821, send your forms to the

address listed in Table 1. If you are filing Form I-131 separately based on a pending or

approved Form I-821, send your form to the address listed in Table 2 and include a copy
of Form I-797 for your approved or pending Form I-821.
Table 2- Mailing Addresses
If you are…

Mail to…

Filing Form I-131 together with Form I-821

The address provided in Table 1.

Filing Form I-131 based on a pending or
approved Form I-821, and you are using the
U.S. Postal Service (USPS):

USCIS
Attn: I-131 TPS
P.O. Box 660167
Dallas, TX 75266-0867

You must include a copy of the Notice of
Action (Form I-797C or I-797) showing
USCIS accepted or approved your Form I821.
Filing Form I-131 based on a pending or
approved Form I-821, and you are using
FedEx, UPS, or DHL:
You must include a copy of the Notice of
Action (Form I-797C or I-797) showing
USCIS accepted or approved your Form I821.

USCIS
Attn: I-131 TPS
2501 S. State Hwy. 121 Business
Ste. 400
Lewisville, TX 75067

Biometric Services Fee for TPS:
Biometrics (such as fingerprints) are required for all applicants, in addition to a
biometric services fee. As previously stated, if you cannot pay the biometric services fee,
you may request a fee waiver, which you may submit on Form I-912. For more
information on the application forms and fees for TPS, please visit the USCIS TPS
webpage at https://www.uscis.gov/tps. USCIS may require you to visit an Application
Support Center to have your biometrics collected. For additional information on the
USCIS biometric screening process, please see the USCIS Customer Profile Management
Service Privacy Impact Assessment, available at
https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-servicecpms.

General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and EAD
request?
To get case status information about your TPS application, as well as the status of
your TPS-based EAD request, you can check Case Status Online at https://uscis.gov or
visit the USCIS Contact Center at https://www.uscis.gov/contactcenter. If you still need
assistance, you may ask a question about your case online at https://egov.uscis.gov/erequest/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Am I eligible to receive an automatic extension of my current EAD through August
3, 2025, through this Federal Register notice?
Yes. Regardless of your country of birth, if you currently have a Haiti TPS-based
EAD with the notation A-12 or C-19 under Category and a “Card Expires” date of
August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021,
January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017, this
Federal Register notice automatically extends your EAD through August 3, 2025.
Although this Federal Register notice automatically extends your EAD through August
3, 2025, you must timely re-register for TPS in accordance with the procedures described
in this Federal Register notice to maintain your TPS and avoid possible gaps in your
employment authorization documentation.
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on Form I-9, Employment
Eligibility Verification, as well as the Acceptable Documents webpage at
https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete
Form I-9 to verify the identity and employment authorization of all new employees.

Within three business days of hire, employees must present acceptable documents to their
employers as evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence of both
identity and employment authorization) or one document from List B (which provides
evidence of your identity) together with one document from List C (which provides
evidence of employment authorization), or you may present an acceptable receipt as
described in these lists. Employers may not reject a document based on a future
expiration date. You can find additional information about Form I-9 on the I-9 Central
webpage at https://www.uscis.gov/I-9Central. An EAD is an acceptable document under
List A. See the section “How do my employer and I complete Form I-9 using my
automatically extended EAD for a new job?” of this Federal Register notice for more
information. If your EAD states A-12 or C-19 under Category and has a “Card Expires”
date of August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4,
2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22,
2017, this Federal Register notice extends it automatically, and you may choose to
present your EAD to your employer as proof of identity and employment eligibility for
Form I-9 through August 3, 2025, unless your TPS has been withdrawn or your request
for TPS has been denied. Your country of birth noted on the EAD does not have to
reflect the TPS-designated country of Haiti for you to be eligible for this extension.
What documentation may I present to my employer for Form I-9 if I am already
employed but my current TPS-related EAD is set to expire?
Even though we have automatically extended your EAD, your employer is
required by law to ask you about your continued employment authorization. Your
employer may need to reexamine your automatically extended EAD to check the “Card
Expires” date and Category code if your employer did not keep a copy of your EAD

when you initially presented it. Once your employer has reviewed the “Card Expires”
date and Category code, they should update the EAD expiration date in Section 2 of Form
I-9. See the section “What updates should my current employer make to Form I-9 if my
EAD has been automatically extended?” of this Federal Register notice for more
information. You may show this Federal Register notice to your employer to explain
what to do for Form I-9 and to show that USCIS has automatically extended your EAD
through August 3, 2025, but you are not required to do so. The last day of the automatic
EAD extension is August 3, 2025. Before you start work on August 4, 2025, your
employer is required by law to reverify your employment authorization on Form I-9. By
that time, you must present any document from List A or any document from List C on
Form I-9 Lists of Acceptable Documents, or an acceptable List A or List C receipt
described in these lists to reverify employment authorization.
Your employer may not specify which List A or List C document you must
present and cannot reject an acceptable receipt.
If I have an EAD based on another immigration status, can I obtain a new TPSbased EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based EAD, even if
you already have an EAD or work authorization based on another immigration status. If
you want to obtain a new TPS-based EAD valid through February 3, 2026, you must file
Form I-765 and pay the associated fee (unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation to complete Form
I-9, such as evidence of my status, proof of my Haitian citizenship, or a Form I-797C
showing that I registered for TPS?
No. When completing Form I-9, employers must accept any documentation you
choose to present from the Form I-9 Lists of Acceptable Documents that reasonably
appears to be genuine and that relates to you, or an acceptable List A, List B, or List C

receipt. Employers may not request other documentation, such as proof of Haitian
citizenship or proof of registration for TPS, when completing Form I-9 for new hires or
reverifying the employment authorization of current employees. If you present an EAD
that USCIS has automatically extended, employers should accept it as a valid List A
document if the EAD reasonably appears to be genuine and to relate to you. Refer to the
“Note to Employees” section of this Federal Register notice for important information
about your rights if your employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your citizenship or
immigration status or your national origin.
How do my employer and I complete Form I-9 using my automatically extended
EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a new job
before August 4, 2025:
1. For Section 1, you should:
a. Check “A noncitizen authorized to work until” and enter August 3,
2025, as the “expiration date”; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number printed
on it; the USCIS number is the same as your A-Number without the A prefix.)
2. For Section 2, employers should:
a. Determine whether the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a “Card Expires” date of August 3, 2024, June 30,
2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021,
January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017;
b. Write in the document title;
c. Enter the issuing authority;

d. Provide the document number; and
e. Write August 3, 2025, as the expiration date.
Before the start of work on August 4, 2025, employers must reverify the
employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has been
automatically extended?
If you presented a TPS-related EAD that was valid when you first started your job
and USCIS has now automatically extended your EAD, your employer may need to reexamine your current EAD if they do not have a copy of the EAD on file. Your
employer should determine whether your EAD is automatically extended by ensuring that
it contains Category A-12 or C-19 and has a “Card Expires” date of August 3, 2024, June
30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021,
January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017. Your employer may
not rely on the country of birth listed on the card to determine whether you are eligible
for this extension.
If your employer determines that USCIS has automatically extended your EAD,
they should update Section 2 of your previously completed Form I-9 as follows:
1. Write EAD EXT and August 3, 2025, as the last day of the automatic extension
in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not reverify the
employee until either the automatic extension has ended, or the employee presents a new
document to show continued employment authorization, whichever is sooner. By August
4, 2025, when the employee's automatically extended EAD has expired, employers are
required by law to reverify the employee's employment authorization on Form I-9.

If I am an employer enrolled in E-Verify, how do I verify a new employee whose
EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by entering the
number from the Document Number field on Form I-9 into the document number field in
E-Verify. Employers should enter August 3, 2025, as the expiration date for an EAD that
has been extended under this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a “Work
Authorization Documents Expiring” alert for an automatically extended EAD?
E-Verify automated the verification process for TPS-related EADs that are
automatically extended. If you have an employee who provided a TPS-related EAD
when they first started working for you, you will receive a “Work Authorization
Documents Expiring” case alert when the auto-extension period for this EAD is about to
expire. Before this employee starts work on August 4, 2025, you must reverify their
employment authorization on Form I-9. Employers may not use E-Verify for
reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment eligibility
verification and prohibiting unfair immigration-related employment practices remain in
full force. This Federal Register notice does not supersede or in any way limit applicable
employment verification rules and policy guidance, including those rules setting forth
reverification requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY 877-875-6028)
or email USCIS at I-9Central@uscis.dhs.gov. USCIS accepts calls and emails in
English, Spanish, and many other languages. For questions about avoiding
discrimination during the employment eligibility verification process (Form I-9 and EVerify), employers may call the U.S. Department of Justice, Civil Rights Division,

Immigrant and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY
800-237-2515). IER offers language interpretation in many languages. Employers may
also email IER at IER@usdoj.gov or get more information online at
https://www.justice.gov/ier.
Note to Employees
For general questions about the employment eligibility verification process,
employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I9Central@uscis.dhs.gov. USCIS accepts calls and emails in English, Spanish and many
other languages. Employees or job applicants may also call the U.S. Department of
Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) Worker
Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment
discrimination based on citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in many languages.
To comply with the law, employers must accept any document or combination of
documents from the Lists of Acceptable Documents if the documentation reasonably
appears to be genuine and to relate to the employee, or an acceptable List A, List B, or
List C receipt as described in these lists. Employers may not require extra or additional
documentation other than what is required to complete Form I-9. Further, employers
participating in E-Verify who receive an E-Verify case result of “Tentative
Nonconfirmation” (mismatch) must promptly inform employees of the mismatch and
give these employees an opportunity to resolve the mismatch. A mismatch means that
the information entered into E-Verify from Form I-9 differs from records available to
DHS.
Employers may not terminate, suspend, delay training, withhold or lower pay, or
take any adverse action against an employee because of a mismatch while the case is still

pending with E-Verify. A Final Nonconfirmation (FNC) case result occurs if E-Verify
cannot confirm an employee’s employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who receive an
FNC may call USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more
information about E-Verify-related discrimination or to report an employer for
discrimination in the E-Verify process based on citizenship, immigration status, or
national origin, contact IER’s Worker Hotline at 800-255-7688 (TTY 800-237-2515).
Additional information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS
and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, if you present an automatically extended EAD referenced in
this Federal Register notice, you do not need to show any other document, such as a
Form I-797C, Notice of Action, reflecting receipt of a Form I-765 EAD renewal
application or this Federal Register notice, to prove that you qualify for this extension.
While Federal Government agencies must follow the guidelines laid out by the Federal
Government, State and local government agencies establish their own rules and
guidelines when granting certain benefits. Each state may have different laws,
requirements, and determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a Federal, State, or local
government benefit, you may need to provide the government agency with documents
that show you are a TPS beneficiary or applicant, show you are authorized to work based
on TPS or other status, or that may be used by DHS to determine if you have TPS or
another immigration status. Examples of such documents are:

•

Your current EAD with a TPS category code of A-12 or C-19, even if your
country of birth noted on the EAD does not reflect the TPS-designated country of
Haiti;

•

Your Form I-94, Arrival/Departure Record;

•

Your Form I-797, Notice of Action, reflecting approval of your Form I-765; or

•

Form I-797 or Form I-797C, Notice of Action, reflecting approval or receipt of a
past or current Form I-821, if you received one from USCIS.

Check with the government agency requesting documentation about which document(s)
the agency will accept.
Some state and local government agencies use SAVE to confirm the current
immigration status of applicants for public benefits. While SAVE can verify that an
individual has TPS or a pending TPS application, each agency's procedures govern
whether they will accept an unexpired EAD, Form I-797, Form I-797C, or Form I-94. If
an agency accepts the type of TPS-related document you present, such as an EAD, the
agency should accept your automatically extended EAD, regardless of the country of
birth listed on the EAD. It may assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice showing the
extension of TPS-related documentation in addition to your recent TPS-related
document with your A-Number, USCIS number, or Form I-94 number;
b. Explain that SAVE will be able to verify the continuation of your TPS using
this information; and
c. Ask the agency to initiate a SAVE query with your information and follow
through with additional verification steps, if necessary, to get a final SAVE
response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact SAVE if they
have any questions about your immigration status or automatic extension of TPS-related

documentation. In most cases, SAVE provides an automated electronic response to
benefit-granting agencies within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using CaseCheck at
https://www.uscis.gov/save/save-casecheck. CaseCheck is a free service that lets you
follow the progress of your SAVE verification case using your date of birth and one
immigration identifier number (such as your A-Number, USCIS number, or Form I-94
number) or Verification Case Number. If an agency has denied your application based
solely or in part on a SAVE response, the agency must allow you to appeal the decision
in accordance with the agency's procedures. If the agency has received and acted on or
will act on a SAVE verification and you do not believe the SAVE response is correct, the
SAVE website, https://www.uscis.gov/save, has detailed information on how to correct or
update your immigration record, make an appointment, or submit a written request to
correct records.
[FR Doc. 2024-14247 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]