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Kathleen Bergin

Will TPS For Haiti Be Renewed: Three Things To Know


Image result for save tps haiti images
Seven days. 

The Department of Homeland Security will decide by November 23 whether 59,000 Haitians who benefit from Temporary Protected Status, or TPS, will be allowed to stay in the United States, or will be forced to return to a country that is incapable of taking them back.

Haiti was initially granted TPS in 2010, following a catastrophic earthquake that, according to government figures, killed up to 300,000 people and displaced more than a million.  TPS was reauthorize several times after that, following a record breaking Hurricane and cholera epidemic introduced by UN peacekeepers.  Hurricanes Irma and Maria compounded the damage from all of this.  

Conventional wisdom says that TPS for Haiti won’t be renewed past its expiration on January 22. Here’s why:

Last week DHS declined to extend TPS for Nicaragua, which, like Haiti, is perpetually hammered by natural disasters. In October, the State Department called for an end to TPS in Haiti and several Central American countries.  And last May, then DHS Secretary John Kelly reluctantly granted Haiti a 6 month extension, warning Haitian immigrants to use that time to “handle their affairs,” and arrange departures from the U.S.

A handful of lawmakers from both sides of the aisle who support TPS see where this is headed.  They’ve pressed DHS for an extension, and introduced bills to provide TPS beneficiaries with Permanent Residency and a path to citizenship.  But they’re up against a Trump Administration bent on banning most immigrants from entering the country, and expelling those who are already here.      

I understand it looks bad.  However, none of these factors, definitively at least, closes the door on TPS for Haiti.  To keep things in perspective, here are three things you should know.

1.  Nicaragua Didn’t Comply With The TPS Statute, But Haiti Did

Under the governing statute, TPS is permitted when conditions in an immigrant’s home country make it too dangerous to return.  But in cases that involve an environmental disaster, DHS cannot authorize TPS unless the nation at issue requests it.

Continue reading “Will TPS For Haiti Be Renewed: Three Things To Know”

Lead and Legionnaires’: Involuntary Manslaughter on the Table in Flint

If you want to know more about “involuntary manslaughter” charges that investigators are discussing in Flint, then read on.  This post doesn’t present all of the evidence that could support criminal charges, or try to prove someone guilty of a crime.  But it does tell you what involuntary manslaughter actually means, and highlights some important findings from a recent Task Force report.  It also identifies a few things standing in the way of criminal charges.

The attorney investigating the water crisis in Flint announced in February that he would consider involuntary manslaughter charges against anyone who was grossly negligent in handling an outbreak of Legionnaires’ disease that sickened 87 people over a 17 month period, and has so far killed 11.

Legionnaires’ causes flu-like symptoms, and can be deadly to people with suppressed immune symptoms. Continue reading “Lead and Legionnaires’: Involuntary Manslaughter on the Table in Flint”

Flint: Why It’s Not A “Federal” Disaster

Michigan Governor Rick Snyder has asked the federal government to declare Flint a major disaster on account of the city’s lead water crisis. That would make $96 million in sorely needed federal aid available to clean the water, fix the broken infrastructure, and provide health care to people who will suffer the life-long consequences of lead poisoning.  But the Obama Administration said no, prompting an appeal from state and local lawmakers who are desperate for extra cash.

So what gives?

Federal disaster declarations are governed by the Stafford Act, which limits when the President, through executive agencies, can declare a disaster.  The law provides for two types of declarations: an “Emergency” or a “Major Disaster.”  Some federal aid is allocated in an Emergency, but much more is allocated in a Major Disaster.

An “Emergency” is defined as “any occasion or instance” that requires federal assistance to supplement state and local efforts and capacities to save lives, protect property, or avert a catastrophe. Continue reading “Flint: Why It’s Not A “Federal” Disaster”

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