Haitian Migrants, A Constitutional Crisis, and Temporary Protected Status

The authorities need to unite to allow the population to survive. As long as we are in this crisis, nothing will work.

Mamose, 42, a street vendor and mother of four in Port-au-Prince

Haiti’s political unrest and constitutional crisis have been a fixture of news about the country for the last several years. As Haitians continue to leave an environment of violence and repression, the United States has been one of the primary destinations for these vulnerable migrants. In an attempt to assist Haitians in their transition to life in the United States, the Biden administration extended Temporary Protective Status to migrants from Haiti on May 24. 

To understand why the Biden administration turned to TPS, it is essential to examine the conditions that Haitians experienced at home which led them to migrate. Here we discuss the political, economic, and social unrest in Haiti and also examine the relationship between Haiti and the United States in recent history. With a deeper understanding of the identities and experiences of Haitian migrants, we also suggest actions that may alleviate the short- and long-term problems driving the immigration crisis.

Haiti’s Political Institutions and Constitutional Crisis

Disputes over the Haitian presidency have spurred both recent migration and the Biden administration’s shifting policy toward Haitian migrants. Before plunging into the specifics of the current constitutional crisis in the country, we should examine Haiti’s political institutions. 

Haiti presently elects a president, prime minister, and members of Parliament, after facing a history of autocratic leaders including the infamous François ‘Papa Doc’ Duvalier. The Parliament provides checks on the power of the executive; however, Haiti’s recent history demonstrates that such checks are limited in scope. Haiti’s elections take place every five years, with the most recent elections taking place in November 2016.

Jovenel Moïse, candidate of the Haitian Tèt Kale Party (PHTK), qualified for a runoff with Jude Célestin in October 2015. Low voter turnout and the low percentage of voters who indicated they supported Moïse in exit polls led to widespread calls of election fraud. Violent demonstrations and protests over possible fraud postponed the runoff until November 2016, when Moïse won with 55 percent of the vote. 

Per Article 134-1 of the Haitian Constitution, Moïse’s term ended in February 2021, five years after the initial elections, yet the leader has failed to step down. As a result of both the purported end of his term and his role in the escalation of Haiti’s crippling economic crisis, Moïse has faced calls for his resignation. In February, the opposition appointed Magistrate Joseph Mécène Jean-Louis as a replacement for the embattled leader. Citing support from the political opposition and civil society leaders, Jean-Louis and his supporters have continued to agitate for a transition in power with both violent and deadly consequences. 

The population is here to say, ‘No to insecurity! No to misery! No to high cost of living!’

Léveillé Pierre-Louis, protester in Port-au-Prince

Moïse has publicly rejected calls for his resignation, saying, “I am not a dictator. My term ends Feb. 7, 2022.” Using Article 134-2 of the Haitian Constitution, Moïse and his supporters claim that his term should have begun in February 2017, after the delayed runoff elections; however, his detractors in the opposition claim that his term began in February 2016, after his initial electoral success during the November 2015 elections marred by fraud.

Relations Between the U.S. and Haiti

Haiti was once an island of French rule that went on to achieve independence in 1804, becoming the second oldest independent nation in the Western Hemisphere (after the U.S.). However, as with many Latin American and Caribbean countries, Haiti has not been exempt from U.S. intervention in its history. The U.S. militarily and politically occupied the country multiple times since 1915 to preserve strategic economic and foreign policy interests. Unrest in 2004 after the unpopular re-election of President Jean-Bertrand Aristide led to the most recent U.S. occupation of the island nation. 

In addition to previous occupations of the country, economic aid comprises another key aspect of the relationship between the U.S. and Haiti. Especially in the aftermath of the 7.0 magnitude earthquake that hit the island in 2010 and subsequent hurricanes, the U.S. has sent billions in disaster relief aid to the country. However, less than 1 cent from every dollar of this aid went directly to Haitian non-profits and aid organizations, leading to criticism of these efforts.

To fully understand the recent interactions between the U.S. and Haiti, it is important to analyze actions taken by the Obama, Trump, and Biden administrations. The Obama administration, with help from George W. Bush and Bill Clinton, worked to raise money and provide aid to Haiti after the devastating earthquake. The administration provided supplies like bottled water and food to the citizens of Haiti, and demonstrated solidarity to the nation by meeting with Haitian-American leaders in Miami. As Cheryl Mills, head of the U.S. State Department’s Haiti task force at the time stated, “[The U.S. is] not looking in any way to be anything other than a partner to Haiti and ensure Haiti’s long-term sustainability and success.” In 2012, the administration granted Haitian immigrants entry to the U.S. with non-immigrant visas, which further demonstrated U.S. solidarity with Haiti.

In contrast, the Trump administration aimed to remove immigration policies that secured a place for Haitian migrants in the U.S. The administration expressed anti-immigration rhetoric, from calling Haiti and African nations “s—hole countries,” to removing Haiti from the list of countries that would be receiving H-2A and H-2B visas. These visas allow immigrants to work in agricultural and seasonal work. This action meant that Haitians would not be able to apply for visas designated to low-skilled workers. 

In addition to these policies, the administration worked to deport an increasing number of Haitians every second Tuesday, and these deportations increased right before Biden’s inauguration. The deportations have led to family separations, such as in the case of Paul Pierrilus, a financial consultant who was born in the Caribbean territory of Saint Martin and raised in the U.S. He was targeted for deportation during a routine appointment at an immigration office because his documents stated that he was a Haitian citizen. The actions taken by the Trump administration uprooted many migrant lives in the U.S.

My brother has never even been to Haiti… He has the bare minimum of the language, he doesn’t know the culture, he doesn’t know anyone there. So my brother cannot go there.

Pierrilus’ sister, Neomie

Who are Haiti’s Migrants?

Due to the natural disasters and constitutional unrest present in Haiti, Haitian migrants most often seek refuge in the U.S., with the country housing the largest Haitian immigrant population in the world. With this shift in migration comes a wave of culturally distinct immigrants. As a result of Haiti’s historical past, 95 percent of the island has Sub-Saharan African roots, with the official languages being Haitian Creole and French (although Spanish and English are also spoken).  From 1990 to 2015, the Haitian migrant population in the U.S. nearly tripled in size. By 2018, the greater Miami, New York, Boston and Orlando metropolitan areas housed 73 percent of the Haitian immigrant population. 

Data shows that the U.S. is a favorable place for many Haitians to relocate to, but what is it about the U.S. that draws Haitian migrants? The U.S. is a place of stability for many Haitians, which they see reflected in the economy, society, and the government. Jacsonny Nelson, a Haitian immigrant living in south Florida with his wife, son, and mother-in-law, stated that he, “sees more opportunity in Florida for his son – better education, quality of life – and says that he would not uproot him for the instability of Haiti.” In 2018, 77 percent of Haitian immigrants were of working age, and the median household income was lower than the overall foreign-born population in the U.S., as Haitians are about as likely to live in poverty as the overall immigrant population. 

The country is on the verge of explosion; the daily life of the people is death, assassinations, impunity, insecurity. Discontent is everywhere, in almost everyone’s domains.

The Episcopal Conference of Haiti

Steps to Improve the Plight of Haitian Migrants

On May 22, 2021, in response to the constitutional crisis in Haiti, the Biden administration extended Temporary Protected Status (TPS). This is an immigration program that was created by the Immigration Act of 1990. The status, which was set to expire on January 4, 2021, was extended by 18 months. TPS is designated for people who come from countries that are enduring ongoing armed conflicts (for example, a civil war), environmental disasters (such as an earthquake), or any other exigent and temporary circumstances. The program protects many immigrants in the United States (around 330,000 people and more than 55,000 Haitian immigrants) from being deported, and grants individuals an employment authorization document.

Haiti is one of the twelve countries to receive TPS, and it was first granted to the nation in 2010 by the Obama administration after an earthquake led to much destruction of the island, leading up to 300,000 deaths and the displacement of a million of its citizens. The program, however, was in danger of termination at the hands of the Trump administration. The Trump administration tried to end the program specifically for immigrants from Haiti, El Salvador, Honduras, Nepal, Nicaragua, and Sudan. After the decision to terminate the program was challenged in the cases of Ramos v. Nielsen and Saget v. Trump, the program remained in effect (but was set to expire on January 4, 2021). If the courts ruled in the administration’s favor, Haitian immigrants under Temporary Protected Status would have been deported after 120 days. 

The decision by the Biden administration to extend TPS has affected more than 100,000 Haitian immigrants and brought solace to many who are currently residing in the U.S. Rose Tilus, a nurse practitioner originally from Haiti who holds TPS status stated, “I’m happy that decision came in. Knowing that I have the next 18 months [in the U.S.], it gives me peace of mind.” For many Haitian immigrants who have given birth to children in the U.S. (about 30,000 children), this decision has provided many families with the continued stability and economic opportunities that they have not found in Haiti.

Despite the news that TPS is still being administered to Haitians, this is only a temporary solution. That’s why organizations like Haitian Women for Haitian Refugees and Haitian Bridge Alliance are working towards providing long-term solutions. There are also ways that people who aren’t participating in these organizations can help Haitians. Keeping up-to-date about events happening in Haiti, urging Congressional members to assist Haiti and continuing providing aid, and donating to organizations like Haitian Women for Haitian Refugees and Haitian Bridge Alliance are all ways to help find long-term solutions.

Taking actions like these will help Haitians both in and out of Haiti, but until there is more outcry over this issue, for some Haitians living in America, Haiti will never be seen as safe enough for them to return. Luce Janvier, a Haitian parishioner living in Miami, claims that, “Haiti will always be my home by birth, but this is my new home. It’s not safe in Haiti — not now, maybe never.”

It is our responsibility to take action and support change so that Haitians not only have the possibility, but also the guarantee, of accessing safety and stability in their home — whether that home is their country of origin or in the United States.