Here is how immigration executive orders may affect Haitians 

Editor’s Note: This document does not constitute legal advice. Always consult a qualified attorney for your unique immigration needs.

On Inauguration Day, President Donald Trump signed a slew of executive orders that triggered policy changes already affecting immigrants and their families. In the Haitian community, immigrant rights advocates identified several groups likely to feel the sting of the immigration policy changes — promised or actual — the most. 

“We have to let people know they still have rights,” said Guerline Jozef, executive director of the Haitian Bridge Alliance. “The fear itself may be more detrimental to the community than the actual policy being put in place.”

Here are the most vulnerable groups. 

Click here for a fact sheet summarizing all the information below.

Haitians outside the U.S. waiting for travel authorization through the CBP One App

The shutdown of the CBP One app is part of Trump’s efforts to guard against what he calls an invasion at the southern border that requires tightly controlling who is allowed to enter the U.S. 

Whether a relative is in Mexico, Haiti, Nicaragua or any other country waiting for the travel approval, as of January 20, they can no longer come into the United States. Likewise, if the person was in the middle of the process. 

“We want them to understand that whatever appointment they had is no longer valid. So they have to look for alternate ways to gain status in Mexico. We will be reaching out to organizations there to find those options.”

Haitians outside of the U.S. with confirmed travel authorization through the CBP One App are also ineligible to enter as of Monday.

“Even people with travel authorizations who did not have a chance to enter the U.S. before Jan. 20 will not be admitted to the country because these authorizations are no longer valid,” Lana Joseph, an Atlanta-based immigrant lawyer, said. “If someone is allowed to board an airplane with a CBP One App travel authorization, that person risks being detained and deported upon arriving at any port of entry.”

Haitians granted Temporary Protected Status (TPS)

TPS is currently valid until February 3, 2026, meaning that people can live and work here legally. Based on the developments from the last redesignation periods, advocates say.

They suggest that people have their legal status authorization documents with them at all times as part of a readiness plan in case they are stopped and asked for proof by immigration enforcement. A copy of the I-821 approval notice and the EAD card under TPS should be sufficient proof.

With expedited removal now in effect in more places around the country, ICE officials can now arrest and detain anyone who cannot prove they have been in the U.S. for two years and do not have a legal status in process. According to the New York Times, this type of removal was commonly used in towns along the border but is now being broadened to many more locations, including sanctuary cities like Chicago and San Diego, with large migrant populations. 

Haitians who arrived through humanitarian parole (the Biden Program) 

Trump ended the Biden program on Monday, but the people who arrived on humanitarian parole do not need to leave the country right away. They are allowed to stay until the date their entry approval states, which is different for every individual.

Similar to TPS holders, advocates recommend that people carry their legal status authorization documents at all times in case they’re stopped and asked for them by law enforcement. Walk around with proof of status, such as a copy of the I-94, passport with the “until date” stamp and work authorization expiration date. 

Photo identification, such as NYC ID, with a name that matches the name on the documents, is also helpful for additional verification. 

The red card created by the Immigration Legal Resource Center may also be helpful in such encounters.

Haitians waiting for decisions about their asylum applications 

Immigration experts have said that none of the executive actions taken by Trump affect applicants who have pending asylum cases. “Anyone with a pending application of at least 150 days is eligible to apply for a work permit (Form I-765) and can then qualify for a social security card,” they said.

For now, a work authorization card approved under an asylum application is valid for five years.

Both Lana Joseph and Ruth Jean advise asylum seekers to follow their process with their legal representative and ensure that they do not miss any appointment, being with a judge or an immigration officer.

Haitians arriving through family reunification programs

If you were granted entry to the U.S. through a family reunification program and you have been here for at least 12 months, you may be eligible to apply for adjustment of status to become a permanent resident or green card holder. Additionally, you may qualify to apply for an Employment Authorization Document (EAD), which would allow you to work legally in the U.S., provided that your parole remains valid or that your asylum application has been pending for at least 150 days. 

You can begin by creating a USCIS account online and filing Form-I-765. If necessary, you can file a paper application for Form I-765 instead.

“Stay calm and follow the process with a qualified immigration expert,” Joseph said.

Haitians concerned about the citizenship status of their children 

Trump vowed to end birthright citizenship, the constitutional right of everyone born on U.S. soil or of American parents to be granted citizenship automatically, but an executive order cannot immediately take away this right. Advocacy groups such as the ACLU are already suing to block attempts to rescind this basic human right, so any action to end it will most likely be in litigation for years and end up in front of the Supreme Court. 

“It’s against the constitution, but if for any reason this were to happen, we have a government that would render people stateless. That is a bigger conversation we need to have as a country,” Jozef said. “If, by God, this were to happen, we would have a subclass of people in the United States. It would really render people stateless, and what that looks like to be an American when we fail to uphold the basic rights of people.”

One Atlanta-based immigration lawyer explained that the law can’t be retroactive, even if it were to happen after a lengthy legal battle.

“Therefore, children born before that potential law takes effect will be safe,” the lawyer said.

Haitians concerned about ICE agents arresting them in places like churches, hospitals, workplaces and schools

Trump said he would allow authorities to arrest people and carry out enforcement actions in and near places such as churches and schools, marking a departure from long-standing policy to avoid so-called sensitive areas. 

However, based on the language of a statement issued by Acting Homeland Security Secretary Benjamine Huffman, experts said that it would apply more to people with criminal offenses.

“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense,” the statement reads.

Again, Florida-based immigration lawyer Ruth Jean suggests that people have their legal status documentation with them at all times as part of a readiness plan in case they’re stopped and asked for proof by law enforcement anywhere. Walk around with a copy of the I-821 approval notice and the EAD card under TPS.

Haitians concerned that ‘vigorous registration’ may make them more of a target 

This executive order calls for an immigrant to register with designated immigration officers regularly and to keep them updated on where the immigrant is living or working. 

Advocates and immigration lawyers are concerned that if implemented, this executive order would allow the U.S. government to conduct enforcement actions more swiftly, if necessary. However, if they do not register with a parole officer, that might be considered non-compliance and negatively affect any case for permanent immigration relief. 

“This is just the tip of the iceberg,” the New York attorney said.

Haitians concerned about family separation in detention

Detaining families in separate quarters was common during the first Trump term, when images of children locked up in cages went viral. If such cases occur, the lawyer said, advocacy groups will likely have to mount legal challenges on a case-by-case basis.

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Know Your Rights videos

For more information about what to do in an encounter with immigration enforcement officers, watch this video series called “We Have Rights,” created during the first Trump Administration by a consortium of advocacy groups and attorneys. The videos are narrated in several languages, including Creole. Among the topics: 

• Lè ICE Dèyè Pòt Nou (When ICE is at Our Doors)
• Anndan Lakay Nou (Inside Our Homes)
• Nan Kominote Nou Yo, Nan Lari Nou Yo (In Our Communities, In Our Streets)
• Si ICE Arete Nou (If ICE Arrests Us)

Sources: Haitian Bridge Alliance (HBA), Haitian Americans United for Progress (HAUP), New York Times, The White House, US Citizenship and Immigration Services (USCIS)

The post Here is how immigration executive orders may affect Haitians  appeared first on The Haitian Times.

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Here is how immigration executive orders may affect Haitians  was first posted on January 23, 2025 at 12:10 pm.