Yesterday marked the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies: Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). It also corresponds to the due date set by Secretary Janet Napolitano for completion of a sweeping internal review of DHS. While the internal review results have never been made public, an external review reveals that DHS is struggling with the challenges of reform—both administrative and legislative—and finds itself attempting to create more humane ways to enforce broken laws, which is ultimately a losing proposition.
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Today, Department of Homeland Security Secretary Napolitano announced the designation of Temporary Protective Status (TPS) for eligible nationals of Haiti, whose homeland was devastated by an earthquake earlier this week. According to Secretary Napolitano, as of January 12, 2010, the estimated 100,000 to 200,000 unauthorized Haitians currently in the U.S. will be granted TPS, which will allow them to continue living and working in the U.S. for the next 18 months. Napolitano also noted that TPS will not apply to Haitian nationals who attempt to leave Haiti to seek refuge in the U.S.

“Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery,” Napolitano said.

Earlier this week, DHS suspended deportation of nationals back to Haiti. In the days following the earthquake, advocates and congressional leaders urged the Obama Administration to grant TPS to Haitian nationals in the U.S.

Last month, President Obama authorized the admission of 80,000 refugees into the U.S. in fiscal year 2010, something every President has done annually since passage of the Refugee Act of 1980. The United States has long recognized the importance of providing a safe haven for refugees. Beginning with laws granting refugee status to displaced persons after World War II and culminating with the comprehensive Refugee Act of 1980, the U.S. has sought to safeguard those who are unwilling or unable to return to their homeland based on a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
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