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What Haitians need to know about TPS, ICE after legal status in US ends

Jacqueline Charles, Miami Herald on

Published in News & Features

Now that a federal judge who temporarily blocked the Trump administration from ending Temporary Protected Status for as many as 350,000 Haitians living in the U.S. has officially lifted that order, immigrants from the Caribbean nation are more vulnerable than ever to arrest and ultimately deportation.

Attorneys challenging the Department of Homeland Security’s decision to end TPS say their lawsuits are continuing. But they acknowledge that the U.S. Supreme Court’s decision in June allowing the administration to proceed with deportations of Haitians while the legal challenges continue has sharply narrowed the path forward.

“I don’t think there’s an imminent prospect of quick relief,” said Jessica Bansal, a representative of the National Day Laborer Organizing Network, which represents the TPS Alliance in its lawsuit challenging the termination of TPS for Haitians and Venezuelans. “The litigation is continuing to test whether the terminations were legal or not.”

Immigration experts say the loss of status for such a large group of immigrants is unprecedented in modern U.S. history, she said.

“These kinds of temporary protections have been always granted, to groups of people who can’t return to their country because of some crisis. But historically, before immigration became so polarized, Congress would always eventually pass a law legalizing folks,” Bansal said. “That’s what has happened in the past with large groups of people who’ve been permitted temporary humanitarian status, and so there’s no modern precedent for this number of people losing their status, especially now, while it’s still unsafe to go back.”

Lawyers say Haitians who had final removal orders before acquiring TPS are among the most vulnerable to detention by Immigration and Customs Enforcement. At the same time, advocates point to reports of Haitians in Springfield, Ohio, receiving ICE check-in letters and then being outfitted with electronic ankle monitors.

Advocacy groups, including Americans for Immigrant Justice, and some members of Congress, including the office of Miami Gardens Democratic Rep. Frederica Wilson, have offered guidance. They are encouraging families to prepare emergency plans and consult qualified immigration attorneys. They also encourage immigrants to be wary of scams from people who are not lawyers or charging exorbitant fees while promising help that may not exist

For Haitians who have now lost TPS protections — and the authorization to work in the U.S. — immigration attorneys say understanding their legal rights and options is more important than ever.

Here is what they advise people as they consider their next steps and prepare for the possibility of an encounter with ICE.

Gettiung a qualified attorney

Immigration law is highly complex as one advocate recently learned firsthand after a relative was arrested by ICE in North Miami. She tried posting a bond on his behalf but was denied, despite the Haitian immigrant having a pending asylum claim and a valid work permit.

Lawyers say it’s important for immigrants to have qualified legal representation — and to make sure any attorney they hire has experience representing clients in detention. If you sign a contract with a lawyer, make sure you know what services are included and whether the lawyer will represent you if you are detained by ICE.

Know your rights

Being detained by ICE doesn’t mean you will be deported to Haiti immediately. Immigrants are still entitled to due process and should know their legal rights.

“Even when you’re undocumented, you have the right to remain silent,” said Bansal. “You have the right to speak to an attorney. It can be hard to exercise those rights in the face of ICE agents who are trying to intimidate you and take away those rights.”

Alien number access

A trusted relative or friend should have access to your Alien Registration Number, attorneys say. That is used to locate someone’s whereabouts in ICE custody through its online locator system. You should discuss with family members about what should happen to you, your children or elderly parents if you are a caregiver and are detained.

“Planning for that as much as you can in advance is important,” Bansal said.

If stopped by police or ICE

Immigration lawyers and advocates say they’ve heard about cases in which passengers, not just drivers, have been arrested and sent to detention after being stopped by ICE or a police depatment that is cooperating with immigratioagency. If you are driving, you generally have to show your driver’s license. If you are a passenger, attorneys say you generally have the right to remain silent.

“Different states have different laws about whether you have to identify yourself if the law enforcement officer has some reason to stop you,” said Bansal.

 

Speaking up

Attorneys say if you fear being sent back to your home country, you should speak up.

“If you are scared to go back, if you think you’re going to be targeted, you need to voice that to everybody that you see as loudly as you can, because then you would have a right to a hearing before an immigration judge to seek withholding of removal,” Bansal said. Also, you should have at least one phone number memorized in order to make a phone call, because you will not have access to your personal phone.

Finding someone in ICE lockup

ICE has an online detainee locator that allows peole to look someone up by name, country and Alien Number. It is available at https://locator.ice.gov/odls/#/search

Procedures vary at each detention center that ICE operates. An ICE website has instructions for sending mail,and contacting detainees, including how to can sign up to talk to them, and add money to their account.

Family members may also be able to communicate with the deportation officer by calling and leaving a voice message or writing to them. “That is another way of attempting to advocate if you’re not represented,” a Miami based lawyer said.

For those detained

For people who do not have a final order of removal and have never been to immigration court, there’s a process that has to take place before they can be deported. Detainees are generally entitled to a hearing in an immigration court where they can apply for relief. In most cases, TPS holders have a right to seek bond.

“The government is trying to make that harder and harder,” Bansal said about bond. “In some cases, you have to go to federal court to get that. But to be able to really exercise your rights it is really important to find a reliable immigration attorney.”

Getting bond

Whether someone is eligible for bond depends on where they’ve been detained, lawyers say.

DHS has argued that migrants who entered the country without inspection are not permitted to apply for bond, reversing decades of prior practice. Federal appeals courts in different regions of the country have also been weighing in differently on this issue.

The U.S. Court of Appeals for the 11th Circuit, which includes Florida, has ruled that people who came across the border and who are not immediately apprehended can seek bond. The 5th Circuit, which includes Texas, has reached the opposite conclusion. So, if a person is detained in Florida, they may be eligible for bond. But if they are transferred to Texas, which has been frequently happening, they may not be eligible for bond.

The Florida Immigrant Coalition has been holding community workshops explaining a number of immigration issues including the bond process. They’ve provided guidance including sample sponsor letters.

Among their recommendations: Gather evidence that you’re not a danger to the community and not a flight risk. Identify a U.S. citizen or lawful permanent resident who’s willing to pay the bond and guarantee your attendance at future immigration hearings. Obtain a copy of your immigration file and assemble the evidence in one place documenting your life in the U.S. Include criminal records if you have one and evidence showing that a criminal case was dismissed or dropped, and collect character references.

Pending asylum claims

Attorneys are seeing a growing number of cases where individuals with pending asylum claims are being detained by ICE. They attribute the shift to the Trump administration’s interpretation of a broad immigration statue.

The statute had long allowed for the detention of noncitizens, but previous administrations did not enforce it. Now ICE has taken the position that the detention authority is very broad, and they can detain people regardless of pending status, including an asylum application.


©2026 Miami Herald. Visit at miamiherald.com. Distributed by Tribune Content Agency, LLC.

 

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