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U.S. Department of Homeland Security has announced that it has changed its deportation policy regarding Haitian nationals. This policy does not affect people granted Temporary Protected Status (TPS) status, however. The policy change affects newly arriving Haitians as well as Haitians with criminal histories seeking prosecutorial discretion under the post-earthquake April 2011 policy. It may eventually also affect Haitians here without TPS or other status (although rounding up these individuals may not be a priority at this time).  Haiti deportations will resume immediately for those with final order of removal from the immigration court.

Haitians arriving at the border will be put in expedited removal proceedings. Previously, many were put in regular removal proceedings and given parole. So, Haiti deportation will resume for those with order of supervisions and report to the ICE office regularly.

The April 2011 policy under which Haitians with criminal histories could apply for prosecutorial discretion under a more favorable balancing test is revoked. ICE is deporting approximately 50 Haitian nationals with criminal convictions a month and is seeking to increase this in light of the lifting of the April 2011 policy.

A news release on the change is available here:

For more information on Haiti Deportation, email or call 1-877-GAIL-LAW or 407-292-7730.

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