Featured Issue: Assisting Haitian Migrants and Asylum Seekers

AILA provides these resources to assist AILA members and the public in responding to the increased number of Haitians arriving at U.S. borders.

Note: The situation is constantly changing, and the information provided below could be outdated. AILA recommends that individuals consult with an attorney for further information and guidance.

AILA members: this document is accessible to the public and can be shared with clients and the community who may need access to resources.

Members of the public: if you need an immigration lawyer, please consult AILA's Immigration Lawyer Search.

Volunteer Opportunities for Lawyers

• ABA
• Haitian Bridge
• National Bar Association

Immigration Advocacy and Community Resources

• Center for Gender & Refugee Studies Resources (must register to obtain access)
• Institute for Justice and Democracy in Haiti (IJDH)
• Haitian Bridge Alliance, Inc
• Black Alliance for Just Immigration (BAJI)
• Undocublack

AILA Advocacy Resources

• AILA and Partners File Complaint with DHS on Violations and Inhumane Conditions at Torrance Detention Facility – November 23, 2021
  • Thanks to the collective efforts of the Immigration Justice Campaign and its local partner, the El Paso Immigration Collaborative (EPIC), as well as AILA members who used our Advocacy Center to take action, all of the original group of detained Haitian men in the Torrance Detention Facility have been released. In response to Justice Campaign volunteers filing parole release requests and AILA, the Council, and partners exerting concerted pressure on and engaging with the administration, ICE used its authority to release these men to their families and communities. AILA will continue to advocate for the phasing out of immigration detention and for the funding of proven solutions, like community-based case management programs and funded legal representation, as alternatives to immigration detention.
• More than 40 Human and Civil Rights Leaders: Ongoing Mistreatment and Expulsions of Haitians and Asylum Seekers Will Stain Biden’s Legacy – November 17, 2021
• Late-Breaking Roundtable on Assisting Haitian Immigrants Thousands of Haitians are currently seeking immigration options. Watch this recording to learn more
• Statement from AILA President Allen Orr Regarding National Efforts to Assist Black Migrants – October 15, 2021
• AILA Press Statement: AILA Urges the Biden Administration to Immediately Course Correct on Rapid Expulsion of Haitians – September 21, 2021
• AILA and Partners Urge White House to Change Course After Violations to Asylum Rights and Refugee Laws on Haitians – September 21, 2021
• AILA and Partners Urge Urgent Action Following the Assassination of Haitian President Moise – July 8, 2021

Haitian Family Reunification Parole Program

• DHS Issued Fact Sheet on the Cuban and Haitian Family Reunification Parole Programs – June 9, 2022
• USCIS Guidance on the Haitian Family Reunification Parole Program – September 29, 2021
• USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-131 to Terminate HFRP and FWVP Programs (85 FR 84362, 12/28/20)
• USCIS Ending the Haitian Family Reunification Parole and Filipino World War II Veterans Parole Programs – December 23, 2020

Background Resources for Asylum and Litigation

1. Institute for Justice and Democracy in Haiti (IJDH), Human Rights and Rule of Law in Haiti: Key Recent Developments
2. Human Rights First, Biden Administration’s Dangerous Haitian Expulsion Strategy Escalates the U.S. History of Illegal and Discriminatory Mistreatment of Haitians Seeking Safety in the United States
3. National Immigrant Justice Center and Fwd.us, Pushing Back Protection: How Offshoring and Externalization Imperil the Right to Asylum
4. UNHCR, News Comment by UN High Commissioner for Refugees Filippo Grandi on conditions and expulsions at US border
5. Human Rights Watch, World Report 2021: Haiti
6. U.S. Department of States, 2020 Country Reports on Human Rights Practices: Haiti

Resources on Temporary Protected Status

• Temporary Protected Status: An Overview – American Immigration Council Fact Sheet
• AILA Sample Client Flyer: Temporary Protected Status Questions
• USCIS Notice of Continuation of TPS Documentation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal (86 FR 50725, 9/10/21)
• USCIS Provides PowerPoint and Q&As from Webinar on TPS
• USCIS Provides PowerPoint and Q&As from Webinar on TPS for Haiti
• CRS Updates Report on TPS and DED
• Center for Gender & Refugee Studies Webinar - “Best Practices for Haitian TPS Applicants” - Recording and Slides (10/1/21)

Resources on Parole

• Common Questions When Filing a Humanitarian Parole Application - August 22, 2021 (Special thanks to Khanbabai Immigration Law Firm)
• USCIS- Haitian Family Reunification Parole Program
  • “The Biden Administration Should Promptly Restart and Improve the Haitian Family Reunification Parole Program” Institute for Justice & Democracy in Haiti ((IJDH), -February 2021
  • Prior CBP Memo On Haitian Family Reunification Parole (HRFP) program released before its termination in 2019 – October 15, 2015
• Humanitarian Parole Application Checklist - August 22, 2021 (Special thanks to Khanbabai Immigration Law Firm)
  • PDF Version
  • Customizable Word Version
• All About Parole Practice Advisory
  • The Catholic Legal Immigration Network, Inc., CLINIC, provides this practice advisory on parole. Appendix A of the Advisory includes a template letter to USCIS to request humanitarian parole.

Resources on Detention

• National Detainee Handbook in Haitian Creole
• AILA- Featured Issue Page on Detention
• DHS Issues Updated Guidance on the Enforcement of Civil Immigration Law, September 30, 2021
• ICE Provides Information on Legal Access in Detention – August 17, 2021
• American Immigration Council- Overview of Parole and Release from Immigration Detention, September 13, 2019.

Resources on Asylum

• Toolkit: Filing Remote Pro Se Asylum Applications - ASAP
• Policies Affecting Asylum Seekers at the Border – American Immigration Council Fact Sheet
• A Primer on Expedited Removal - American Immigration Council Fact Sheet
• Training on Asylum, Withholding, and CAT – Immigration Justice Campaign

Resources on Border

• A Guide to Title 42 Expulsions at the Border - American Immigration Council Fact Sheet
• AILA - Featured Issue: Migrant Protection Protocols (MPP)
• AILA - Featured Issue: Border Processing and Asylum

Media Coverage

• New York Times Haitian Migrants File Lawsuit Protesting Treatment by Border Patrol – December 20, 2021
• BuzzFeed News: An Internal Document Shows DHS Officials Advised Against Haitian Deportations, Fearing They Could Violate Human Rights Obligations – December 6, 2021
• New Republic Haitian Asylum Seekers Are Being Mistreated in ICE Detentions – December 6, 2021
• BuzzFeed News Biden Was Forced To Bring Back Trump’s “Remain In Mexico” Policy, But Now He’s Expanding The Pool Of Immigrants Who Can Get Caught Up In It – December 3, 2021