Crs Report for Congress

The environmental, social, and political conditions in Haiti have long prompted congressional interest in U.S. policy on Haitian migrants, particularly those attempting to reach the United States by boat. While some observers assert that such arrivals by Haitians are a breach in border security, others maintain that these Haitians are asylum seekers following a decades old practice of Haitians coming by boat without legal immigration documents. Migrant interdiction and mandatory detention are key components of U.S. policy toward Haitian migrants, but human rights advocates express concern that Haitians are not afforded the same treatment as other asylum seekers. The devastation caused last year by the January 12, 2010, earthquake in Haiti led Department of Homeland Security (DHS) Secretary Janet Napolitano to grant Temporary Protected Status (TPS) to Haitians in the United States at the time of the earthquake. The scale of current humanitarian crisis–estimated thousands of Haitians dead and reported total collapse of the infrastructure in the capital city of Port au Prince–resulted in this TPS announcement on January 15, 2010. Secretary Napolitano gave humanitarian parole to Haitian children who were legally confirmed as orphans eligible for intercountry adoption by the government of Haiti and who were in the process …