Res. No. 210
Resolution calling on the United States government to make Haitian recipients of Temporary Protected Status eligible for federal public benefits.
By Council Members Williams, Eugene, Brewer, Chin, Dromm, Koppell, Rose, Rodriguez and Mark-Viverito
Whereas, Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries; and
Whereas, The Secretary of the Department of Homeland Security (DHS) has the authority to provide TPS to immigrants, living in the United States, who are unable to safely return to their home country because of an ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions that prevent their safe return; and
Whereas, The United States Citizenship and Immigration Services (USCIS), part of DHS, is responsible for administering the TPS program; and
Whereas, A country's TPS designation takes effect on the date of publication of the designation and may last between six and 18 months, with the possibility of an extension; and
Whereas, Once the Secretary of DHS terminates a TPS designation, TPS beneficiaries revert to the same immigration status they had prior to TPS or to any other status they may have acquired while registered for TPS; and
Whereas, On January 12, 2010, Haiti experienced a 7.0 magnitude earthquake that destroyed most of Haiti's capital, Port-au-Prince, severely affected the country's infrastructure, and led to the deaths of more than 200,000 people and the injuries of more than 300,000 people; and
Whereas, On January 21, 2010, Janet Napolitano, Secretary of DHS, granted an 18-month TPS designation to Haiti because of the extraordinary and temporary conditions that prevent Haitians from returning safely to their homes; and
Whereas, Haitians who were in the United States as of January 12, 2010 are eligible for TPS benefits so long as they register for TPS by July 20, 2010; and
Whereas, According to the United States Census Bureau, there are nearly 800,000 Haitians living in the United States and New York City is home to the second largest Haitian population in the nation; and
Whereas, It is estimated that TPS will protect at least 100,000 Haitians believed to be living in the United States illegally; and
Whereas, Haitians granted TPS may obtain authorization to work in the United States; and
Whereas, Haitians granted TPS who are living in New York City are eligible for in-state tuition rates at schools in the CUNY system; and
Whereas, Any immigrants granted TPS, including Haitians, however, are not considered to be permanently residing in the United States; and
Whereas, According to the New York State Office of Temporary and Disability Assistance guide on alien eligibility for public benefits entitled the "Alien Eligibility Desk Aid," the only non-citizen Haitians eligible for Medicaid, Family Assistance, Safety Net Assistance, and Food Stamp Benefits are "Haitian entrants"; and
Whereas, "Haitian entrant" is defined in section 501(e) of the Refugee Education Assistance Act of 1980 as an individual from Haiti who has applied for asylum with the United States; and
Whereas, Haitian TPS beneficiaries are not considered to be "Haitian entrants" on the basis of having been granted TPS and as such are not deemed eligible for any federal public benefits administered by New York State and New York City; and
Whereas, The Obama administration has promised to continue to support Haiti and its people as it recovers from the disastrous January 12, 2010 earthquake and extending federal public benefits to Haitians with TPS living in the United States would be a form of support for Haiti; now, therefore, be it,
Resolved, That the Council of the City of New York calls upon the United States government to make Haitian recipients of Temporary Protected Status eligible for federal public benefits.
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LS #708
JEB
4/9/10