HR 1689 · 119th Congress

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To require the Secretary of Homeland Security to designate Haiti for temporary protected status.

immigrationHaititemporary protected statusdeportation reliefwork authorization
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Last action 2026-04-21

Sponsored by Rep. Gillen, Laura [D-NY-4] (D) — NY

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Would require the Secretary of Homeland Security to grant Temporary Protected Status (TPS) to Haitian nationals in the United States, shielding them from deportation and allowing them to obtain work authorization through at least April 2029.

The bill uses 'notwithstanding any other provision of law' language, meaning it would override any executive-branch decision to deny or revoke Haiti's TPS designation — a notable constraint on administrative discretion during an active debate over immigration enforcement.

What this bill would do

What it would do

The bill would require the Secretary of Homeland Security to designate Haiti for Temporary Protected Status (TPS) until the date that is 3 months after January 20, 2029. Under TPS, as described in the CRS summary, eligible Haitian nationals could obtain employment authorization, could not be detained solely on the basis of their immigration status, and would not be subject to removal while they retain TPS. The bill's "notwithstanding any other provision of law" clause would prevent the executive branch from declining to make or from rescinding the designation during that period.

The bill does not create a path to permanent residency and does not change TPS eligibility criteria. It would establish the designation as a congressionally mandated requirement rather than an administrative exercise of discretion. Applicants would still need to satisfy existing eligibility rules under the TPS statute.

Key provisions

  1. 1Would mandate the Secretary of Homeland Security to designate Haiti for Temporary Protected Status, notwithstanding any other provision of law, eliminating executive discretion to deny or revoke the designation.Sec. 1
  2. 2Would set the TPS designation to remain in effect until the date that is 3 months after January 20, 2029, providing a fixed statutory end date.Sec. 1

Who would be affected

Haitian nationals currently in the United States who meet existing TPS eligibility requirements — typically those who entered before an established cutoff date and have no disqualifying criminal history. The Department of Homeland Security and U.S. Citizenship and Immigration Services would be directed to administer the designation, process applications, and issue employment authorization documents.

Why it matters

If enacted, eligible Haitians in the U.S. would gain legal protection from deportation and the right to work legally through at least April 2029. The "notwithstanding any other provision of law" language would strip the executive branch of its typical discretion to revoke or decline to extend the designation, locking in the protection regardless of administrative immigration policy shifts.

What would change

Agencies directed to act

Department of Homeland Security

Effective dates

  • Haiti's TPS designation endsSec. 12029-04-20

How implementation would work

DHS, through U.S. Citizenship and Immigration Services, would process TPS registrations and renewals from eligible Haitian nationals using existing TPS application procedures. No new rulemaking is specified. The mandatory "notwithstanding" clause removes the Secretary's discretion to decline or revoke the designation. Applicants must still satisfy existing statutory eligibility criteria. The designation runs until 3 months after January 20, 2029, after which Congress would need to act to extend it.

Legislative status & sources

Latest action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.

2026-04-21

Official CRS summary

Show the CRS summary

This bill directs the Department of Homeland Security to designate Haiti for temporary protected status (TPS) for 18 months beginning August 3, 2025. (Eligible nationals of a TPS-designated country may obtain employment authorization, may not be detained on the basis of their immigration status, and are not subject to removal while they retain TPS.)

From the Congressional Research Service.

Legislative subjects

Caribbean area; Foreign labor; Haiti; Immigration status and procedures; International Affairs

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HR 1689: To require the Secretary of Homeland Security to designate Haiti for temporary protected status. | Legislation Reporter