DHS Announces Humanitarian Parole Policy For Certain Haitian Orphans


Posted on January 19th, 2010, by James Livesay in Immigration Law. Comments Off

On January 18, 2010, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State, announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.

“We are committed to doing everything we can to help reunite families in Haiti during this very difficult time,” said Secretary Napolitano. “While we remain focused on family reunification in Haiti, authorizing the use of humanitarian parole for orphans who are eligible for adoption in the United States will allow them to receive the care they need here.”

Humanitarian parole into the United States may be granted by the Secretary of Homeland Security to bring otherwise inadmissible individuals into the country on account of urgent humanitarian reasons or other emergencies. The humanitarian parole policy announced by Secretary Napolitano today will be applied on a case-by-case basis to the following children:

Children who have been legally confirmed as orphans eligible for intercountry adoption by the Government of Haiti and are being adopted by U.S. citizens.

Children who have been previously identified by an adoption service provider or facilitator as eligible for intercountry adoption and have been matched to U.S. citizen prospective adoptive parents.

Under applicable laws, unaccompanied minors entering the country without a parent or legal guardian are subject to special procedures regarding their custody and care. DHS coordinates with the Department of Health and Human Services (HHS) Office of Refugee Resettlement on the cases of these unaccompanied minors.

Yesterday’s announcement expands the humanitarian relief that the U.S. Government is extending to Haitians in response to the devastation caused by the earthquake. Last week, Secretary Napolitano announced the designation of Temporary Protected Status for Haitian nationals who were physically present in the United States as of January 12, 2010—allowing eligible Haitian nationals to continue living and working in the United States for the next 18 months. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

Contact Our Immigration Law Attorneys

If you or a loved one require assistance with an application for Temporary Protected Status (TPS), or any other immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. Our immigration lawyers represent clients throughout Virginia, Maryland and the District of Columbia.

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About 

Attorney James Livesay is a Partner at Livesay & Myers. After graduating from the University of Virginia School of Law in 1998, he began his legal career in the Navy JAG Corps, before entering private practice as a Virginia family lawyer in 2001. Along with partner Kevin Myers, Mr. Livesay founded Livesay & Myers in 2003. Today he advises the attorneys in each of the firm’s three offices.



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