PETER T. KING Member of Congress

Second District, New York

339 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515-3202

(202) 225-7896

1003 PARK BOULEVARD MASSAPEQUA PARK, NY 11762

(516) 541-4225

For Suffolk County: (631)541-4225

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The Honorable Kirstjen Nielsen Secretary

Department of Homeland Security Washington DC 20016

Dear Secretary Nielsen:

March 26, 2018

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On February 12, 2018, the Director of Citizenship and Immigration Services responded to a letter I sent to then-Acting Secretary Elaine Duke on November 2, 2017, supporting an extension of Temporary Protected Status (TPS) for applicable individuals from El Salvador, IJonduras, and Haiti.

I was disappointed by Acting Secretary Duke' s decision to end TPS for individuals from Haiti, as well as your decision to end the protection for individuals from El Salvador. I understand that the decision regarding Honduras is delayed until approximately May 2018. Based on outreach my staff and I have done throughout my Congressional District, as well as directly with representatives from the three countries, I firmly believe that the situation in each country justifies TPS extensions.

The February letter from Director Cissna references the process by which DHS Secretaries make decisions on TPS, which includes r~viewing conditions in the foreign country and consulting with other federal agencies, as well as considering information from various government sources.

I am writing to better understand this process and request copies of reports and assessments provided to DHS in advance of the decisions on TPS. To that end, please provide the following information no later than April 15, 2018:

1. A list of the agencies across the U.S. Government, including OHS component agencies, that provided assessments regarding TPS decisions related to Honduras, El Salvador, and Haiti, and the date OHS received each assessment.

2. A description of the format in which each agency provided TPS assessments. 3. Copies of each assessment.

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4. Any additional information that is not included in these assessments, but influenced the Department's TPS decisions related to Honduras, El Salvador, and Haiti.

Thank you for your attention to this matter. For your reference, I have enclosed a copy of the November 2, 2017 letter I sent to Acting Secretary Duke and the February 12, 2018 response letter

I received from USCIS Director Cissna. Please do not hesitate to contact me with any questions or to discuss this important program further.

Member of Congress

Enclosures

The Honorable Peter T. King U.S. House of Representatives Washington, DC 20515

Dear Representative King:

February 12,2018

U.S. Department of Homeland Sccur it} U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington. DC 20529-;WOO

U.S. Citizenship and Immigration Services

Thank you for your November 2, 2017 letter to the Depai1ment of Homeland Security (DHS). Secretary Nielsen asked that I respond on her behalf.

I appreciate your interest in the Temporary Protected Status (TPS) designations for Haiti, El Salvador, and Honduras. The Secretary of Homeland Security's authority to designate or redesignate a country for TPS and to extend or terminate a country's existing designation is based upon specific statutory criteria. See Immigration and Nationality Act (INA)§ 244(b). U.S. Citizenship and Immigration Services (USCIS) is principally responsible for advising the Secretary on TPS issues and implementing the program.

At least 60 days before the current expiration date for a TPS designation, the Secretary must review conditions in the foreign country and, after consultation with other appropriate federal agencies, dete,mine whether the statutory conditions for TPS continue to be met. Under the INA, if the Secretary determines that the conditions for designation are no longer met with respect to a country, the Secretary is required to terminate the designation. See INA§ 244(b)(l),(3).

After considering information from several U.S. Government sources, on November 20, 2017, former Acting Secretary Duke announced the termination of Haiti's TPS designation after determining that the statutory conditions for its designation no longe'r continued to be met. To allow for an orderly transition, the former Acting Secretary delayed the effective date by 18 months. Accordingly, Haiti's TPS designation will terminate on July 22, 2019. The 18-rnonth period will provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States. Additional information on the termination of Haiti TPS can be found on the USCIS website and in a notice that was published in the Federal Register on January 18, 2018.

Secretary Nielsen decided to terminate the TPS designation for El Salvador after considering information from several U.S. Government sources, with a delay of 18 months to allow for an orderly transition before the designation terminates on September 9, 2019, DHS is committed to an orderly transition that will allow time for El Salvador to prepare for the return and reintegration of its citizens. USCIS will work with the State Department and the government

www.uscls.gov

The Honorable Peter T. King Page 2

of El Salvador to help inform relevant stakeholders in-country and in the United States to ensure an orderly return and reintegration of El Salvador's citizens. Additional details on the Secretary' s decision and the process for current El Salvador TPS beneficiaries to renew their work authorization documentation until TPS terminates on September 9, 2019, can be found in the notice that was published in the Federal Register on January 18, 2018.

In regards to Honduras, former Acting Secretary Duke did not make a determination by the 60-day deadline for Honduras (November 6, 2017), resulting in an automatic six-month extension of the designation. Details regarding this extension and the process for Honduran TPS beneficiaries to re-register can be found on the USCIS website and in the Federal Register notice published on December 15, 2017.

Thank you for your letter and interest in this important issue. Should you require any additional assistance, please have your staff contact the USCIS Office of Legislative Affairs at (202) 272-1940.

Respectfully,

L. Francis Cissna Director

www.uscis.gov

PETER T. KING Member of Congress

Second OiS1ri<1, New York

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The Honorable Elaine Duke Acting Secretary Department of Homeland Security Washington DC 20016

Dear Acting Secretary Duke:

November 2, 2017

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There are over 7,000 individuals from El Salvador, Honduras, and Haiti living in the Second Congressional District of New York, which I represent, with Temporary Protected Status (TPS). The TPS expiration dates are rapidly approaching between January and March 2018 for all three countries and the Department is required to determine whether or not to extend TPS as early as November 6, 2017.

After receiving briefings on the ongoing conditions in each country and the inability of home nations to absorb tens of thousands of TPS returnees, I am writing to urge the Department of Homeland Security (OHS) to issue no less than an 18-month extension. In addition to the extension, it is vital that the Department work with other Federal agencies, Congress and foreign partners to develop a long-term strategy to address the ability of TPS individuals to adjust their status in the United States and assist other nations in building capacity to reintegrate returning individuals over the next several years.

As you know, many of the TPS individuals from these countries have been in the United States for 10-20 years and have U.S. children. TPS extension decisions must consider the impact on these citizens. Additionally, the Department must take into account the economic consequences of TPS extension. With approximately 1/3 of the New York State TPS population living in my Congressional District, it is clear that an abrupt end to TPS and the removal of thousands of lawfully employed individuals will cause significant economic harm to these U.S. communities.

I look forward to working with you on an extension in the coming weeks and on the long-term strategy for TPS individuals from El Salvador, Honduras, and Haiti. Thank you for your attention to this matter.

Member of Congress

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The Honorable Peter T. King U.S. House of Representatives Washington, DC 20515

Dear Representative King:

August 13, 2018

U.S. Department of Homeland Sec urity U.S. Cit izenship and lnunigration Services 0./]ice o/f/,e Director (MS 2000) Washi ngton, DC 20529-2000

U.S. Citizenship and Immigration Services

Thank you for your March 26, 2018 letter. Secretary Nielsen asked that I respond on her behalf.

Your letter requests information related to the Depmtment of Homeland Security's process for making Temporary Protected Status determinations. These issues are the subject of active litigation and we are unable to comment on them directly at this time.

Thank you again for your letter and interest in this important issue. Should you require any additional assistance, please have your staff contact the U.S. Citizenship and Immigration Services Office of Legislative and Intergovernmental Affairs at (202) 272-1940.

Respectfully,

L. Francis Cissna Director

www.uscis.gov