Velazquez Probes DHS Over Circumstances Leading to TPS Termination for Nepal and Honduras
Rep.
"TPS is a practical and effective tool for American foreign policy and allows
Under
"As the newest country that was granted TPS in 2015,
The full text of the letter is below. For a PDF, click here.
The Honorable
Director
United States Citizenship and Immigration Services
Dear Director Cissna:
As Members of
As you know, section 244 provides your agency with the ability to provide safe haven protections in specific circumstances. Specifically (1) during ongoing armed conflict; (2) during disruptive disasters that significantly impact living conditions; or (3) to address conditions that are extraordinary and temporary. Both the countries of
Given these circumstances, we ask that you provide answers to the following questions in the cases of
In the case of
On
On
While the above assessments provide a very general review of ideas concerning current country conditions, we are deeply concerned with its relative lack of breadth and depth when compared with previous notices in the
1. Despite your agency noting that many projects are underway, the statistic included in the Termination Notice notes that "slightly more than one in seven homes destroyed having been fully rebuilt and more than half of homes under construction." In general, this statement provides very little indication of the overall ability of
a. Your agency notes that more than half of destroyed homes are under construction. In the absence of an actual quantity expressed in specific numeric or percentage terms, we will assume 50% for the term "more than half". Taking the figure from the 2016 Extension Notice, half of the 755,000 damaged or destroyed homes (excluding homes already constructed as per the Termination Notice), suggests that at least 323,518 homes are currently under construction. The 2018 Termination Notice fails to explain the current state of projects that are under construction. Can you provide, in collaboration with appropriate agencies, appropriate benchmarks to determine the state of construction projects that are in progress?
i. As part of your answer to this question, please provide a description of such benchmarks and the criteria established to quantify the state of completion of such homes.
b. What was the basis for your agency's assertion that "reconstruction of thousands of homes has been completed or is underway"? How would your agency account for the fact that
2. The assessment provided by your agency in 2016 notes that 18,200 persons were displaced in camps, representing 15% of those who were displaced after the earthquake.[9] The 2018 Termination Notice omits this population. How many persons are still living in such camps?
3. The 2016 Notice indicates that the five-year period following 2016 would be host to an
This project would rebuild hospitals, roads and schools. The Termination Notice provided this year does not provide specific details about the current state of construction. In fact, your notice limits its assessment to: "Schools and hospitals are functioning, and roads are being rebuilt."
a. Out of the outlined
b. Based on your agency's knowledge or via interagency communications, how does the
c. The 2018 Termination Notice indicates that "only 11 percent of schools and less than 9 percent of health facilities remain impacted by earthquake damage."[11] This indication seems at odds with the 2016's Notice that indicated that
4. The Termination Notice uses the following metric for examining public service capabilities: "for the most part, schools and health facilities have resumed operating at levels consistent with the state of public services in other areas of
a. The Termination Notice also remarks that "all national-level and most subnational level infrastructure... has been retrofitted or rebuilt".[12] However, how does your agency account for a
b. The Termination Notice also claimed that "access to clean water and sanitation has significantly increased" and that "schools and hospitals are functioning, and roads are being rebuilt".[14] Could you elaborate on the number of citizens who now have access to these facilities; or the percentage of schools, hospitals, or roads that were destroyed in the earthquake but are now functional?
5. In the 2018 Termination Notice, the agency finds that "
6. The 2016 Notice stated that large-scale reconstruction will not begin until 2017, and would take 2 years to complete the reconstruction of private homes. Does your agency know the current status of those reconstruction projects? What is the status of the pledged
7. Your agency took 26 days to publish its decision in the
8. Would you reconsider the previous termination if your review, prompted by this letter, or further congressional inquiries, determine that the conditions existing in
In the case of
Following this extension, your agency terminated
1. Your agency reported in the
2. Regarding your agency's assessment that "recovery and reconstruction efforts relating to Hurricane Mitch have largely been completed," please provide specific numbers for the improvements of roads, health centers, and schools and how many of each remain in disrepair.
3.
4. Your agency took 29 days to publish its decision in the
5. Would you reconsider the previous termination if your review, prompted by this letter, or further congressional inquiries, determine that the conditions existing in
Based on the current statutory requirements and current realities in each of these countries, it can be argued that such circumstances can be considered "extraordinary and temporary" conditions under section 244(b)(1)(C). Forcing the return of Honduran and Nepali immigrants to these conditions may impact their ability to return to their state "in safety" as noted under subparagraph (C). In fact, the deportation of such nationals may cause further disruption of the temporary conditions. We urge your agency to consider exercising your power provided under statute to designate such conditions under subparagraph (C). No immigrant under TPS poses a threat to our national interests; nor does their presence in
Given our concerns, we request a response to these questions no later than 60 calendar days from the date of this letter. Your agency's response will facilitate
Sincerely,
Members of
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