Join us for 11th Annual Top 20 Under 40 — Young Haitian-American Professionals Awards Gala on September 19! View event →

All articles
Policy_Legal

Parallel Invisibilities: The Untold Story of Haitians and Palestinians Losing Protections Together

Jacob HernandezJuly 27, 2026 · 16 min read
Share
Parallel Invisibilities: The Untold Story of Haitians and Palestinians Losing Protections Together

Two communities, two temporary programs, one pattern. And no major outlet has connected the dots until now.

In November 2023, a coalition of 93 advocacy organizations sent a letter to the Biden administration requesting Temporary Protected Status and Deferred Enforced Departure for Palestinians. The signatories included the usual suspects from the Arab American and Palestinian rights community. But they also included the Haitian Bridge Alliance, the Institute for Justice and Democracy in Haiti, and other organizations rooted in the Black immigrant experience. The letter was not widely covered. It was not the subject of cable news segments or front page newspaper stories. But it was one of the clearest examples of cross community solidarity in modern immigration advocacy, and it reflected a truth that has gone largely unexamined: the experiences of Haitians and Palestinians in the U.S. immigration system are structurally parallel in ways that are both striking and disturbing. No major news outlet has published a direct comparison of these two communities. This article is an attempt to fill that gap. It is not an argument that the situations are identical. They are not. Haiti TPS is a statutory program. Palestine DED is a purely presidential directive. The scale is different: roughly 350,000 Haitians versus a few thousand Palestinians. The advocacy infrastructure is different: Haitian TPS has stronger institutional support, bipartisan congressional sponsorship, and extensive media coverage, while Palestinian DED has comparatively less visibility. But the structural pattern is the same. Both are predominantly non-white, non-European communities relying on temporary, discretionary protections. Both face deportation to countries the U.S. State Department warns Americans not to visit. Both have been told that their labor, their family ties, and their years of presence in the United States are not enough to earn permanency. And both are discovering that "temporary" can mean very different things depending on who you are and where you come from. "93 organizations signed a letter requesting TPS and DED for Palestinians in November 2023. The signatories included the Haitian Bridge Alliance and the Institute for Justice and Democracy in Haiti. The letter was barely covered." Two Types of 'Temporary': TPS vs. DED The legal frameworks are different, and the difference matters. TPS is codified in statute at INA Section 244, created by Congress under the Immigration Act of 1990. It requires the Secretary of Homeland Security to designate a country based on armed conflict, environmental disaster, or extraordinary conditions. It has application forms (Form I-821), fees, biometrics, renewal cycles, and a body of litigation that has generated decades of case law. It is not a pathway to permanent residency, but it is a formal legal status with statutory guardrails. DED has none of that. It is a presidential directive based on the President's constitutional authority to conduct foreign relations. There is no application form, no fee, no biometrics, and no renewal process built into the statute. The President simply issues a memorandum instructing DHS to defer removal for a designated population. It is faster and more flexible than TPS, but it is also more fragile. What one President gives, the next can take away, and there is almost no judicial recourse because courts have consistently held that DED is a purely discretionary executive act. Haiti has had TPS since January 2010, renewed continuously for 16 years through multiple administrations, with litigation that reached the Supreme Court. Palestine received DED for the first time in February 2024, 18 months after the October 7 attacks and the escalation of the Gaza war. It expired in August 2025, when the Trump administration simply allowed it to lapse without renewal. There was no lawsuit, no congressional pushback, no public campaign. It just ended. This difference in legal framework has real consequences. Because TPS has a statutory basis, it is subject to at least some judicial review. The Supreme Court's ruling in Mullin v. Doe in June 2026 largely closed the door on challenging termination decisions, but it preserved the possibility of constitutional claims. Haitians had their day in court, multiple times, over many years. Palestinians had no comparable avenue. DED is effectively unreviewable, and when the Trump administration let it expire, there was no legal argument that could revive it. "Haiti TPS lasted 16 years with multiple court battles and national media coverage. Palestine DED lasted 18 months and expired with no litigation, no campaign, and barely a mention. The difference in legal infrastructure is the difference in outcome." The Shared Predicament: Deportation to Level 4 Countries The most concrete parallel between the two communities is the contradiction at the heart of the government's position. The State Department says both places are too dangerous to visit. The Department of Homeland Security is deporting people there anyway. Haiti is classified as Level 4, the State Department's most severe travel warning: "Do Not Travel." The advisory cites gang violence, kidnapping, terrorism, and civil unrest. Ninety percent of Port-au-Prince is under gang control. Over 1.5 million people are internally displaced. Six million are acutely food insecure. The country has no elected president and no functioning parliament. Deportation flights to Cap-Haitien have been operating since early 2026, with DHS offering a $2,600 "voluntary departure bonus" to encourage Haitians to leave before they are formally removed. Gaza and the West Bank are also Level 4: "Do Not Travel." The advisory cites armed conflict, terrorism, and civil unrest. The war in Gaza has killed tens of thousands of civilians and displaced the majority of the population. In January and February 2026, reports emerged that the United States was secretly deporting Palestinians to the West Bank via private jet in coordination with Israel. These were the first known deportation flights of their kind. The Biden administration created the DED in 2024 specifically because it recognized that conditions in Gaza made return unsafe. The Trump administration let the DED expire and began deporting people anyway. In both cases, the government is telling the world that conditions are too dangerous for American citizens to visit, while simultaneously telling Haitian and Palestinian non-citizens that they must return. The contradiction is not lost on the communities affected. It is a daily reminder that their lives are valued differently by the system that has jurisdiction over them. The Legislative Contrast: H.R. 1689 vs. H.R. 3724 One of the starkest differences between the two communities' experiences is captured in two bills currently before Congress, and the contrast could hardly be more extreme. H.R. 1689, the bill to mandate TPS for Haiti by statute, passed the House of Representatives on April 16, 2026 with bipartisan support, 224 to 204. Ten Republicans voted with the majority. The bill was brought to the floor through a rare discharge petition that gathered 218 signatures. It now sits in the Senate as companion bill S. 4814, awaiting a vote. It is not law yet, but it exists. It has momentum. It has a path. H.R. 3724, the "No Amnesty for Hamas Sympathizers Act," proposes to do the opposite for Palestinians. It would retroactively nullify the DED that Biden granted in 2024 and categorically bar Palestinians from ever receiving TPS, asylum, refugee status, or parole. It would apply to anyone who has ever been present in the Palestinian territories, regardless of their individual circumstances. It is the legislative mirror image of H.R. 1689. One bill extends protections. The other strips them and bars them forever. Both bills represent Congress's power to set immigration policy. But they point in opposite directions, and the communities they target understand the message. Haitians, despite the obstacles, have enough political power to secure a House passed bill with bipartisan support. Palestinians, with less political infrastructure and fewer institutional allies, face a bill that would write them out of the immigration system entirely. "H.R. 1689 extends TPS for Haitians. H.R. 3724 retroactively nullifies DED for Palestinians and bars them from all immigration relief. Two communities. Two bills. Two different relationships to legislative power." The Travel Ban: Both Targeted, Both Excluded Both communities have also been explicitly targeted by the Trump administration's expanded travel ban, announced in December 2025. The ban, which the White House described as a national security measure, placed full or partial suspensions on entry for nationals of multiple countries. Haiti was included in the expanded ban, a significant escalation from Trump's original 2017 executive order, which did not target Haiti. The inclusion reflected the administration's consistent hostility toward Haitian immigration and sent a clear message: Haitians are not welcome, whether they are applying for visas from abroad or seeking to maintain TPS from within the United States. Palestinians were also included, in what was described as the first ever explicit travel ban targeting individuals holding Palestinian Authority issued travel documents. The ban was announced in December 2025 and took effect in January 2026. It applied to anyone traveling on Palestinian Authority documents, effectively cutting off most legal travel from the Palestinian territories to the United States. The travel ban framework is significant because it shows that the administration's hostility toward both communities is not limited to TPS and DED. It is comprehensive. It covers entry, exit, status, and enforcement. Both communities are being systematically excluded from the U.S. immigration system at every point of contact. The Advocacy Gap: Why Haiti Gets More Attention The differences in advocacy infrastructure between the two communities are important to understand, because they shape what kind of support is available and what kind of outcomes are possible. Haitian TPS has a well developed advocacy ecosystem. The Haitian Bridge Alliance is a professionally staffed organization with litigation capacity, media relationships, and a national presence. The Haitian Times provides dedicated community journalism. The Congressional Black Caucus provides a bloc of congressional support. The National TPS Alliance coordinates across multiple country designations. When the Supreme Court ruled in Mullin v. Doe, national media covered the story extensively, and the response included a House passed bill, bipartisan statements from Republican governors, and a coordinated advocacy campaign that continues to push for Senate action. Palestinian DED has fewer institutional resources dedicated specifically to immigration status. Organizations like the American-Arab Anti-Discrimination Committee (ADC), the Council on American-Islamic Relations (CAIR), and the U.S. Campaign for Palestinian Rights (USCPR) work on Palestinian rights broadly, but their immigration-specific capacity is more limited. The DED expiration in August 2025 was covered minimally compared to the Haiti TPS termination. There was no discharge petition, no House passed bill, and no coordinated campaign to restore the protections. The community is smaller in number, less concentrated geographically, and less connected to institutional power centers in Congress and the media. This advocacy gap has real consequences. It means that while Haitian TPS holders have a bill in the Senate and a chance, however uncertain, of legislative relief, Palestinian DED recipients have no comparable legislative vehicle. It means that when Haitian TPS termination was covered by every major news outlet, Palestinian DED expiration was a footnote. It means that the resources available to help Haitian families navigate the end of their protections are far greater than the resources available to Palestinian families who lost their protections eleven months ago. "Rima Meroueh of NNAAC, after the Mullin ruling: 'No American is safe when the Executive has such unchecked powers.' The statement applies equally to TPS and DED, but only Haiti's story made national headlines." The Cross-Community Coalition That Exists Despite the differences in advocacy infrastructure, a cross-community coalition does exist, and it has been active. The November 2023 letter requesting TPS and DED for Palestine, signed by 93 organizations including the Haitian Bridge Alliance and the Institute for Justice and Democracy in Haiti, is the strongest evidence of solidarity across the two communities. The letter argued that the same humanitarian principles that justify TPS for Haiti should apply to Palestine, and that the administration should use every tool available to prevent deportation to a conflict zone. Communities United for Status and Protection (CUSP) is a coalition that explicitly brings together organizations working across multiple immigrant communities, including the Haitian Bridge Alliance, the National Network for Arab American Communities (NNAAC), UndocuBlack Network, African Communities Together, and Adhikaar. CUSP's post-SCOTUS community explainer addressed the ruling's implications for all TPS and DED holders, not just Haitians, recognizing that the legal principle established in Mullin v. Doe affects everyone who relies on discretionary executive protection. The UndocuBlack Network, which represents Black undocumented immigrants including Haitians, issued a Palestine solidarity statement in October 2023: "Our collective liberation is tied to and depends on the liberation of the Palestinian people." The Black Alliance for Justice and Immigration published a statement titled "BAJI Stands Against Genocide in Gaza," explicitly linking anti-Blackness and anti-Palestinian racism. These organizational connections are not well known, but they represent a growing recognition that the struggles are connected. For organizations tracking the impact of protection terminations across different communities and coordinating cross-community support, tools like PROVEN help map where affected populations are concentrated, identify gaps in legal service availability, and ensure that advocacy resources reach communities that may lack strong institutional infrastructure. Understanding the full landscape of who is affected, from the 350,000 Haitians facing TPS termination to the thousands of Palestinians whose DED has already expired, is essential for building the kind of intersectional response that the moment demands. What Many People Get Wrong • TPS and DED Are the Same Thing TPS has a statutory basis, application forms, fees, biometrics, and a history of litigation. DED is a presidential directive with no formal application process. The legal infrastructure for TPS is far more robust, which is why Haitians had a longer runway and more media attention. • Palestine Doesn't Qualify for TPS Because of Statehood This is a legal barrier but not a humanitarian one. The U.S. does not recognize Palestine as a state, which prevents a TPS designation under INA Section 244. DED was the only available tool, and it was used only once for 18 months. • The Advocacy Gap Means One Community Suffers More It means they suffer differently. Haitians have more institutional support but also face larger scale removal. Palestinians have less support and fewer options, but a smaller population. Both communities are caught in the same structural trap: temporary protection that can be revoked at any time, with no path to permanency. • The 93-Organization Letter Was a One-Time Event The November 2023 letter was the most visible example, but cross-community coalition work continues through CUSP, UndocuBlack Network, and other organizations that explicitly link the fates of Haitian, Palestinian, and other non-white immigrant communities. By the Numbers ~350K Haitian TPS holders facing termination ~7K+ Palestinian DED-eligible population (est.) 16 Years Haiti TPS duration (2010–2026) 18 Months Palestine DED duration (Feb 2024–Aug 2025) 93 Organizations signed cross-community letter (Nov 2023) Level 4 State Dept. warning for both Haiti and Gaza/West Bank Timeline 1990. TPS created by Congress. Palestine never included; U.S. does not recognize Palestinian statehood. January 12, 2010. Haiti earthquake. Haiti designated for TPS. Continuous renewals begin. October 7, 2023. Hamas attack on Israel. Israel launches Gaza military campaign. Humanitarian crisis escalates. November 2023. 93 organizations including Haitian Bridge Alliance sign letter requesting TPS/DED for Palestine. February 14, 2024. President Biden grants DED for Palestinians for 18 months. First-ever DED for this population. August 13, 2025. Palestinian DED expires. Trump administration does not renew. No litigation follows. November 28, 2025. DHS issues Haiti TPS termination notice. Litigation follows. December 2025. Expanded travel ban includes both Haiti and Palestine. First-ever explicit ban on Palestinian Authority documents. January to February 2026. Reports of secret U.S. deportation flights of Palestinians to the West Bank. ICE charter flights to Haiti begin. April 16, 2026. House passes H.R. 1689 extending TPS for Haiti. No equivalent bill exists for Palestine. June 25, 2026. Mullin v. Doe. Supreme Court rules 6-3 that TPS termination decisions are unreviewable. July 24, 2026. Haiti TPS work authorization expires. Deportation flights to Cap-Haitien operating. Palestine DED expired 11 months prior. Why This Matters The parallel between Haitians losing TPS and Palestinians losing DED is not an accident. It is a pattern. And recognizing the pattern is essential for understanding how the U.S. immigration system treats communities that are non-white, non-European, and politically vulnerable. Both communities were granted temporary protections during moments of acute crisis: Haiti after its 2010 earthquake, Palestine after the October 7 attacks and the escalation of the Gaza war. Both were told that the protection was temporary. Both watched as administrations changed and the protections were revoked or allowed to expire. Both now face deportation to countries the U.S. government itself describes as too dangerous to visit. Both have been explicitly targeted by travel bans. Both are being deported on flights that the government does not publicize. And both are discovering that the word "temporary" in immigration law can mean sixteen years for one group and eighteen months for another, depending not on the conditions in the home country but on the political power of the diaspora in the United States. This comparison matters for several reasons. First, it reveals the racial and political dimensions of immigration relief. The communities that get the strongest protections, the most media coverage, and the most legislative support are not necessarily the communities in the greatest danger. They are the communities with the most institutional power. Second, it challenges the siloed thinking that treats each immigrant community as a separate issue. The same legal framework that made Haitian TPS vulnerable to termination is the framework that made Palestinian DED disappear without a trace. The same executive discretion that protects Venezuelans for foreign policy reasons is the discretion that abandons Haitians and Palestinians when they have no strategic value. Third, it points toward the kind of coalition building that could create real change. The 93-organization letter, the CUSP coalition, the UndocuBlack Network's solidarity statements, and the growing recognition that anti-Blackness and anti-Palestinian racism are connected structures of oppression all point toward a more intersectional immigration advocacy that fights for everyone, not just the communities with the largest checkbooks or the most congressional votes. The comparison that no one has written yet is the comparison that needs to be written. Not because the two communities are the same, but because their parallel experiences reveal something about the system that neither experience alone can fully capture. Haitians and Palestinians are both being told that their protection is over. They are both being told to return to places the U.S. government says are too dangerous to visit. And they are both discovering that in the U.S. immigration system, being temporary is a permanent condition when you are from the wrong country with the wrong amount of political power.

Works Cited ADC Letter to President Biden requesting TPS and DED for Palestine. Nov 2023, 93+ signatory organizations incl. Haitian Bridge Alliance, uscis.gov. Congressional Research Service. "Temporary Protected Status and Deferred Enforced Departure." RS20844, Aug 28, 2025, congress.gov. Biden, Joseph. "Memorandum on Deferred Enforced Departure for Certain Palestinians." Feb 14, 2024, Presidency.ucsb.edu, presidency.ucsb.edu. Mullin v. Doe, No. 25-1083 (U.S. Jun 25, 2026), supreme.justia.com. Human Rights Watch. "US Haitians Set to Lose Protections Risk Return to Violence." Jul 2, 2026, hrw.org. Portside. "US Secretly Deporting Palestinians to West Bank in Coordination with Israel." Feb 8, 2026, portside.org. UndocuBlack Network. "Palestine Solidarity Statement." Oct 25, 2023, undocublack.org. CUSP. "Post-SCOTUS Community Explainer." Jun 2026, wearecusp.org. H.R. 1689, 119th Congress. "To require the Secretary of Homeland Security to designate Haiti for temporary protected status." congress.gov. H.R. 3724, 119th Congress. "No Amnesty for Hamas Sympathizers Act." govtrack.us.

Share