Haiti Visa Letter To State Department

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March 26, 2024

The Honorable Antony Blinken The Honorable Rena Bitter


Secretary Assistant Secretary
U.S. Department of State Bureau of Consular Affairs
2201 C Street, NW U.S. Department of State
Washington, DC 20520 2201 C Street, NW
Washington, DC 20520

Dear Secretary Blinken and Assistant Secretary Bitter:

We write to express our increasing concern regarding consular operations at the U.S. Embassy in
Port-au-Prince, Haiti. We urge the State Department (State) to expedite the processing of
immigrant visas for Haitians, particularly for relatives of U.S. citizens and lawful permanent
residents (LPRs).

In recent years, Haiti’s security has rapidly deteriorated, leaving it in one of the most precarious
situations of any country worldwide. Already, Haiti faced long-standing challenges, including
difficulty recovering from one of the deadliest earthquakes in modern history, severe corruption,
massive protests, and crippling debt that funneled resources out of Haiti to France for over a
century in exchange for the former French colony’s freedom.1 Then in 2021, two massive natural
disasters and the assassination of President Jovenel Moïse plunged the country into a state of
unrest. As of 2023, the country has had no democratically elected government, and gangs now
control an estimated 80 percent of the capital city.2 The local population faces skyrocketing rates
of homicides, kidnappings, internal displacement, cholera, and starvation, with at least 44% of
the country experiencing food insecurity.3 This month, Haiti’s crisis has reached new heights,
1
The New York Times, “The Root of Haiti’s Misery: Reparations to Enslavers,” Catherine Porter, Constant Méheut,
Matt Apuzzo and Selam Gebrekidan, May 20, 2022, https://www.nytimes.com/2022/05/20/world/americas/haiti-
history-colonized-france.html; Transparency International, “Haiti Country Data,”
https://www.transparency.org/en/countries/haiti; The New York Times, “Haiti’s Lost Billions,” Lazaro Gamio,
Constant Méheut, Catherine Porter, Selam Gebrekidan, Allison McCann and Matt Apuzzo, May 20, 2022,
https://www.nytimes.com/interactive/2022/05/20/world/americas/enslaved-haiti-debt-timeline.html; Encyclopedia
Britannica, “The 6 Deadliest Earthquakes Since 1950,” John P. Rafferty, https://www.britannica.com/list/6-
deadliest-earthquakes; Human Rights Watch, “Haiti: Events of 2021,”
https://www.hrw.org/world-report/2022/country-chapters/haiti; Congressional Research Service, “Haiti: Recent
Developments and U.S. Policy,” Karla I. Rios and Clare Ribando Seelke, February 1, 2024, p. 8,
https://crs.gov/Reports/R47394.
2
Carnegie Endowment for International Peace, “Haiti Only Has One Feasible Way Forward,” Christopher Shell,
October 5, 2023, https://carnegieendowment.org/2023/10/05/haiti-only-has-one-feasible-way-forward-pub-90727.
3
United Nations World Food Programme, “Severe hunger persists in Haiti as violence intensifies in the capital,”
Claire Pressoir and Tanya Birkbeck, September 19, 2023, https://www.wfp.org/news/severe-hunger-persists-haiti-
violence-intensifies-capital; United Nations World Food Programme, “WFP calls for humanitarian access as
violence and unrest wreak havoc in Haiti,” Tanya Birkbeck, Maria Gallar, and James Belgrave, February 15, 2024,
https://www.wfp.org/news/wfp-calls-humanitarian-access-violence-and-unrest-wreak-havoc-haiti; United Nations
Security Council, “United Nations Integrated Office in Haiti Report of the Secretary-General,” July 3, 2023, p. 3,
with gangs reportedly uniting, ousting the country’s prime minister, and coordinating attacks that
some warn could spark a civil war.4

These circumstances have led many Haitian-American citizens and LPRs to petition for their
family members in Haiti to reunify with them in the United States. Many of those families are in
our state; Massachusetts has the third largest Haitian diaspora in the United States,5 and “[o]ne
would be hard pressed to find a person of Haitian descent in the Boston area who does not have
family on the island.”6 Thousands of Haitian relatives of U.S. citizens and LPRs are in the
processing queue for family-based immigrant visas.7 Several thousand have already submitted
applications, paid the application fees, and completed all required documentation. They now
await in-person interviews and biometric processing at the U.S. Embassy in Port-au-Prince.

However, since July 2023, the U.S. Embassy in Haiti has been operating on an emergency-only
basis due to the security crisis. Last July, the State Department issued a departure order of non-
emergency embassy personnel and elevated Haiti to the highest-level travel advisory reserved for
the most dangerous countries.8 The embassy scaled down its staffing to a minimum and
suspended all non-emergency immigrant visa services.9 Lately, the area surrounding the U.S.

https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/S-2023-
492.pdf; The Hill, “US Embassy in Haiti closes amid ‘rapid gunfire,’” Nick Robertson, August 8, 2023,
https://thehill.com/policy/international/4143640-us-embassy-in-haiti-closes-amid-rapid-gunfire/ ; Centers for Disease
Control and Prevention, “Cholera Outbreak — Haiti, September 2022–January 2023,” January 13, 2023,
https://www.cdc.gov/mmwr/volumes/72/wr/mm7202a1.htm.
4
The New York Times, “Why Everything Changed in Haiti; The Gangs United,” Maria Abi-Habib, Natalie Kitroeff
and Frances Robles, March 14, 2024, https://www.nytimes.com/2024/03/14/world/americas/haiti-gangs-ariel-
henry.html; The Washington Post, Opinion, “In Haiti, the toxic effects of apathy and naiveté,” Lee Hockstader,
March 13, 2024, https://www.washingtonpost.com/opinions/2024/03/13/haiti-anarchy-international-intervention-
ariel-henry/.
5
CBS News, “What's behind the migrant surge in Massachusetts? Here's one family's terrifying journey from Haiti
to Boston,” Louisa Moller, February 2, 2024, https://www.cbsnews.com/boston/news/massachusetts-new-england-
migrant-surge/. One Boston-based organization that serves new arrivals from Haiti has assisted over 14,000 Haitian
immigrants over just the past two years. See WBUR, “Tracing the path to Massachusetts for thousands of new
Haitian immigrants,” Gabrielle Emanuel, February 9, 2024, https://www.wbur.org/news/2024/02/09/migration-haiti-
chile-darien-gap-massachusetts.
6
GBH News, “Fear extends to Boston area Haitian communities as violence grows on the island,” Phillip Martin,
March 13, 2024 https://www.wgbh.org/news/local/2024-03-13/fear-extends-to-boston-area-haitian-communities-as-
violence-grows-on-the-island.
7
The State Department does not release country-by-country data on the number of documentarily complete
immigrant visa applicants. Worldwide, there were 338,256 applicants awaiting interviews and 42,151 applicants
scheduled for an interview as of February 2024. See U.S. Department of State, Bureau of Consular Affairs,
“Immigrant Visa Interview-Ready Backlog Report,” March 2024,
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-backlog.html.
8
U.S. Department of State, Bureau of Consular Affairs, “Ordered Departure for Personnel of U.S. Embassy Port-au-
Prince,” July 28, 2023, https://travel.state.gov/content/travel/en/News/Intercountry-Adoption-News/ordered-
departure-for-personnel-of-u-s--embassy-port-au-prince.html; U.S. Department of State, Bureau of Consular Affairs,
“Haiti Travel Advisory,” July 27, 2023, https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/
haiti-travel-advisory.html.
9
American Immigration Lawyers Association, “AILA DOS Liaison Committee Meeting with the Department of
State,” October 5, 2023, https://travel.state.gov/content/dam/visas/AILA/AILA-Agenda-10-5-2023.pdf.

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Embassy has faced heavy gunfire and gang activity,10 and this month, the United States airlifted
some of the remaining American personnel out of Haiti.11

Today, scarcely few visa interview appointments are made available each month. Even when in-
person appointments are available, the U.S. Embassy building is sometimes nearly impossible to
reach due to restrictions on movement in Port-au-Prince. Gangs regularly fight with Haitian
police for control of neighborhoods and major roads,12 leaving civilians unable to leave their
homes13 and blocking trade and aid routes.14

As a result, the State Department’s processing of immigrant visa applications has stalled for the
vast majority of Haitian relatives of Americans, leaving individuals desperate with nowhere else
to turn. The country’s only land border is shared with the Dominican Republic, which has
suspended issuing travel visas to Haitians, closed its border with Haiti, and ramped up summary
deportations of Haitians.15 Meanwhile, Haitians cannot travel to virtually any other country
without a visa.16

This situation is unlikely to improve in the near term, particularly as the future of a potential
multinational security force remains uncertain.17 The State Department must implement stop-gap
solutions to more quickly process visas for Haitians in need of urgent protection, even as the

10
U.S. Embassy in Haiti, “Security Alert – Port-au-Prince,” January 30, 2024, https://ht.usembassy.gov/security-
alert-port-au-prince/.
11
CBS News, “U.S. military airlifts embassy staff from Port-au-Prince amid Haiti's escalating gang violence,” Emily
Mae Czachor, March 11, 2024, https://www.cbsnews.com/news/us-military-airlifts-evacuation-staff-embassy-port-
au-prince-haiti-gang-violence/.
12
The Guardian, “Haiti crisis: how did it get so bad, what is the role of gangs, and is there a way out?” Archie
Bland, January 12, 2023, https://www.theguardian.com/world/2023/jan/12/haiti-crisis-jovenel-moise-gangs-water-
way-out.
13
United Nations Security Council, “United Nations Integrated Office in Haiti Report of the Secretary-General,”
July 3, 2023, p. 7, https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-
CF6E4FF96FF9%7D/S-2023-492.pdf.
14
U.S. Department of State, “Remarks by Secretary Anthony Blinken on Rising to the Challenge on Haiti:
Multinational Security Support Mission Ministerial Meeting,” February 22, 2024, https://www.state.gov/rising-to-
the-challenge-on-haiti-multinational-security-support-mission-ministerial-meeting/; United Nations World Food
Programme, “WFP calls for humanitarian access as violence and unrest wreak havoc in Haiti,” Tanya Birkbeck,
Maria Gallar, and James Belgrave, February 15, 2024, https://www.wfp.org/news/wfp-calls-humanitarian-access-
violence-and-unrest-wreak-havoc-haiti.
15
Congressional Research Service, “Haiti: Recent Developments and U.S. Policy,” Karla I. Rios and Clare Ribando
Seelke, February 1, 2024, p. 8, https://crs.gov/Reports/R47394; Relief Web, “ACAPS Anticipatory note: Haiti -
Returns from the Dominican Republic,” November 3, 2023, https://reliefweb.int/report/haiti/acaps-anticipatory-
note-haiti-returns-dominican-republic-03-november-2023; PBS News Hour, “Dominican president suspends visas
for Haitians and threatens to close border,” Martín Adames Alcántara, September 11, 2023,
https://www.pbs.org/newshour/world/dominican-president-suspends-visas-for-haitians-and-threatens-to-close-
border; United Nations Security Council, “United Nations Integrated Office in Haiti Report of the Secretary-
General,” July 3, 2023, p. 7, https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-
CF6E4FF96FF9%7D/S-2023-492.pdf.
16
Guide Consultants, “Haiti Passport Visa Free Countries List 2024,” https://www.guideconsultants.com/all-
passports/haiti-passport-visa-free-countries-list/.
17
The New York Times, “Kenyan Court Blocks Deployment of Police Force to Haiti,” Declan Walsh and Frances
Robles, January 26, 2024, https://www.nytimes.com/2024/01/26/world/africa/kenya-haiti-peacekeeping-force.html.
Barron’s, “Blinken Pushes to Finalize lagging Haiti Force at G20,” Agence France Presse, February 22, 2024,
https://www.barrons.com/news/blinken-pushes-to-finalize-lagging-haiti-force-at-g20-4c379d9b.

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U.S. Embassy maintains minimal operations in Haiti. We appreciate the scale and complexity of
this issue and applaud the work the State Department has already done to explore creative
solutions to address the backlog. Still, we urge the State Department to ensure that solutions are
implemented with the urgency that this issue demands.

While the situation in Haiti is unique, some of the challenges for U.S. consular operations are not
without precedent. The State Department can draw lessons from other locations where the
Department has employed temporary consular solutions while normal embassy operations
remain infeasible, such as in Ukraine, Syria, and Afghanistan.18 We ask you to consider the
following policy and operational changes to visa processing in Haiti, at least for immediate
relatives of U.S. persons:

1. Waive the personal appearance requirement, at least for Haitian immediate


relatives of U.S. persons. The in-person requirement and minimal embassy staffing have
created a severe bottleneck for immigrant visa applications. Given the security situation
in Port-au-Prince, travel to the U.S. Embassy is unsafe and, at times, virtually impossible.
Thus, at least for Haitian immediate relatives of U.S. citizens and LPRs, the State
Department should permit consular officers to waive the in-person interview and
appearance requirements. Under current regulations, immigrant visa applicants “shall be
required to appear personally before a consular officer for the execution of the
application,” including to affirm and sign their applications.19 However, the State
Department has created flexibility to eliminate that requirement under some
circumstances. For example, during the COVID-19 pandemic, State issued a Temporary
Final Rule (TFR) giving consular officers the discretion to waive the in-person interview
requirement for certain repeat immigrant visa applicants.20 Similarly, the in-person
interview requirement has been eliminated for Haitian immigrant visa applicants who are
invited to apply for the Haitian Family Reunification Parole (HFRP) program,21 and the
U.S. government increasingly relies on remote interviews in other immigration contexts.22
18
International Refugee Assistance Project (IRAP), InterAction, and Human Rights First, “Fulfilling America’s
Promise: Options to make U.S. humanitarian protection pathways viable for at-risk Afghans,” November 2021,
https://refugeerights.org/wp-content/uploads/2021/11/Afghan-Evacuation-Administration-Memo-
FORMATTED.pdf .
19
22 CFR § 42.62; 22 CFR § 42.67. The relevant statute provides that, “[e]xcept as may be otherwise prescribed by
regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular
officer, and verified by the oath of the applicant administered by the consular officer.” 8 U.S. Code § 1202(e)
(emphasis added).
20
U.S. Department of State, Federal Register Notice, “Waiver of Personal Appearance and In-Person Oath
Requirement for Certain Immigrant Visa Applicants Due to COVID-19,” December 13, 2021,
https://www.federalregister.gov/documents/2021/12/13/2021-26657/waiver-of-personal-appearance-and-in-person-
oath-requirement-for-certain-immigrant-visa-applicants; see also U.S. Department of State, Foreign Affairs Manual,
“9 FAM 504.7-2: Requirement for an Interview,” https://fam.state.gov/FAM/09FAM/09FAM050407.html.
21
U.S. Citizenship and Immigration Services, “Family Reunification Parole Process,” January 1, 2024,
https://www.uscis.gov/FRP; U.S. Department of Homeland Security, Federal Register Notice, “Implementation of
Changes to the Haitian Family Reunification Parole Process,” August 11, 2023,
https://www.federalregister.gov/documents/2023/08/11/2023-17344/implementation-of-changes-to-the-haitian-
family-reunification-parole-process.
22
Migration Policy Institute, “Antiquated U.S. Immigration System Ambles into the Digital World,” Muzaffar
Chishti and Julia Gelatt, November 29, 2023, https://www.migrationpolicy.org/article/us-immigration-backlog-
digital-world; U.S. Citizenship and Immigration Services, “Family Reunification Parole Process,” January 1, 2024,
https://www.uscis.gov/FRP.

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Furthermore, the State Department has considered making additional regulatory changes
to the personal appearance requirement.23 Likewise, the State Department should, at a
minimum, permit Haitian immediate relative visa applicants to complete their
applications remotely without making a perilous journey to the U.S. Embassy. State can
issue a TFR to that effect and instead permit applicants to be interviewed by telephone or
video teleconference and to affirm their applications remotely under penalty of perjury.
Like COVID-19, the deteriorating situation in Haiti has considerably disrupted consular
operations. Eliminating the in-person requirement will help protect consular staff and visa
applicants. At least for low-risk applicants, the marginal benefit of an in-person
appearance does not justify the strain on consular resources in this emergency
environment. The State Department should also consider facilitating free access to
computers and internet connection by setting up a “cybercafé” at an accessible location,
once security allows. Relatedly, to the extent that U.S. personnel must be present at the
U.S. Embassy for any visa processing functions, the State Department should ensure that
it is streamlining functions to maximize the number of immigrant visa applicants who are
processed during the limited windows of time that consular officers can spend at the U.S.
Embassy.

2. Ramp up capacity for processing Haitian immigrant visas at a third-country post.


The State Department should ramp up resources for processing Haitian visas at an
embassy in a third country. State could temporarily surge consular staffing at the third-
country post, including adequate staffing of Creole speakers, and facilitate travel of
qualifying Haitian visa applicants to that post whenever feasible.24 The State Department
should identify countries to which Haitians can travel most easily, such as Barbados, and
diplomatically encourage nearby third countries to offer Haitian relatives of U.S. persons
time-bound visas for the purpose of traveling for processing at the U.S. Embassy in that
country. As some immigration attorneys have recommended,25 State could formally
designate Haitians as “homeless visa applicants” — meaning nationals of a country
without U.S. visa processing26 — which would allow the National Visa Center to assign
their immigrant visa applications to a U.S. Embassy in a third country. However, because
many Haitians cannot safely travel to a third country, we recommend allowing State to
also continue processing visas from the Port-au-Prince embassy to the fullest extent
possible. Alternatively, if the “homeless visa applicant” designation would preclude
further visa processing within Haiti, State could instead invest comparable resources in
processing visas from a third country without the formal designation.

3. Explore creative locations for in-person processing in Haiti outside of the U.S.
embassy. Given a particularly high level of unrest in the neighborhood surrounding the
23
Office of Information and Regulatory Affairs, Office of Management and Budget, “Rule on Documentation of
Immigrants Under the Immigration and Nationality Act, as Amended; Personal Appearance Waiver for Immigrant
Visa Applicants,” October 2023, https://www.reginfo.gov/public/do/eAgendaViewRule?
pubId=202304&RIN=1400-AF31.
24
U.S. Department of State, “Department of State/AILA Liaison Committee Meeting,” January 20, 2022, p. 12,
https://travel.state.gov/content/dam/visas/AILA/AILA-Meeting-Agenda-01-20-2022.pdf.
25
American Immigration Lawyers Association, “AILA DOS Liaison Committee Meeting with the Department of
State,” October 5, 2023, https://travel.state.gov/content/dam/visas/AILA/AILA-Agenda-10-5-2023.pdf.
26
U.S. Department of State, Foreign Affairs Manual, “9 FAM 504.4-8(E): (U) Homeless Cases,”
https://fam.state.gov/fam/09FAM/09FAM050404.html.

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U.S. Embassy in Port-au-Prince, the State Department should explore creative off-site
alternatives for in-person processing in Haiti (to the extent that it continues to require in-
person appearances). For example, the State Department could form an agreement with a
close ally, such as Canada or France, that maintains an embassy or consulate in Port-au-
Prince to allow U.S. consular officers to conduct limited interview operations from the
ally’s premises, at times when the areas surrounding their embassies are relatively safer.
There is precedent for allies sharing embassy facilities in countries where they maintain
limited operations,27 and the United States should explore such options in Haiti. The State
Department could also explore establishing a temporary mobile processing site at an
accessible location in Haiti where it can maintain more control over the surrounding area.
For example, State could establish a satellite post in the northern city of Cap-Haïtien, or
even explore using an off-shore location such as a ship or pier docked off the coast of
Port-au-Prince, for visa applicants to come on board for processing. When implementing
such alternatives, State should seek to minimize exploitation risks for applicants traveling
to the satellite location and clearly emphasize which applicants qualify for processing at
the location.

These are just examples of ways the State Department could expedite visa processing for
Haitians urgently in need of assistance. State should also identify any other bottlenecks slowing
visa processing in Haiti — potentially including requirements for original documentation,
fingerprints, medical examinations, and retrieval of hard copies of travel documents — and
develop solutions to address such hurdles. Furthermore, for Haitian relatives who have already
received immigrant visas yet cannot secure a commercial flight to travel to the United States, the
State Department should expand evacuation flight assistance as it ramps up evacuations.28

As you recently highlighted, Haiti presents “one of the most urgent challenges we face as an
international community.”29 The situation in Haiti demands urgent, creative solutions to ensure
that, at a minimum, relatives of U.S. persons can be quickly processed and reunited with their
families in the United States. To help us better understand the current backlog and the steps the
State Department is considering to address it, we request responses to the following questions by
April 9, 2024:

1. What is the current number of family members of U.S. citizens and LPRs who are
considered documentarily complete and are awaiting a visa interview appointment?
2. How many visa cases has the Port-au-Prince embassy processed since July 2023?
a. Please provide the breakdown in types of visas that were processed during this
period.
3. How many Haitian Family Reunification Parole (HFRP) parole applicants have been
processed since August 2023?

27
The Guardian, “UK to share embassy premises with 'first cousins' Canada,” Lizzy Davies, September 24, 2012,
https://www.theguardian.com/global/2012/sep/24/diplomacy-embassy-buildings-uk-canada.
28
The Washington Post, “U.S. evacuating Americans from Haiti as humanitarian crisis worsens,” Widlore
Mérancourt and Amanda Coletta, March 21, 2024, https://www.washingtonpost.com/world/2024/03/21/haiti-
evacuation-american-citizens/.
29
U.S. Department of State, “Remarks by Secretary Anthony Blinken on Rising to the Challenge on Haiti:
Multinational Security Support Mission Ministerial Meeting,” February 22, 2024, https://www.state.gov/rising-to-
the-challenge-on-haiti-multinational-security-support-mission-ministerial-meeting/.

6
a. What percentage of those applicants have received parole?
4. What solutions are currently being considered by the State Department to address the visa
interview backlog?
a. Are any of the solutions under consideration currently being implemented?
b. Are any of the above listed solutions currently being implemented?
c. What is the implementation timeline for these plans?
5. Are consular officers in Haiti assigned to perform any non-consular functions?
a. If so, please share details about the non-consular functions performed by consular
officers at the U.S. Embassy in Haiti.
6. For I-730 beneficiaries who have been approved pending receipt of travel documents,
what accommodations (if any) is the State Department exploring to provide travel
documents electronically or otherwise avoid requiring beneficiaries to appear in person at
the U.S. Embassy?

We appreciate your attention to this important matter.

Sincerely,

Elizabeth Warren James P. McGovern


United States Senator Member of Congress

Seth Moulton Jake Auchincloss


Member of Congress Member of Congress

Ayanna Pressley Lori Trahan


Member of Congress Member of Congress

7
Katherine M. Clark William R. Keating
Member of Congress Member of Congress

Edward J. Markey
United States Senator

CC: The Honorable Ur Jaddou, Director of U.S. Citizenship and Immigration Services

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