With the future of Temporary Protected Status (TPS) for Haitian nationals uncertain, a little-known congressional procedure may provide a solution.
In an interview with CTN’s Emmanuel Paul, immigration attorney Ira Kurzban urged TPS beneficiaries and their supporters to take immediate action by contacting their congressional representatives, especially Republicans, to support a discharge petition.
Kurzban’s appeal comes amid instability in the U.S. House of Representatives, where a narrow Republican majority and internal divisions have weakened leadership control. He believes this situation presents a rare opportunity for Congress to act and preserve TPS protections for Haitian immigrants.
“There is something very significant happening in Congress right now,” Kurzban said. He noted that Republicans control the House by only two votes, an unusually slim margin that has repeatedly challenged Speaker Mike Johnson’s ability to prevent bipartisan defections.
This weakness has been highlighted by the recent use of discharge petitions, a seldom-used tool that allows House members to bring legislation to the floor without leadership or committee approval. Kurzban noted that discharge petitions have succeeded twice, and possibly three times, in the past month, far more often than usual.
“In the last decade, this probably hasn’t happened at all,” he observed.
This development has significant implications for immigration policy, especially TPS.
A discharge petition allows lawmakers to bypass committees and bring a bill directly to the House floor if at least 218 members sign it.
If all Democrats support a measure, only two to five Republicans would need to join them to reach the required threshold. Kurzban considers this scenario realistic given the current partisan split.
“If two, three, or four Republicans join Democrats,” he said, “it can force legislation to the House floor.”
Once on the floor, a bill to extend or protect TPS could pass the House if Democrats remain unified.
TPS for Haitians at a Critical Juncture
Temporary Protected Status allows nationals from countries facing armed conflict, natural disasters, or extraordinary conditions to live and work legally in the United States. Haiti has received TPS designations multiple times due to political instability, natural disasters, and, more recently, increased gang violence and institutional collapse.
Despite these conditions, the Trump administration sought to end TPS protections for Haitians, leading to ongoing litigation and concern within the Haitian community. Hundreds of thousands of TPS holders now risk losing legal status and work authorization while Haiti faces a severe humanitarian and security crisis.
Kurzban maintains there is no factual or humanitarian basis for requiring Haitians to return under current conditions.
“There’s no basis to send people back,” he said, emphasizing that the push to end TPS is driven not by evidence, but by political ideology.
In this context, Kurzban urged TPS holders and their communities to contact their members of Congress, especially Republicans in districts with many TPS recipients, and request support for a discharge petition to protect Haitian TPS.
“One of the things people should be doing,” he said, “is pressuring those Republicans and asking them why they aren’t protecting people.”
Kurzban emphasized that district-level political pressure can be decisive, especially in competitive or swing districts where lawmakers are responsive to constituents.
He explained that the strategy focuses on persuading individual lawmakers to act independently, rather than relying on Republican leadership, given the urgency of the humanitarian issue.
Political Motivations Under Scrutiny
Kurzban was direct in addressing the motivations behind efforts to end TPS. He attributed the policy push to figures such as President Donald Trump, senior adviser Stephen Miller, and Homeland Security Secretary Kristi Noem, arguing that their approach reflects hostility toward Black and non-European migrants rather than an objective assessment of Haiti’s conditions.
Kurzban stated that this ideological agenda has replaced the humanitarian principles that typically guide TPS decisions.
“This has nothing to do with facts,” he said. “There’s just no basis in reality.”
Although these criticisms are politically charged, they reflect concerns from advocacy groups, human rights organizations, and international observers who warn that mass returns to Haiti would worsen regional instability and humanitarian suffering.
Even if a TPS extension passes the House through a discharge petition, it must still pass the Senate and be signed into law. Kurzban acknowledged that this path is challenging but possible.
“I think there is the possibility,” he said, “of getting enough Republicans in the Senate to pass something.”
He noted that TPS has historically received bipartisan support, especially when presented as a temporary humanitarian measure rather than a permanent immigration solution.
Kurzban expressed confidence that Democrats would support such legislation, as they have in the past. He emphasized that the key factor is whether Republicans are willing to break with party leadership under pressure from constituents.
Why Timing Matters
Kurzban’s call is urgent due to approaching deadlines for TPS holders. Without legislative or judicial action, many risk losing work authorization and legal protection, causing economic hardship for families and employers.
Kurzban warned that ending TPS would have broader economic and social impacts. Haitian TPS holders work in sectors such as healthcare, construction, hospitality, and elder care, which already face labor shortages.
He suggested that ending TPS would destabilize immigrant communities and harm the U.S. economy.
Kurzban described the discharge petition strategy as a test of democratic accountability. In a divided Congress with weakened leadership, organized public pressure can still influence outcomes.
“This isn’t impossible,” he said. “But people need to start putting pressure on their Republican representatives.”
For Haitian TPS holders and their allies, the message is clear: the effort has moved from the courtroom to Congress, and time is critical.
As lawmakers balance political loyalty and constituent demands, the future of TPS for Haitians may depend on grassroots mobilization in districts nationwide rather than partisan decisions in Washington.
