The Inter-American Commission on Human Rights (IACHR) Monday expressed concern over the risks faced by Haitian nationals following the termination of Temporary Protected Status (TPS) in the United States, particularly in light of the ongoing human rights and humanitarian crises in the French-speaking Caribbean Community (CARICOM) country.
The IACHR, a principal, autonomous body of the Organization of American States (OAS), is calling on the United States to ensure international protection when there are substantial grounds to believe that the return of the Haitians ‘would expose them to a serious risk of violations of their rights to life or personal integrity, as well as to guarantee access to procedures to identify and address such risks’.
The IACHR said that the TPS is a form of temporary protection under US law that may be granted when conditions in a country prevent its nationals from returning safely or, in certain circumstances, where the country is unable to handle returning persons adequately.
It said this includes ongoing armed conflicts, environmental disasters, epidemics, or other extraordinary and temporary conditions.
Haiti was initially designated for TPS in 2010 following the earthquake that struck the country. This designation was subsequently extended and modified considering evolving conditions in the country. In 2021, U.S. Department of Homeland Security (DHS) and the Department of State (DOS) reviewed the conditions in Haiti determining that the country was grappling with a deteriorating political crisis, violence, and a staggering increase in human rights abuses. The IACHR said that based on that review, a new designation was granted for an additional 18 months.
On June 27, 2025, the DHS Secretary announced the ending of Haiti’s TPS designation with the IACHR saying this decision would affect Haitian nationals and persons having no nationality who last habitually resided in Haiti.
It said on June 25, 2026, the Supreme Court of the United States allowed the termination of Haiti’s TPS to take effect and on August 5, this year, a decision by the US District Court for the District of Colombia confirmed that DHS may proceed with the termination.
Following these decisions, the US authorities determined that Haiti’s TPS designation is terminated, effective July 27, 2026.
The IACHR said that even though the U.S. authorities determined that the conditions in Haiti no longer meet the statutory requirements for TPS, it considers that this determination must be assessed considering the prevailing conditions on the ground.
‘The situation in Haiti continues to be confronted with dire challenges to citizen security, individual protection, and enjoyment of human rights, which may significantly impact those returned to the country.
‘In 2026, gangs were estimated to control 80-90 per cent of Port-au-Prince, with their presence extending to the Artibonite, Centre, and South-East departments.’
The IACHR said that in this context, data from the United Nations Integrated Office in Haiti (BINUH), highlights that, despite ongoing security operations aimed at restoring state control over certain areas, between March 6 and July 31, this year, at least 613 people were killed and 375 were injured in gang related clashes in La Plaine de Cul-de-Sac, including parts of Cité de Soleil within the metropolitan area of Port-au-Prince.
BINUH also reported that, as of May 13, this year, 1.47 million people were internally displaced in Haiti, representing 12 per cent of the population and a oe per cent increase since December 2025; women and girls accounted for 54 per cent and children for 51 per cent of those internally displaced.
During the same period, 1,880 cases of gender-based violence were recorded, of which 71 per cent involved rape and sexual assault. Violence, including gender-based violence, internal displacement, and funding gaps continued to disrupt access to basic social services. As of June 15, only 25 per cent of the US$880.3 million required under the 2026 Humanitarian Response Plan had been funded.
The IACHR said that while elections are scheduled for December 13, 2026, and February 21, 2027, it considers that further efforts are still required to restore democratic institutions and strengthen State capacity to ensure the effective protection of human rights, including for persons returned to Haiti.
‘Additionally, the Commission is concerned that the return of those affected by the termination of the TPS may place additional pressure on Haiti’s resources and institutional capacity, with potential implications for the exercise of political rights, the electoral process and the efforts for the political stabilization of Haiti.’
In its Resolution No.02/21, the IACHR recognized the multidimensional nature of the Haitian crisis and called on states in the region to adopt measures aimed at the comprehensive protection of the human rights of Haitians in mobility, based on the principles of equality and non-discrimination, international solidarity, and shared responsibility.
‘IACHR has consistently recognized states’ authority to establish their migration policies and determine the conditions governing entry, stay, and departure from their territories. However, it recalls that the exercise of this authority must comply with States’ international human rights obligations.
‘In this regard, all migration policies, laws, and practices must respect and guarantee the human rights of persons in human mobility, regardless of their migration status.’
It said that under international law and the Inter-American human rights standards, the United States ‘is bound by the principle of non-refoulement, which prohibits returning an individual to a country where their life, integrity, or personal liberty would be at risk of violation.
‘This principle is a peremptory norm of international law and admits no derogation. Additionally, the Commission emphasizes that expulsions and deportations must be individually assessed, comply with due process, and provide access to effective remedy.
‘Furthermore, the IACHR reiterates that the United States should provide access to refugee procedures and complementary forms of international protection, as well as other mechanisms to create regular, safe, accessible and affordable channels to receive permanent, regular migration status, including humanitarian measures, family reunification, and special regularization programmes,’ the IACHR added.