Haiti Earthquake Legal Resources
News and Information
The American Bar Association Center on Children and the Law, in collaboration with the ABA Family Law Section and Section of Litigation, and the American Academy of Adoption Attorneys, are hosting a free Webinar on Wednesday, September 8, 2010 on the topic, “How Attorneys and State Court Judges Can Aid in Finalizing Adoptions for Haitian Children Now in the U.S.” For more information and to RSVP, please click here.
TPS Registration Period Extended Through January 18, 2011
Initially, the 180-day registration period for nationals of
The U.S. Government Accountability Office (GAO) has launched a new webpage highlighting its work on U.S. domestic and international disaster relief. The webpage will make it easier to find GAO reports and testimonies that can help Congress and the Administration make informed decisions on U.S. aid to Haiti following the recent earthquake and develop strategies to address other natural disasters in the future.
Donating
IRS Tax Treatment of Haitian Relief
On January 22 the Internal Revenue Service issued guidance that designates the earthquake in Haiti as a qualified disaster for federal tax purposes. The guidance allows recipients of qualified disaster relief payments to exclude those payments from income on their tax returns. Also, the guidance allows employer-sponsored private foundations to assist victims in areas affected by the January 2010 earthquake in Haiti without affecting their tax-exempt status.
IRS announces that people who give to charities providing earthquake relief in Haiti can claim these donations on the tax return they are completing this season. Taxpayers who itemize deductions on their 2009 return qualify for this special tax relief provision, enacted Jan. 22.
Avoiding Charity Fraud
In the wake of a major disaster such as the devastating earthquake in Haiti, there are increasing reports of fake charities. Be sure to verify the legitimacy of a charity organization before donating.
The ABA Tax Law Section provides a checklist to consider, especially before donating to a group unknown to you.
The Federal Trade Commission also provides useful tips and resources to help you Avoid Charity Fraud.
There are websites available to help you research the charity before you donate.
Immigration
On January 21, 2010 the Secretary of Homeland Security designated for temporary protected status (TPS) for a period of 18 months. On July 12 the registration period for filing for TPS was extended through January 18, 2011. Haitian nationals (and aliens having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since January 12, 2010, and who remain in continual physical presence in the US from this date may now apply for TPS through January 18, 2011. These nationals also may apply for employment authorization documents and for permission to depart from and return to the United States, and fee waivers are available. Please click here for more information.
Resources on TPS
- Obtaining TPS for Your Haitian Clients, JoNel Newman, University of Miami School of Law
- US Citizenship and Information Services TPS- Haiti
- American Bar Association Commission on Immigration – Fight Notario Fraud
- American Immigration Lawyers Association – TPS Resources
- Immigration Defense Project – Past Criminal Conviction and TPS
Pro Bono and other Training Opportunities
- American Immigration Lawyers Association, Late Breaking Seminar
- Lutheran Immigration and Refugee Services, Applying for TPS for Haitians (materials from Jan. 22 on-line training)
ABA Rule of Law Initiative
The ABA Rule of Law Initiative is recruiting lawyers, judges, and court administrators for an anticipated legal reform project in Haiti.
For information on the positions and how to apply click here.
ABA President's Statement on the Haitian Earthquake
ABA President Carolyn Lamm announces creation of Haiti Legal Development Fund
The outpouring of private support for Haiti humanitarian relief efforts has been outstanding, but the need remains overwhelming. I urge members of the bar to continue supporting these efforts through organizations such as the American Red Cross, the United Nations Children’s Fund, Doctors Without Borders, and others.
At the same time we must look to Haiti's future, particularly its legal and judicial sectors. Judges, lawyers, and other legal professionals are among the countless dead, missing and displaced. Courthouses and law schools have been damaged. And legal documents have been destroyed or are lying under rubble. Even before the earthquake struck, the international community was assisting Haiti reform its judicial system.
I am honored to announce that the ABA Fund for Justice and Education has created the Haiti Legal Development Fund. The fund will support ABA initiatives and pro bono efforts that will assist the Haitians in rebuilding and reforming the Haitian legal and judicial sector. One such effort is being undertaken by the ABA Rule of Law Initiative. If you are interested in participating, please visit www.abarol.org.
I ask that all members of the bar and others contribute to humanitarian efforts as well as to the Haiti Legal Development Fund.
The American Bar Association stands with the people of Haiti and the Haitian legal community. We are ready to assist in whatever way we can with the recovery and the reestablishment of the rule of law and a functioning justice system in Haiti.
February 2, 2010
Advocating for Displaced Children and Families
Adoption
On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts.
US is evacuating and processing orphans identified for adoption by US Citizens prior to the earthquake.
General information, inter-country adoption, Haiti
Education
Schools in the United States are already seeing students displaced by the earthquake in Haiti. The ABA Commission on Homelessness and Poverty provides information to help advocates for these children ensure their immediate enrollment in public services and to secure additional public support.
State/Local Bars and Law Firms Spearhead Fundraising
Like the ABA, many state and local bars are encouraging their members to donate to Haiti relief efforts. Among others, these include:
- The Florida Bar Foundation's Executive Committee approved $297,000 of legal aid in grants to be distributed among eight grantees of the Foundation to assist Haitians apply for Temporary Projected Status
- The Florida Bar: Members asked to donate the equivalent of one billable hour
- Minnesota State Bar Association and Minnesota Association of Black Lawyers collaborate to create Haiti Earthquake Relief Fund
- Ohio State Bar Association: Ohio's Disaster Relief Efforts can make a Difference
- Bar Association of San Francisco
Law firms from across the country are also supporting relief through direct donations, use of firm foundations, and matching employee contributions.
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