By Olympia Duhart

An earthquake in Haiti? After hurricanes, persistent poverty, political strife and racist US immigration policies, even the possibility of an earthquake striking this island nation seemed too much. Yet the quake that struck on January 12 – estimated at 7.0 in magnitude – was real.

And so was the devastation. Reports indicate that at least one-third of the country’s population, approximately three million people, were impacted by the earthquake. As is the case in many earthquakes, the death toll is still uncertain. According to the latest estimates, more than 200,000 people are dead. The stream of video from CNN makes clear that this is one of the worst natural disasters ever in the western hemisphere. The injury, death and destruction have been unprecedented. It had been 200 years since an earthquake struck Haiti, and the already compromised infrastructure on the island compounded the problem presented by the quake.

Around the world, people have stepped up to help. We used our cell phones to make pledges. We dropped off water and canned food. We wept when Wyclef Jean sang out to us in Creole. We made donations we thought we couldn’t even afford. Behind the scenes, hundreds of people are also working quietly to offer a different kind of assistance to Haiti. In churches, community centers and law offices around the United States, volunteers are meeting to help thousands of Haitians make good on a new offer from a new President. It is an important act that comes with its own set of risks and rewards.

Shortly after the earthquake, the Obama administration granted temporary protected status, or TPS, for at least 100,000 Haitian immigrants living in the United States without proper documentation. The special status would also extend to about 30,000 Haitians who had been ordered deported. The status is only offered to Haitians in the United States as of January 12, 2010, the day the earthquake struck.

The move from President Obama’s administration quickly earned praise from members of Congress and human rights advocates. Not surprisingly, the extension of TPS also stirred the ire of xenophobes who fear a mass Haitian exodus. Most importantly, it raises several questions that should be considered.

Why is the TPS so important? First, it allows undocumented Haitians to live here and work legally. One commentator described the benefit of a working Haitian national in the United States as a sort of “foreign-aid” that facilitates remittances to those still on the island. Even if you reject that characterization of the benefit of a legally employable Haitian immigrant, it is hard to argue with the value of helping people who want to help themselves – and the people they love. The TPS is not outright amnesty, but it allows undocumented Haitians an 18-month intermediate immigration status. It is also a compassionate act that recognizes that sending people back to a land of destruction violates basic human rights.

TPS is not a new concept. Immigrants from other countries – including El Salvador, Honduras, Nicaragua, Somalia and Sudan – have been granted special TPS following catastrophes or conflict that would make deportation dangerous. For years, Haitian-American activists and immigrant advocates have been calling for TPS for Haitians.

Now, activists are encouraged by the TPS designation finally in place for Haiti, but note that there is still much work ahead.

“This is the first step, but we need to be really vigilant about the broader policy for Haitians,” said Raquel Aldana, Professor of Law and Director of the Pacific McGeorge Inter-American Program, and Co-President of the Society of American Law Teachers. “I don’t think TPS is a perfect answer to everything, but I do think it gives communities certain stabilities because they don’t have to worry about being deported tomorrow.”

How will TPS work? The Secretary of Homeland Security has designated Haiti for TPS for a period of 18 months. Historically, TPS is generally extended. The status only applies to people who can prove they were continuously physically present in the United States the date the earthquake struck, and requires filing fees, documentation and an approved application form. The application for employment must also be completed for those who want to work. The process can take up to five months. It is not without its own set of risks and limitations.

For example, the completion of an application for TPS and a work permit requires documentation. People who have survived by carefully living under the radar must show their hands, offer their home addresses and provide information on family members. For many, sharing such information with federal officials presents a frightening proposition.

Next, will TPS help everyone? Immigration experts say TPS is not a panacea for all Haitian immigrants seeking a new life in the United States. TPS applicants must qualify. That means no prior felonies. Two or more misdemeanors in the United States will also disqualify an applicant. For some people, the application fee alone will be cost prohibitive. It can be as high as $470. That’s why so many lawyers and law students have been working around the clock to help applicants complete their paperwork, in many cases for free. Some attorneys are reducing their fees, others are working pro bono, and some are working to help applicants complete a fee-waiver request from the government. Many are also working to overcome a language barrier.

Denise L. Baker, a South Florida attorney, has already spent several days offering pro bono assistance helping Haitian TPS applicants since the earthquake. She’s volunteered to help, she says, because she wanted to do more than just sit and watch the devastation unfold.

“I watched the news reports on CNN and I stopped watching after a while and decided I needed to do something more,” she said. “I’ve watched folks advocate for TPS for Haitians prior to the issue of the earthquake and thought this was an opportunity for change.”

TPS has been an issue for Haitian advocates for some time. Although several other countries have already benefited from the status, the United States had long refused to grant status to undocumented Haitian immigrants. Until now.

What took so long? Haiti is the poorest nation in the western hemisphere. The infrastructure has been decimated. The country is not equipped to deal with the public health challenges ahead as it starts to rebuild. The United States has responded by pledging $100 million in aid. Other nations, non-profit organizations and almost everyone with a cell phone has made an effort to offer assistance. Of course these are all critical and invaluable measures. But the temporary protective status extended by President Barack Obama has a special value for people who fear deportation to a crippled homeland.

Despite the challenges in place, TPS for Haiti is one positive step in the right direction. The temporary protective status for Haitians is long over-due and should be the first in several moves the United States should extend toward Haiti with the promise of meaningful assistance.

Olympia Duhart is an Associate Professor of Law at Nova Southeastern University in Fort Lauderdale, where she teaches Constitutional Law, Women and the Law and Lawyering Skills and Values. She is also a member of the Society of American Law Teachers.