Restrictive Language on I-94s issued to Certain Haitians

October 1, 2015

The purpose of this Letter is to inform ORR grantees and service providers about language that appears on I-94s issued to certain Haitians paroled by Immigration and Customs Enforcement (ICE) of the U.S. Department of Homeland Security and to advise on proper handling of such cases.

Background
ICE has issued I-94s to certain Haitians that indicate parole, but which also contain the following machine-printed language:

“This form does not convey authorization to receive any type of public benefit.”

Discussion
A Haitian with a current or expired parole meets the definition of Haitian Entrant and is eligible for ORR benefits and services the same as a refugee.¹ An I-94 of a Haitian that indicates a current or expired parole is documentary evidence of Haitian Entrant status. The presence on the I-94 of the language cited above does not alter or override ORR’s regulations or guidance. Such language does not invalidate the I-94 indicating parole as documentation nor does it render the paroled Haitian ineligible for ORR benefits and services.

If you have any questions about this Letter, please contact Thomas Pabst at 202.401.5398 or by email at Thomas.Pabst@acf.hhs.gov

For additional information about documentation for ORR benefits, please see State Letters 10-03, 1-22, and PL16-01.

Robert Carey, Director
Office of Refugee Resettlement

Footnote

1. See Refugee Education Assistance Act of 1980, title V, Pub. L. 96-422, as amended (8 U.S.C. 1522 note) and 45 CFR §400.43(a), 45 CFR §401.2.