August 27, 2010
President Barack Obama
The White House
1600 Pennsylvania Avenue
Washington DC 20500
Re: TPS designation for Pakistan
Dear Mr. President:
I am writing to you on behalf of a host of Pakistani-American organizations and individuals to
draw your attention to yet another compelling humanitarian need in the context of the ongoing
devastation caused by the flooding in Pakistan.
I am sure I don't need to recount the magnitude of the destruction and human sufferings of the
people of Pakistan at this most challenging time in their nation's history. The urgency with which
the US stepped forward to help and the commitment it made under your leadership for the future
reconstruction of Pakistan speak volumes. As a fellow human being, the pain in your voice while
mentioning the plight of the Pakistani people at many forums shows your caring and
compassionate attention to this catastrophe.
While the flooding has physically impacted millions in Pakistan, many millions more suffer from
emotional agony and anguish abroad. Pakistanis living in the US are no exception, especially
those Pakistanis who have no immigration status in the US. Not only do they feel the pain of the
devastation befallen their family members, relatives, friends, neighbors, countrymen, women and
children, they also face insecurity, fear deportation, and are exposed to extreme hardship for
lacking the permission to travel and work in the US, at this agonizing time.
Pakistanis, who are living in the US without any legal status, need to be urgently protected on
humanitarian grounds. In these most challenging times, instead of fearing deportation, facing
overseas traveling restrictions, and encountering the likelihood of losing everything they saved
and built to support a livelihood for themselves and their families, such Pakistanis shall be
afforded legal protection, called Temporary Protected Status (TPS), which is currently available
under US immigration laws. By all counts, these Pakistanis are eligible for TPS and thus they
should be given such temporary legal protection urgently so that they can focus on extending
their financial help to the victims of the flooding in Pakistan, instead of becoming a burden on
them.
It is a matter of deep concern for human rights organizations and Pakistani- Americans that
Pakistan has not yet been designated for TPS status. Not long ago, when Haiti was hit by a
massive earthquake, it was given a TPS country status in less than three days. The earthquake
took place on January 12, 2010, and the TPS designation was announced by the Secretary of the
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Homeland Security, Janet Napolitano on January 15, 2010. It was a timely decision. Such a
timely decision is needed once again. It is urgently needed for a catastrophe which is many folds
more devastating. It is estimated that two thousand people during the last few weeks have lost
their lives in Pakistan.
As you know, the US has given such protected status to citizens of many countries in the past
who were unable to return to their devastated countries in various catastrophic situations for a
variety of reasons. Presently, nationals of Haiti, El Salvador, Honduras, Nicaragua, Somalia, and
Sudan are beneficiaries of the relief provided under TPS. It is important to know that no new
legislation is needed to designate Pakistan for the benefits under TPS. The law pertaining to such
relief already exists.
Pakistan needs such designation. Over a million homes have perished and approximately 20
million people have been displaced. According to the UN estimates, an area over 160,000 square
kilometers has been deeply affected as a result of the flooding, more than the combined area
affected by the 2004 Indian Ocean tsunami, the 2005 Kashmir earthquake and the 2010 Haiti
earthquake.
In the words of U.N. Secretary-General Ban Ki-moon, during his emergency trip to affected
areas "…This has been a heart-wrenching day for me. I will never forget the destruction and
suffering I have witnessed today. In the past I have witnessed many natural disasters around the
world, but nothing like this." The United Nations has recently estimated that millions of
Pakistanis are at risk of deadly waterborne diseases. The World Health Organization says around
six million people—over half of them children—face the threat of cholera and dysentery, as well
as typhoid and hepatitis.
In addition to unprecedented human sufferings, the Pakistani economy has been debilitated by
the far-reaching damage. What does this devastation mean for Pakistan? According to a
preliminary estimate, structural damages are estimated to exceed 4 billion USD, and wheat crop
damages are estimated to be over 500 million USD. Officials estimate the total economic impact
to be as much as 43 billion USD. More than 1,400,000 acres of cropland in Punjab and Sind has
been completely destroyed, including the destruction of 700,000 acres of cotton, 500,000 acres
of rice and cane, 500,000 tons of wheat and 300,000 acres of animal fodder.
The impact on the Pakistani textile industry is horrendous as the flooding has already destroyed 2
.5 million bales of cotton. The devastation does not end here. The blow to the power
infrastructure of Pakistan is equally severe, resulting in extensive damage to 12,000 transmission
lines, transformers, feeders and power houses in different flood hit areas, according to a latest
report. Another major public safety concern emerge from the fact that a large number of
unexploded mines and artillery shells have been flushed down stream by the floods from areas
in Kashmir and Waziristan and scattered in low lying areas, posing a future risk to returning
residents, as reported by International Red Cross. Threats to public health are a nightmarish
scenario. The danger of wide spread epidemics and outbreaks of diseases, such as gastroenteritis,
diarrhea, and skin diseases is real due to lack of clean drinking water and sanitation. All this just
seems to skim the tip of the iceberg.
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As you well know, in 1990, US Congress established a procedure by which the Attorney
General may provide TPS to immigrants in the United States who are temporarily unable to
safely return to their home country due to armed conflicts, environment disasters, or other
extraordinary humanitarian situations. The procedure was created under the Immigration Act of
1990. But on March 1, 2003, the authority to designate a country for TPS was transferred from
the Attorney General to the Secretary of Homeland Security. The Secretary of Homeland
Security may designate a foreign country for TPS after consultations with the Secretary of State
due to conditions in the country that temporarily prevent the country's nationals from returning
safely, or in certain circumstances, where the country is unable to handle the return of its
nationals adequately.
Pursuant to the Homeland Security Act of 2002, during a designated period, eligible individuals
cannot be deported from the United States. Nor can they be arrested and detained for
immigration violations by the Department of Homeland Security. Furthermore, under the Act,
eligible individuals can obtain a work permit and may apply for travel authorization. The legal
relief of such nature, even though temporary, can be of tremendous help to people in distress.
This is exactly what Pakistanis without legal status need in the US.
Therefore, it is respectfully requested that Pakistan be urgently designated a TPS country. It will
pave the way for undocumented Pakistanis in the United States to come out from under the
crushing burden of being lost in social and economic oblivion. Such country designation will
further assist them to get mobilized to help their families and friends in Pakistan, pay their taxes
in the US, and get themselves registered with USCIS. Kindly note that the request made in the
letter at hand is fully supported by a broad range of political, civic, human rights, professional,
and civil society organization, both in the US and Pakistan.
Very truly yours,
Saleem S. Rizvi
Attorney at Law
225 Broadway, 40th Floor
New York, NY 10007
Phone: (212) 732-4336
Facsimile :( 212) 267-9323
Email: Rizvi@rizvilaw.com
Chief Organizer,
Pakistani-American Center for Law & Justice ( PacLaJ)
Endorsed by: Imtiaz Syed, Attorney at law, Shakeel Kazmi, Attorney at Law, Inyat Sheikh,
Attorney at Law, Lutafullah Sheikh, Attorney at Law, Zahoor Wani, Attorney at Law, Saba
Hussain, Attorney at Law, Osama Siddique, Attorney at Law.
cc:
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The Honorable Hillary Rodham Clinton
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, D.C. 20520
The Honorable Janet Napolitano
Secretary of Homeland Security
U.S. Department of Homeland Security
3801 Nebraska Avenue, N.W.
Washington, DC 20528
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