Haitian National with Valid TPS and Pending Asylum Application Arrested at Cyril E. King Airport

ST. THOMAS – On Saturday, a Haitian citizen was arrested at the Cyril E. King airport on St. Thomas and charged with entering the United States illegally.

The affidavit from the Homeland Security Investigations Special Agent that provided details of the arrest stated that Enel Charles “presented himself for inspection” at the airport. Unlike the overwhelming majority of these affidavits, this statement did not indicate whether Charles was an incoming or outgoing passenger, nor did it state his destination or where he came from.

The affidavit does state, however, that Charles acknowledged being a citizen and national of Haiti, and that he presented “no documents evidencing being a citizen or national of the United States.” Charles declined to speak to Homeland Security officials in the absence of an attorney.

Records checks, however, revealed that Charles reportedly landed in St. John on December 29, 2023, “however, there are no records indicating that he was inspected by Customs and Border Protection officers in St. John or St. Thomas during that time frame,” the affidavit says.

Homeland Security personnel did, however, find a pending asylum application in the system, dated January 8, 2024 – 10 days after his arrival in the territory. Charles was also assigned an alien registration number by Citizen and Immigration Services. In August 2024, he was approved for Temporary Protective Status, which will not expire until February 3, 2026.

The arrest of Charles exemplifies a new policy approach by the current administration to use illegal border crossings as a pretext for the prosecution and removal from the country, despite any subsequent regularization of status by other arms of government.