US Discriminatory Immigration Policy Toward Haitians

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By Stephen Lendman (about the author) Page 3 of 5 page(s)

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"A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country."

Refugee-seeking persons are "asylum seekers." Post-WW II, the UN High Commissioner for Refugees (UNHCR) was created to help them. To gain legal protection, individuals must:

-- be outside their country of origin;

-- be afraid of persecution;

-- be harmed or fear harm by their government or others;

-- fear persecution for at least one of the above cited reasons; and

-- pose no danger to others.

In the 1980s, Haitians fared no better than earlier. From 1981 - 1990, 22,940 Haitians were interdicted at sea, yet only 11 qualified for asylum compared to tens of thousands of Cubans who automatically get it if they reach South Florida.

After the September 1991 coup against Aristide, the OAS's strong condemnation forced the first Bush administration to soften its policy slightly, but not much. By November 11, about 450 Haitians were in detention while the State Department sought a regional solution, and the UN High Commissioner for Refugees arranged for several Latin countries (including Belize, Hondorus, Trinidad, Tobago, and Venezuela) to provide temporary safe havens. Still hundreds were forcibly returned and thousands more interned at Guantanamo.

By May 1992, citing an inflow surge that month, president Bush ordered all Haitian boats interdicted and peremptorily returned without determining if their occupants were at risk of persecution. Repatriation continued until Bill Clinton offered to process arrivals at a regional location, but only as it turned out for three weeks because the flow was much greater than expected. Thereafter, refugee processing was suspended with arrivals offered regional "safe havens" but no option for US refugee status.

In October 1998, under the newly enacted Haitian Refugee Immigration Fairness Act (HRIFA), eligible Haitians (who filed asylum claims or entered the US before December 31, 1995) were allowed to live and work in America permanently without applying for an immigrant visa in advance from overseas.

However, under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), aliens arriving in America without proper immigration documents are immediately processed for removal. If they fear persecution, they're kept in detention until an asylum officer determines the threat's credibility. In 2005, 1850 interdicted Haitians were sent to Guantanamo. Only nine got hearings and of those, one man got refugee status.

Under the 2002 Homeland Security Act, at least five separate agencies handle Haitian migrants:

-- the Coast Guard for interdictions;

-- Customs and Border Protection for apprehensions and inspections;

-- Immigration and Customs Enforcement (ICE) for detentions; and

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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