08/13/2004

Hopes for political asylum for Haitians fleeing violence in their country have been shattered by a stark U.S. policy which prevents most Haitians from even entering the country to submit asylum applications. In implementing “Operation Able Sentry,” the U.S. Coast Guard intercepted and repatriated close to 2.000 Haitians fleeing the country by boat following violence which ousted elected President Jean-Bertrand Aristide at the end of February. Over 90% of those intercepted at sea were repatriated summarily to Haiti, without having an opportunity to be interviewed and describe their reasons for leaving Haiti. This clearly violates the obligations of the U.S. under the 1951 Refugee Convention not to repatriate asylum seekers to a country if their lives could be in danger.

As recently as August 9, the U.S. Coast Guard intercepted 20 Haitians who arrived by boat on Hutchinson Island off the coast of Florida. To illustrate the effectiveness of U.S. policy in deterring Haitian asylum seekers, the 20 Haitians detained this week were the first to reach U.S. shore via boat since February. All those intercepted are being detained at Krome Processing Center in Miami. These Haitians and others detained over the past year under US Department of Homeland Security policy have little chance of being granted political asylum.

This is the case despite a high level of political violence in Haiti. Ongoing political reprisals, including assassinations last month of police officers in broad daylight in downtown Port au Prince, the continued presence of ex-Army members in uniform in areas outside of the capital, and the escape of many known and wanted political prisoners exemplify the dangerous situation and the escalation of security threats in the country. As an example of the severity of the security context, the UN is currently on alert and will allow only essential staff to be present in the country or to travel outside the capital.

Haitians who have managed to arrive on U.S. soil face detention upon arrival. The Department of Homeland Security considers Haitian asylum seekers as a group “a threat to national security.” Since 2002 the Department of Homeland Security has ordered the detention of Haitians en masse. Although officially detained for 90 days before facing repatriation, many of the detainees at Krome Processing Center in Miami face indefinite detention. One 19-year-old, David Josef, has been in detention for two years, and is still awaiting a final decision on his asylum case. He continues to be detained despite guarantees from family members living in the U.S. and repeated requests for release on parole on humanitarian grounds.

Although this form of mass detention for an indefinite period violates the UN Protocol on Civil and Political Rights to which the United States is a State Party, the 11th Circuit Court of Appeals upheld the Attorney General’s detention of Haitian asylum seekers on the grounds of national security instead of ordering asylum judges to review each request for bond on an individual basis.

Refugees International spoke with several detainees at Krome who were afraid that they would be persecuted if they returned to Haiti, as well as repatriated detainees in Haiti. One man, Gerald, whom we met in Haiti, at first provided us with a false name to protect his identity. He met RI at a public location away from his home. He had not left his home since being deported, and was visibly afraid of being recognized. Another man, Victor, who was a detainee at Krome, informed RI that he was certain he would be killed if sent back to Haiti.

To complicate matters, many Haitian asylum seekers who are currently detained entered the U.S. on false documents because they were afraid of being recognized by political opponents and persecuted. These people are currently banned by U.S. legislation from ever receiving asylum, even if they have American born children in the United States. To rectify this problem, a group of Senators has introduced a bill, “The Haitian Refugee Immigration Fairness Improvement Act of 2004” (HRIFA). If the current situation prevails, it is estimated that up to five thousand parents of U.S. born children would face the choice of leaving their children behind in the U.S. or bringing them with them back to the country from which they fled.

Refugees International, therefore, recommends that:

• The U.S. Congress pass the Haitian Refugee Immigration Fairness Act of 2004 to ensure that Haitians who entered the United States on false documents are still able to receive asylum.
• The Department of Homeland Security extend Temporary Protective Status to all Haitians to ensure that they are not deported back to Haiti during the continued political turmoil.
• Haitians be granted parole pending consideration of their asylum cases, rather than being automatically detained.
• Haitians currently detained not be detained indefinitely and be treated in accordance with DHS Security Detention Standards.
  

Refugees International Human Rights Advocate Mamie Mutchler conducted a mission to Miami, Haiti, and the Dominican Republic focused on Haitian asylum seekers and internally displaced persons in July.