a1785: Miami Herald: INS Policy Unfair to Haitians (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: JD Lemieux <lxhaiti@yahoo.com>


Miami Herald

 Posted on Wed, Apr. 24, 2002

MISGUIDED INS POLICY
UNFAIR TO HAITIAN ASYLUM SEEKERS

The U.S. Immigration and Naturalization Service continues
to detain Haitian asylum seekers, denying them a fair shot
at winning their cases on merit. The policy is
discriminatory and wrong. It also is ''contrary to the
norms and principles of international refugee law,''
according to the Office of the United Nations High
Commissioner for Refugees.

The commission's opinion comes as local immigration
advocates have sued for release of the Haitian refugees.
The lawsuit, which seeks class-action status, charges that
the INS has singled out Haitians for mistreatment because
of their race and nationality. It also accuses the INS of
constitutional violations.

The INS says the Haitians haven't been officially admitted
to the United States, don't have constitutional protections
and that releasing them is contrary to ``the public
interest.''

The policy has been in place since Dec. 3, when 165
Haitians were brought ashore from an overcrowded boat that
foundered near Miami. Now in INS custody, most have been
found to have credible fear of persecution. After passing
this hurdle, other nationalities are generally released to
pursue their cases.

But the Haitians, who now number more than 240, remain
locked up and subjected to expedited asylum proceedings.
The situation ensures that most Haitian refugees won't be
able to find a lawyer, gather necessary documents or
prepare adequately to argue the merits of their asylum
petitions.

For those fortunate enough to have obtained pro bono
attorneys, contacting them has become increasingly
difficult. That's what attorneys say after having to wait
hours to see Haitian clients at INS's Krome detention
center and in a county jail.

In court documents, the INS says that its policy is
designed to deter a Haitian exodus. Federal officials were
concerned ''that paroling the migrants from the Dec. 3
vessel might cause others to attempt dangerous maritime
departures . . . or trigger a mass migration,'' said
Michael Becraft, INS's Acting Deputy Commissioner. Thus,
the harsh new policy.

Haitians seeking refuge from threats of death, rape,
beatings and other political persecution now get locked up.
They remain jailed at taxpayer expense until deported or
granted asylum -- processes that take months or years.

Using detention to deter asylum seekers ''frustrates the
ability of individuals to escape harm and seek safety
elsewhere,'' and ''cannot be justified,'' the U.N.
commission's report said. The detentions violate
international treaties that bind the United States,
according to the report.

It says that: ``The practice . . . of using detention as a
means of detering asylum seekers from seeking protection in
any given country or to penalize asylum seekers for their
unlawful entry is contrary to the norms and principles of
international refugee law.''

The INS policy is discriminatory and inhumane. The agency
shouldn't wait for a court order to make the morally
correct decision. It should treat the Haitians the same as
it does other asylum seekers whom it finds eligible. The
INS should release them.



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