13522: Craig-Article: No relief for Haitians in revised INS policy (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Dan Craig <dgcraig@att.net>

Posted on Sat, Nov. 09, 2002
No relief for Haitians in revised INS policy
Swift removal to cover all illegal sea arrivals, except for Cubans
BY JACQUELINE CHARLES AND ANDREA ELLIOTT
jcharles@herald.com

Criticized for treating Haitian migrants differently from other foreign
nationals, the U.S. Department of Justice said Friday it will extend the same
strict detention and deportation rules to all other undocumented, sea-arriving
migrants except Cubans.

The policy, which calls for indefinite detention and quickened deportation,
dealt yet another blow to immigrant advocates who a day earlier had hoped
public pressure would persuade the Bush administration to ease the rules.

''This is terribly disappointing news,'' said Cheryl Little, executive director
of the Florida Immigrant Advocacy Center. ``Our government is changing the
rules so they can justify their discriminatory treatment of Haitians.''

The Bush administration, saying it wanted to discourage mass migration, put the
policy in place for Haitians after 185 arrived here last December.

Previously, all asylum-seekers who could demonstrate a ''credible fear'' of
persecution if returned home were routinely released while they sought asylum
through immigration courts.

After a boat with more than 200 Haitians landed near Key Biscayne last week,
activists and local officials called for the administration to restore the old
policy, noting that it still applied to non-Haitians.

On Friday the government said it will now make all migrants arriving by sea --
except for Cubans -- subject to the new rules.

The overall impact, say immigration advocates: Asylum cases will be moved more
quickly, giving migrants less of a chance to secure attorneys.

Advocates on both sides of the immigration debate agree that Haitian and
Dominican migrants will be hardest hit by the decision because they tend to
enter the United States in large numbers by boat.

Mark Krikorian, executive director of the Center for Immigration Studies, said
that while he is pleased with Friday's decision, Americans should not interpret
it as a tightening of immigration policy.

POLICY SIGNALS

''If they had caved in to the pressure in the streets, that would have been a
sign they were loosening immigration policy. This is more a matter of holding
the line rather than tightening up,'' said Krikorian, whose group advocates for
tighter immigration laws.

If the decision demonstrates anything, Krikorian said, it's that Cubans -- not
Haitians -- are treated differently.

``If there is a political message to be taken from this, it's the Cubans need
to get treated the same way the Haitians are as well, and then we would have
real consistency.''

HOPES RAISED

On Thursday, President Bush sparked hope among immigrant advocates when he
said:

``The immigration laws ought to be the same for Haitians and everybody else,
except for Cubans. And the difference, of course, is that we don't send people
back to Cuba because they're going to be persecuted.

``And that's why we've got the special law on the books as regards to Cubans.
But Haitians and everybody else ought to be treated the same way. And we're in
the process of making sure that happens.''

But such hopes were dashed Friday when Haitian leaders learned about the policy
change during an emergency meeting with the INS.

''Are they saying they care more about the Cubans?'' asked Marleine Bastien,
executive director of Haitian Women of Miami. ``This administration is spending
a lot of resources going after Haitian immigrants and refugees instead of going
after the real terrorists.''

Federal immigration officials said Friday's decision is partly meant to allow
the Coast Guard and Defense Department to concentrate more on national
security.

Even the perception that rules are being relaxed could spur a mass migration
that endangers lives and diverts resources, Justice Department spokesman Jorge
Martinez said in a statement.

`MASS MIGRATION'

''This policy is not based on any specific nationality, but rather by the clear
threat posed by a mass migration,'' the statement said. ``Any actions by the
government, including the release of these individuals, may be interpreted by
the smugglers as a victory and encourage further criminal smuggling activity.''

Cuban nationals are exempt under the 1966 Cuban Adjustment Act, Justice
Department officials said.

Despite Bush's statement that the United States doesn't send Cubans back, U.S.
policy calls for Cubans who don't set foot on dry land to be sent back
immediately.

In October alone, the Coast Guard repatriated 136 Cubans who were intercepted
at sea while heading for the United States.

SOME GOOD NEWS

There was some good news Friday for Haitian advocates. The INS agreed to
release without bond two pregnant women from last week's boat passengers.

It was unclear whether the women were reunited with their American families
Friday night. However, more than 200 from last week's group remain in custody.

An immigration judge has granted bond to more than two dozen of them, but the
INS is appealing, meaning that the migrants will stay locked up for now.

EFFECTIVE DATE

The new rule will take effect Wednesday, when all undocumented non-Cuban
migrants who arrive in the United States by sea will be detained without bond
and placed in ``expedited removal.''

U.S. Congressman-elect Kendrick Meek, D-Miami, says he fears the policy will
exacerbate tensions in South Florida's immigrant communities, especially
between Cubans and non-Cubans, and have a huge economic impact on taxpayers.

''Our community will not be able to grow in harmony and understanding about one
another, and it's going to be a contentious issue for years to come if we do
not have a sensible approach. This is not sensible,'' Meek said.

Herald staff writer Hector Florin contributed to this report.

http://www.miami.com/mld/miamiherald/4479090.htm