13619: Archer: Article Illegal Migrants Will Be Detained (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Merrie Archer <MArcher@nchr.org>

This is unbelievably bad news to all who have been working since last
December to obtain equal treatment for Haitian refugees in the US. On
Thursday, Bush promised equal treatment for Haitians and he's kept his
promise - only it's equal treatment through the complete suppression of our
obligations vis-à-vis refugee protection - and US law.


Illegal Migrants Will Be Detained
Fri Nov 8, 6:51 PM ET
By CURT ANDERSON, Associated Press Writer

WASHINGTON (AP) - The Bush administration announced Friday that Haitians and
others who attempt to enter the United States illegally by sea will be
detained and subject to an expedited process to send them back home.

An Immigration and Naturalization Service statement says that even the
perception that rules are being relaxed could spur a mass migration that
threatens U.S. national security.

"Any message that may encourage a mass migration and detract federal
resources from our homeland defense is unacceptable," the INS statement
says.

Although Justice Department (news - web sites) officials said the move was
made under existing authority, immigration activists said it marked a change
in that most Haitians no longer will be able to go free on bond while
awaiting the outcome of their asylum cases.

"This is terribly disappointing news," said Cheryl Little, an immigration
advocate in Miami. "Our government is changing the rules so they can justify
their discriminatory treatment of Haitians."

The INS statement says that illegal migrants will be placed in expedited
removal proceedings and will probably be detained during any appeals at the
discretion of the Justice Department. This would apply to anyone arriving
illegally by sea except Cubans, who are exempted under a 1966 law.

The statement follows the Oct. 29 arrival in Key Biscayne, Fla., of 211
Haitians and three Dominicans who waded ashore after their wooden boat ran
aground.

The INS is appealing bonds granted to many of these individuals, which would
allow them to go free until an asylum hearing is held. The statement says
the intent of the bond appeals and the administration policy is to clearly
discourage mass migration by sea to the United States and to prevent key
Coast Guard and Defense Department assets from being diverted to deal with
the arrival of more boats.

"Any actions by the government, including the release of these individuals,
may be interpreted by the smugglers as a victory," the statement says.

But Little, the immigration advocate, said the effect is to deny Haitians
their day in court, using national security as an excuse.

"We're not going to give up," Little said. "The discriminatory treatment of
the Haitians is so blatant now, and the excuses given by the INS are so
transparent, that it's subject to challenge."

The rules are expected to take effect sometime next week, officials said.


Merrie Archer
Senior Policy Associate
(954) 462 8231