17991: (hermantin)Miami-Herald-Haitian teen freed amid inquiry (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Posted on Sat, Jan. 17, 2004

IMMIGRATION
Haitian teen freed amid inquiry
A Haitian orphan who fears deportation back to Haiti is released from
detention, but still faces a U.S. government investigation into his claim
for refugee status.
BY JACQUELINE CHARLES
jcharles@herald.com

Federal immigration authorities Friday released Ernesto Joseph, an orphaned
Haitian teenager who has been at the center of a contentious legal battle
between the U.S. Department of Homeland Security and human rights advocates
fighting to protect child refugees.

Joseph, who arrived in Florida on Oct. 29, 2002, on an illegal boat from
Haiti, says he is 16. He has no home in Haiti and both of his parents are
dead. His attorneys have argued he deserves to stay in the United States
because as a homeless teen in Haiti, he could be killed or jailed if
deported.

The government, meanwhile, has continued to insist that he is 19, an adult,
and therefore subject to deportation. Though he was released to his uncle
Friday, immigration authorities said they will continue their investigation
into his true age.

`VERY HAPPY'

''I am very happy,'' Joseph said Friday, minutes after being greeted with
hugs and kisses by a dozen supporters at Krome, including his uncle.

Thanking the community for its support, he said there were times when he had
lost all hope.

''I passed a lot of misery,'' he said.

Supporters and family members, frustrated that he has been in custody for
months, just want the ordeal to end.

''It is outrageous,'' said Adelphin Pierre, who picked up his nephew from
the Krome detention center in Southwest Miami-Dade County on Friday evening.
``Fourteen months they have been abusing this child. I don't like it. I
don't like the way they have treated him. It's time for them to make a
decision.''

'GOOD-WILL' EFFORT

John Mata, field operations director with the Office of Immigration and
Customs Enforcement, said Friday the government's decision to release him
was a ''good-will'' effort.

''ICE has determined that in light of the continuing need to resolve
conflicting statements made by Mr. Joseph, it is in his best interest to
release him to the custody of his uncle until these conflicts can be
resolved,'' said Mata, who refused to say when the investigation will be
resolved. ``We believe this course of action is the most humane option at
this time until the facts can be resolved.''

Joseph arrived along with more than 200 other migrants who attempted to flee
Haiti and seek asylum in the United States. He is the last ''unaccompanied
minor'' from the group to be released amid growing criticism over the
treatment of children seeking asylum in America.

''It doesn't speak well of us to continue to treat and abuse children in
this way,'' said Marleine Bastien, a leading Haitian-American advocate who
has held at least a dozen marches demanding Joseph's release.

``We should take positive steps to have a more comprehensive and humane
policy . . . not only those coming from Haiti but from all over the world.
The time to do it is now.''

Joseph's journey through the immigration system has been nearly as
tumultuous as the risky voyage that brought him here.

Last year, an immigration judge granted him asylum, based on attorney's
arguments that as a homeless orphan, he would face persecution on the
streets of Haiti where children are often victimized or refused protection
by authorities.

Then, in August, the Board of Immigration Appeals overturned the judge's
ruling and with that, came an order to deport.

But attorneys and advocates continued to argue that an ''unaccompanied
minor'' cannot be deported back to Haiti and is eligible to apply for
refugee status as a juvenile.

They produced a copy of his birth certificate that they claim proves he is
just 16.

INVESTIGATION

In response, the government launched an extensive investigation involving
wrist and knee X-rays and dental exams to try to determine his age. The
results were not definitive.

''They have more than enough documentation to conclude that this is a minor
and they should have so concluded that a long time ago,'' said Cheryl
Little, executive director of the Florida Immigrant Advocacy Center. ``This
is not time for celebration. The difficult battle continues.''

Joseph will live with his uncle in Northwest Miami-Dade.

His release Friday culminated a confusing day. Early in the day, U.S. Rep.
Kendrick Meek, D-Miami, said he was told by high-ranking authorities that
Joseph would be released.

He shared that news with Joseph's lawyer and supporters. Later, an outraged
Meek said he learned the decision had been reversed.

Then, at 4:30 p.m., with little explanation, immigration authorities
announced in a news conference that Joseph would be released.

''The fact that he's going to be released to his uncle is a good thing. He
has been in detention through the holidays and prior to that time in
isolation,'' said Meek, who has followed Joseph's case and appealed for his
release. ``It's unfortunate immigration would not take the noose from around
this kid's neck. There is always strings attached. He's been yanked in and
yanked out of detention time and time again.''

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