22735: Walton: Bush establishes panel to aid Haiti - Will Haitians currently j ailed for illegal immigration get federal relief? (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: "Walton, Robert" <robert.walton3@us.army.mil>


There are two federal programs with potential for reducing the number of
Haitian refugees now held in custody pending deportation.  Neither is a
guarantee of permanent residency.  However, the Delayed Enforced Departure
can be implemented  by the President without "permision or consultation."

The question is whether the President, who needs to carry Florida in the
next election, has the political will to use this power on behalf of
Haitians who are politically less powerful than Cubans who largely oppose
the measure.  (I believe Governor Bush is also aware of this.)  Does the
solution lie in the  hope the Democrats win the election and proceed to "do
the right thing?"

Deferred Enforced Departure - This program is a prerogative of the President
of the United States. DED was first used in 1990 and has been used a total
of five times.  There are currently no countries (or parts thereof) that are
designated under the DED (Deferred Enforced Departure) program.

DED is a temporary protection from removal which is granted to aliens from a
designated country. DED is designated by the Office of the President of the
United States of America, as a constitutional power to conduct foreign
relations.

Temporary Protected Status- This program is run by the Department of
Homeland Security.

Temporary Protected Status (TPS) is a temporary immigration status granted
to eligible nationals of designated countries (or parts thereof). In 1990,
as part of the Immigration Act of 1990 ("IMMACT"), P.L. 101-649, Congress
established a procedure by which the Attorney General may provide TPS to
aliens in the United States who are temporarily unable to safely return to
their home country because of ongoing armed conflict, the temporary effects
of an environmental disaster, or other extraordinary and temporary
conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002,
Public Law 107-296, the authority to designate a country (or part thereof)
for TPS, and to extend and terminate TPS designations, was transferred from
the Attorney General to the Secretary of Homeland Security. At the same
time, responsibility for administering the TPS program was transferred from
the former Immigration and Naturalization Service (Service) to U.S.
Citizenship and Immigration Services (USCIS), a component of the Department
of Homeland Security (DHS). Haiti is currently not included among countries
which are designated under the TPS program.

I remain a skeptic-

The real question is whether the President, who needs to carry Florida in
the next election, has the political will to use this power on behalf of
Haitians who are a political underclass.  (I believe Governor Bush is also
aware of this but count on him to "study the issue.")

Is there a way?  If you can show numbers of deliverable votes and make it
well known that implementation of the DED for Haitians- PRIOR to the
election- will determine the direction of those votes, you've got a shot.
IMHO, I wouldn't count on EITHER party DOING much for your interests AFTER
the election.




Bob Walton