a1950: INS VIOLATING HUMAN RIGHTS OF HAITIANS (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: JOSE PEREZ <miamitimesperez@hotmail.com>

INS VIOLATING HUMAN RIGHTS OF HAITIANS
(MIAMI TIMES19 APR 02)

Community leaders assembled under the hot glare of the sun outside of the
Krome Detention Center last week to bring further attention to the latest
case of anti-Haitian bias within the Immigration and Naturalization Service
(INS).  The mayors of both Miami-Dade County and North Miami were among
approximately 15 civic dignitaries, activists, and attorneys who held a news
conference outside of the main gate of INS’ holding compound on Krome Avenue
in the Everglades in an effort to turn up the heat on federal officials.

Over two hundred Haitians are being detained indefinitely by the federal
government at Krome, the Turner Guilford Knight Stockade, and an area motel.
  Many of approximately 160 refugees have been held since their arrival in
early December after fleeing a rapidly detiorating political situation in
Haiti.  Activists and lawyers representing a group of the Haitians that have
filed a class action lawsuit against the federal government accuse INS of
several improper actions including but not limited to denial of due process,
interference with client-counsel access, mistreatment of detainees,  illegal
and indefinite detention in overcrowded facilities.

Another key issue is the apparent double standard that exists within INS’
policy towards Haitans and refugees from other countries.  While Haitians
languish in detention, aliens from Colombia, China, and other countries are
usually paroled within the standard 4 - 5 days.

“This is outrageous,” says Marleine Bastien, executive director of the
Haitian Women of Miami.  “Haitians are being singled out.”

Josephat Célestin, mayor of North Miami, echoed Bastien’s stance.  “This
double-standardd has to stop - enough is enough.”

Ordinarily, refugees are paroled, or released from detention, if “credible
fear” can be established.  This means that the person seeking asylum needs
to prove that he or she has a “well-founded fear of persecution” in their
native country.  According to Supreme Court precendents, that chance of
persecution only has to be a 50% likelihood for asylum to be granted.

One of the first steps to establishing credible fear in an asylum hearing is
a preliminary credible fear interview to determine if a particular case has
sufficient merit to go before an immigration judge.  During this stage, the
burden of proof for credible fear is even lower than the 50% standard for
asylum.

Once credible fear has been established as per this interview, asylum
seekers are released with little, if any, delay.

Upon release at this point, a refugee is granted about twelve months to
prepare his case before it goes before an immigration judge.  This
preparation process includes finding and retaining an attorney.

According to Cheryl Little of the Florida Immigrant Advocacy Center, this
changed for Haitians last December.  Prior to that time, Haitian asylum
seeking refugees encountered no undue delay in being released after the
preliminary interview.  Since then, INS has “taken a big step backwards” in
its treatment of Haitians - especially relative to how immigrants from other
countries are treated.

For example, since the group of detainees filed their class action lawsuit
against INS and the Justice Department in March protesting their “illegal
and unfair treatment”, a few asylum seekers have been released.

However, one of the conditions for the release of these individuals is an
affidavit of support.  This documentation, which usually includes proof of
income and solvency, is ordinarily required as part of the process for
obtaining permanent resident status.  Permanent residency is best known by
the “green card” issued to residents.  This particular requirement is
atypical for individuals merely seeking asylum.

Community activists have accused INS of racist practices contrary to its own
regulations and international laws and standards.

INS has maintained that it is detaining Haitian asylum seekers to try to
discourage other Haitians from making the perilous Caribbean crossing.

It is on that very line of defense that the INS has come under fire from the
United Nations’ High Commissioner for Refugees.  In a letter from Guenet
Guebre-Christos, Regional Representative for the UNHCR, INS’ current Haitian
policy is in violation of various international laws and charters that the
United States is bound to.

The first violation pertains to the detention of asylum seekers.  The
primary reason cited in the letter is that detention interferes with a
refugee’s “ability to access the asylum process”.  It also can have adverse
social and pyschological effects on refugees.  Guebre-Christos wrote that
“many asylum seekers have endured torture or trauma in their home countries
and detention could easily cause further mental suffering”.

Also, the UNHCR is opposed to the use of “detention as a deterrant” as well
as “the detention of asylum seekers based on their national origin”.

Calls to INS’s District Director’s Office and Public Relations Office were
not returned before press time.

Prior to the filing of the lawsuit, even asylum was not sufficient cause for
INS to release the detained Haitians.  At least one of the named plaintiffs
in the suit, Ernest Moise, was kept in detention after he was granted asylum
by an immigration judge.  He was released from Krome shortly after the
lawsuit was filed.

“They have gone through the legal requirements,” said Miami-Dade County
Mayor Alex Penelas, “and deserve to be released.”

In the meantime, Bastien, Little, and others throughout the local community
and world community plan to continue efforts to obtain release for Haitian
detainees today and fair policies and practices for all refugees tomorrow.




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