WASHINGTON, CMC – Several United States legislators, including Congresswoman Yvette D. Clarke, have made an appeal to the Joe Biden administration to redesignate Haiti for Temporary Protected Status (TPS) and pause deportations back to the French-speaking Caribbean Community (CARICOM) country.
The congressional representatives, along with Haiti Caucus Co-Chairs, Congresswomen Ayanna Pressley of Massachusetts and Sheila Cherfilus-McCormick of Florida, joined a group of 50 lawmakers in urging Washington to extend humanitarian parole to any Haitians currently detained in US Immigration and Customs Enforcement’s (ICE) detention centers, end the detention of Haitian migrants intercepted at sea, and provide additional humanitarian assistance for violence-wracked Haiti.
“We urge the administration to redesignate Haiti for Temporary Protected Status, halt deportations back to Haiti, and extend humanitarian parole to any Haitians currently detained in Immigration and Customs Enforcement’s detention centers.
“Additionally, we request your administration’s end to the detention of Haitian migrants who were interdicted at sea. The possibility of transferring them to Guantánamo Bay naval base and other offshore migrant detention centers is concerning and must not be explored.
“In addition, we are asking that you provide humanitarian assistance to help Haitians navigate these tragically traumatic and difficult times,” they continued. “As you are aware, Haiti is amid an unprecedented humanitarian crisis, as gang violence plagues the country driven in large part by extreme political instability, the group said.
The congressional representatives said the extension and redesignation of TPS for Haiti will protect Haitian migrants against removal to a country ill-equipped to handle their return.
They noted that the current TPS designation is effective until August 3, 2024 and that all the conditions leading to the Biden administration’s original TPS redesignations on December 5, 2022, and August 3, 2021, “in addition to the deteriorating crisis described herein, exhibit temporary and extraordinary conditions that make a safe return to Haiti impossible.”
In addition, the legislators called on the Biden administration to extend Special Student Relief employment benefits for nonimmigrant students from Haiti experiencing severe economic hardship. This notice is also set to expire on August 3, 2024.
Further, they strongly urged the administration to stop the unconditional deportation of migrants to Haiti, expressing alarm that 65 Haitian migrants interdicted at sea were recently repatriated.
The congressional representatives noted that the US Department of State had issued a Level 4 Travel Advisory for Haiti, citing high rates of kidnapping, crime, and civil unrest.
They said that international laws and principles, including the principle of non-refoulement under the 1951 Refugee Convention, stipulate that individuals should not be deported to countries where they face severe threats to their life or freedom.
“As such, just as the US halted all deportations to Haiti on January 13, 2010, the day after the earthquake, and again in October 2016 following the devastation of Hurricane Matthew, this administration should cease deportation flights and at-sea repatriations to Haiti.”
They also urged for the release of Haitians currently detained, stating that “there is ample evidence that Black people in detention are subjected to disparate treatment like higher bond amounts.
“Black migrants also face far higher levels of abuse and violence in ICE’s detention centers,” they said.
Despite only making up six percent of the people in ICE detention, the lawmakers said Black migrants comprise 28 percent of abuse-related reports and 24 percent of those in solitary confinement.
“For individuals deemed to pose a security threat who cannot be returned to their home country due to the risk of harm, we recommend exploring alternatives to detention that balance the need for security with the individual’s right not to be returned to harm,” they said.
As Haitian immigrants proceed with their asylum claims, congressional representatives said they should be allowed to be with their families in the US. They provided a pathway to temporary residency and urged the administration to expand and expedite other humanitarian pathways.
They said they were concerned to see recent reports that the Biden administration is considering detaining Haitians interdicted at sea, transferred and processed at the Guantánamo Bay naval base in Cuba and other offshore migrant detention centers.
“Given the deteriorating conditions in the country and a history of US-Haiti relations marred by systemic racism and mistreatment toward the Haitian people, we urge you to abandon the plan.
“Instead, we urge you to focus on creating safe pathways to protection for Haitian nationals, which include access to a credible and humane asylum process,” the lawmakers said, adding they were “glad to see” that the United States is providing an additional US$25 million in humanitarian assistance for Haiti, which builds on the US$33 million Secretary of State Antony Blinken announced on March 11, 2024.
The legislators said this funding is “crucial” to efforts by the United Nations and non-governmental (organizations (NGO) partners to provide immediate food assistance, essential relief supplies, relocation support, psycho-social support, emergency health care, safe drinking water, and protection services for the most vulnerable, including women and girls.
“We request you provide a report outlining the dissemination of these funds and recommend partnering with organizations on the ground in Haiti to facilitate distribution.
“We thank you in advance for your immediate attention to this matter. We look forward to working with you to prevent further suffering and unnecessary loss of life.”