ISSUE: On December 3, 2001, the Coast Guard rescued of 167 Haitians outside of Florida and permitted them to apply for asylum in the United States. In mid-December, Acting Deputy INS Commissioner Michael Becraft issued a directive not to release Haitian detained by the INS in Miami. While detained, vast majority of Haitian asylum seekers has no legal representation and all are facing accelerated legal proceedings. Whereas asylum seekers of other nationalities with similar situation have been routinely released, Haitian asylum seekers are being summarily denied release from detention.

ACTION: Please call and fax INS Commissioner James Ziglar at 202-514-9100, fax 202-514-3296 and U.S. Attorney General John Ashcroft at 202-514-2001, fax 202-514-4507 and ask them to:

• Immediately release the detained Haitian asylum seekers held in Miami; and
• Reinstate the government's prior release policy regarding Haitian asylum seekers.

Additionally, please write to your senators and representatives and bring this issue to their attention.

Write to:
The Honorable _________
U.S. Senate
Washington, DC 20510
Dear Senator _________

(or)

The Honorable___________
U.S. House of Representatives
Washington, DC 20515
Dear Representative_________

BACKGROUND

Until the arrival of 167 Haitian by sea on December 3, 2001, the Miami INS district office had regularly paroled Haitian asylum seekers once they passed credible fear interviews. Once released, these asylum seekers generally have a year to prepare for their case. Moreover, a number of nonprofit agencies in Miami have grants to help Haitian asylum seekers once they are released.

In mid-December, Acting Deputy INS Commissioner Michael Becraft authorized a change in the parole criteria for Haitian, regardless of whether they entered by boat or by plane. Since then, the district office of INS has refused to release the vast majority of these Haitians from detention while routinely releasing similarly situated asylum seekers of other nationalities. According to Becraft, the practice of indefinite detention of Haitian nationals at Krome Service Processing Center and other facilities is a "reasonable step" to discourage prospective refugees from attempting the perilous voyage to Florida. We do not believe that the practice of indefinite detention is legally or morally acceptable. It is sad to learn that a national prides itself of higher standard of human rights would choose an unfair and inhumane treatment toward Haitian refugees in the United States in order to deter a feared refugee exodus from impoverished nations.

Currently, there are approximately 270 Haitian Asylum seekers detained in Miami. About 200 Haitian men are being held at the Krome Service Processing Center. About forty-five women are in INS custody at Turner Guilford Knight (TGK) Correction Center, a maximum security county jail in Miami which has housed the female detainees since December, 2000. A few unaccompanied minors remain detained at Boystown, although four of the Haitian children were transferred from Boystown to a facility in Pennsylvania, far from their support systems. Approximately 30 other Haitians (generally mothers with minor children) are detained at a local hotel. It is our understanding that most, if not all, of this large group of Haitians have demonstrated to Asylum Officers that they have a significant possibility of establishing eligibility for asylum.

Since in detention, Haitian refugees are facing accelerated legal proceedings and the vast majority of them do not have legal representation. Instead of a year, Haitian are now given just a matter of weeks to prepare for their case and must do it within the confines of their detention. For those few detained Haitians able to obtain counsel, their representatives report tremendous problems in attempting to prepare the Haitian's asylum cases, including waiting for hours at detention facilities just to meet with their clients and a serious lack of adequate space to conduct confidential interviews. This is especially problematic given the accelerated nature of these cases and the large number of Haitians who are being required to go forward with their asylum cases while in detention.

On February 15, 2002, a class action lawsuit was filed in Miami District Court on behalf of the Haitians. The lawsuit, jointed by several Miami immigration attorneys, would argue against this discriminatory practice based on a Supreme Court decision in 1985 that ordered the government not to use race or national origin as criteria to determine parole. The federal government is urging the U.S. District Judge Joan Lenard to dismiss the lawsuit on the grounds it would undermine the authority of the U.S. government to decide whether a foreign national is admissible.

Asylum seekers who make it to the United States should be judged on the merits of their cases, not discriminated against because of their country of origin. Denying Haitians release based on their nationality is discriminatory, unconstitutional and violates INS' own regulation. Additionally, this policy practically ensures the deportation of these Haitian asylum seekers. Given the escalation of violence in Haiti, an adverse decision against Haitian asylum seekers could be a matter of life and death.

GENERAL ASSEMBLY

The 211th (1999) General Assembly of the Presbyterian Church (U.S.A.) approved the Resolution on "Transformation of Churches and Society Through Encountering with New Neighbors," and approved the following actions:

• Christians should engage in pastoral, compassionate, educational and prophetic ministries with refugees, asylum seekers, and immigrants.
• Christians should seek the elimination of discrimination and racism from government policies and community responses.
• The United States government should ensure that the constitutional rights of refugees, asylum seekers, and immigrants to due process of law are protected.
• Advocate for use of the credible fear standard for releasing asylum s eekers from detention, and assuring a more speedy adjudication to reduce unreasonably lengthy stays in detention, urging presbyteries and sessions to do similar advocacy. The Immigration and Naturalization Service (INS) should ensure asylum seekers are not held in local jails, nor detained with local criminals, and that they are provided humane conditions including adequate and appropriate food, personal treatment, medical care, prompt access to legal help, family and friends.