Bush Administration Should Stop Turning Refugees Away

With President Jean-Bertrand Aristide gone and chaos widespread, there is no question that the United States will have to play a significant role in helping Haiti chart its way to a peaceful future. While it is vital that the Bush administration help protect the human rights of Haitians, it must at the same time stop its blatant discrimination against Haitian refugees.

Even as Haiti descended into increasing violence and chaos, President Bush on Feb. 25 said, ''I have made it abundantly clear to the Coast Guard that we will turn back any refugee that attempts to reach our shore.'' This is a flagrant violation of international refugee law, as well as of the principles on which this country was built.

Since December 2001, when a boatload of more than 180 Haitians arrived in South Florida, the Bush administration has quietly implemented an unprecedented set of policies designed to prevent and deter the arrival of Haitian refugees. This has included interdiction of Haitian boats both on the high seas and within the territorial waters of the United States.

Those who are intercepted at sea are summarily returned with no screening of their asylum claims unless a person explicitly expresses a fear of return, a procedure that the State Department calls ``the shout test.''

Recently, the United States summarily returned all but three of the 1,040 Haitians intercepted since Feb.1, failing to provide these Haitians with any asylum screening whatsoever. The three were later repatriated.

Haitians who are lucky enough to make it to the United States are subject to expedited removal procedures, an unprecedented measure that unfairly singles out Haitian arrivals. Meanwhile, pending the review of their asylum claims, they face prolonged and arbitrary detention because they are not eligible for release on bond under a blanket decision issued by Attorney General John Ashcroft in the case of a teenage Haitian asylum seeker.

Policy barrier

These policies create an almost insurmountable barrier that prevents Haitians from obtaining asylum in the United States. True refugees are being returned to persecution as a result; our organizations have documented that rejected Haitian asylum seekers have been subject to further persecution after their return to Haiti. Despite this, the administration continues to deport Haitians from some of the most violent regions of Haiti, while urging U.S. citizens to evacuate.

In mid-February, FIAC met with 65 Haitian women detained at the Broward Transitional Center. The women had gone on a hunger strike in a desperate bid to draw attention to the danger they face. Several had received news of relatives killed or disappeared in Haiti. Following Aristide's departure, the women called FIAC to say: ``Haiti is more unstable and dangerous than ever. To deport us would be to kill us.''

Haitian men detained at the Krome Service Processing Center in Miami also contacted FIAC to express similar concerns. The administration -- in a gross exploitation of the current political environment -- has justified its actions by labeling Haitians a national security risk. It has even gone so far as to state that terrorists from places such as Pakistan may attempt to enter the United States aboard Haitian boats.

If the U.S. government cannot distinguish between an arriving Haitian and an arriving Pakistani, our national security is in serious jeopardy. Not to mention that these policies have been applied to children as young as three years old.

Take down the sign

It's time to take down the ''Haitians Keep Out'' sign. These policies are a disgraceful blemish on the record of the world's greatest democracy. Fair treatment of Haitian refugees must be restored and shelter offered to those who have fled persecution.

This can be accomplished through opening up access to the asylum system as well as implementing a robust resettlement program. In the meantime, the administration should grant Haitians Temporary Protected Status, which permits Haitians already in the United States to remain until conditions are safe for their return. It should also suspend Haitian deportations, a step already taken by Canada and the Dominican Republic.

Ultimately, the Bush administration should do everything it can to promote true democracy and the rule of law in Haiti. But in the meantime, we must uphold our responsibility to protect Haitian refugees until true stability is achieved.