Arbitrary detention of Haitian refugees should not be part of U.S. foreign policy. Minors should not be held captive, nor should any of the refugees be denied due process or the right to legal representation. In the past, all Haitian refugees were considered economic refugees. Today, even the president of Haiti, Jean-Bertrand Aristide, is claiming that he is being persecuted. While the U.S. Special Forces and the State Department are busy chasing Al Qaeda fighters in Afghanistan, on the island nation of Haiti, a powerful and deadly drama is unfolding. Mob killings of reporters and shootouts in broad daylight between mayors and congressmen have become common occurrence.
"It was shocking to see the changes made," [Marleine Bastien] told The Times. "The U.S. does not have the capacity to detain all persons that make it to this country. This policy mainly targets Haitians." The U.S. Department of Justice released a statement which said, "Rumors of successful entry into the United States have fueled migration surges, and any perception of a relaxing U.S. immigration policy could cause future migrations at sea ... "Miami Immigration and Naturalization Services Chief of Staff John Shewairy said the revisions have been designed to deter large numbers of Haitians from migrating to the U.S. He told The Times that detention of the asylum-seekers who arrived by boat on Oct. 29 is an effort to thwart "smuggling" of migrants from Haiti.
Amid the flurry of designations by the media, law enforcement officials, and advocacy organizations--terms ranging from "migrants" to "asylum-seekers" to "economic refugees"--one thing was clear. The people aboard that boat had fled desperate conditions for safe harbor in the U.S. What awaited them when they touched land was then, and remains, a matter of great contention. When asked about the implications of the designation "migrant," Miami field office INS public relations officer Barbara Gonzalez said that in the context of INS policy, "There is really no such thing as a migrant." She said, "Many use the word," when the correct terminology for what they intend is "non-immigrant." How about the terms "alien" and "refugee?" Amnesty International notes that the term "alien" has been used in U.S. legislation to describe various types of non-citizens, including those Amnesty would call "asylum-seekers." Similarly, the INS describes an alien as any non-citizen or national of the U.S.
A country may qualify for TPS due to the following conditions: ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane) or other extraordinary and temporary conditions. In light of the massive earthquake that took place in Haiti on Jan. 12 when thousands were presumed and then confirmed dead, Haiti became a candidate for TPS. "A lot of people don't have the money for the application and so that remains the primary obstacle for them," [Gepsie M. Metellus] said. "Although there is a fee waiver [for which some are eligible], it is a 'process' and it is frustrating."
