ACLU Comments on ICE Proposed Resumption of Deportations to Haiti

ACLU and Dozens of Other Groups Call on U.S. to Change Policy Due to Dangerous Conditions FOR IMMEDIATE RELEASE CONTACT: (212) 549-2666; media@aclu.org GENEVA, Switzerland – The American Civil Liberties Union, along with more than 50 other groups, at a meeting of the U.N. Human Rights Council today called on the U.S. to stop deportations to Haiti. The joint statement condemning the deportations came as the U.N. Independent Expert on the situation of human rights in Haiti, Michel Forst, repeated his serious concerns about deporting individuals to Haiti because of the unsafe environment there. Since January 2011, the U.S. has sent four deportation flights carrying dozens of people to Haiti. The most recent flight was Tuesday, and more are expected soon. At least one of the deportees, Wildrick Guerrier, died of cholera after being deported to Haiti. In a policy statement issued April 1, the government said that it was deporting only individuals with criminal records who pose a danger to the public, and that it would take into account additional factors such as family ties and medical conditions that place individuals at particular risk. However, the government has established no procedure for making these determinations, and recent deportees include people with only nonviolent and minor crimes as well as people with extensive family ties to the United States and serious medical conditions. The following can be attributed to Jamil Dakwar, director of the ACLU Human Rights Program: "Continuing deportations to Haiti while conditions remain so dangerous is an affront to human rights. With Haiti battling a cholera epidemic and an unprecedented humanitarian crisis, it is irresponsible to force anyone to return before conditions have improved enough to allow a safe and humane return. The United States should strive to be a leader on human rights, but this policy ignores the recommendations of the international human rights community." The following can be attributed to Judy Rabinovitz, deputy director of the ACLU Immigrants’ Rights Project. "The government is violating its own stated policy. At a minimum the government must ensure that no one is deported to Haiti without the case-by-case assessments they are entitled to." The joint statement from the ACLU and other organizations is available here: www.aclu.org/human-rights/joint-statement-un-human-rights-council-condem... The report of the U.N. Independent Expert on the situation of human rights in Haiti is available here: www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.42_en.pdf

ACLU Calls Decision By The Obama Administration A Setback And A Violation Of U.S. Human Rights Obligations FOR IMMEDIATE RELEASE CONTACT: (212) 549-2689 or 2666; media@aclu.org MIAMI – Following reports that the U.S. government resumed the deportation of some Haitians for the first time since a catastrophic earthquake struck Haiti last January, the American Civil Liberties Union and the ACLU of Florida called on the Obama administration to suspend the deportations until their safety and freedom can be guaranteed. The ACLU and Congresswoman Frederica S. Wilson sent the Obama administration a letter in December urging them to continue the suspension of deportation of Haitians in light of pressing human rights and humanitarian concerns and the raging cholera epidemic that has taken hold in that country. “By deporting people to Haiti, which is in the midst of a raging cholera epidemic, the U.S. government is violating important human rights obligations to protect individuals from being returned to places where their lives or freedoms could be threatened,” said Howard Simon, Executive Director of the ACLU of Florida. “Our government should not engage in the forced removal of people to any country where they would be subject to persecution or inhumane treatment.” The Department of Homeland Security has not responded to the ACLU’s letter or issued any written guidelines on the resumption of deportations to Haiti, despite numerous repeated requests by human rights advocates. Instead, department officials have stated that the U.S. government will consider for removal any Haitian who does not qualify for Temporary Protected Status. The U.S. government will initially deport individuals with final removal orders and criminal convictions who have completed their sentences, even for nonviolent misdemeanors. Priority will be given to those Haitians with "serious offenses," a term which the administration has not defined. “Current conditions in Haiti are simply too dangerous for the U.S. to force people to return there now. By resuming Haitian deportations, this administration will not only jeopardize the lives and safety of Haitian deportees, but will also violate international human rights and refugee laws,” said Joanne Lin, legislative counsel for the ACLU Washington Legislative Office. “Without significant human rights improvements in Haiti, these deportations will compound a catastrophic public health and humanitarian crisis in one of the poorest countries in the world.” The ACLU’s letter is available online at: www.aclufl.org/pdfs/HaitianLetter-2010-12-29.pdf (PDF)