Huge increase in removals of people from Haiti part of the Title 42 nightmare

The CDC order is designed to accomplish under the guise of public health a dismantling of legal protections governing border arrivals that the Trump administration has been unable to achieve under the immigration laws.  Lucas Guttentag, Just Security

Between October 5th and October 20th, ICE Air Operations flew 10 “deportation” flights to Haiti. All except one flight departed from Laredo, Texas, the other left from Brownsville. From April of this year, until late September, ICE deportation flights to Haiti occurred about once every other week. These flights were rarely full – though confirmation of numbers is never available from ICE. So, what happened?

Over the last two weeks, what we’ve seen are not deportations in the regular sense. If someone is deported that is the last step in a series of activities after a person has been deemed removable from the interior, or inadmissible at the border. In other words, prior to a deportation there is a process within which one can fight for asylum, or against removal on other grounds. These processes have many problems, but there is nevertheless an opportunity to present evidence and seek relief from removal prior to a deportation.

What we have been seeing over the last two weeks is something different. These flights are part of a different program involving the summary expulsion of people; none of whom have had any realistic chance to apply for asylum. They have been apprehended by Border Patrol and then quickly removed.

The basis for these removals is a March 20, 2020 order issued by the Centers for Disease Control and Prevention that effectively closes the border to all non-essential travel, claiming authority under Title 42 of the Public Health Services Law. These “Title 42” removals have been ongoing since March, leading to the expulsion of 200,000 people (data accessed Oct. 22). Under the provisions of the order, people are removed immediately to the last country of transit (for 99% of people apprehended this is Mexico), or sent to their home country if Mexico can’t (or won’t) receive them. According to the administration, 90% of the people apprehended at the border are expelled within 2 hours.

When the order was issued, Mexico said that it would only accept people expelled if they were Mexican nationals, or from Honduras, Guatemala or El Salvador. This means people from elsewhere, eg., Haiti, Cuba, Venezuela, Pakistan, Cameroon, etc. could not simply be turned back to Mexico (though no doubt many have been anyway). What has happened to them?

There has not been much information about this. From advocates we know who are working with Haitian migrants, people being detained while awaiting their Title 42 expulsion are not given an Alien (“A”) number like someone officially detained. Which means they can’t be tracked. As a result it is difficult to get a good picture of where people are being held. From press reports we know that some families and unaccompanied children have been placed in hotels until they can be flown out. Over the last two weeks we heard that many of the people from Haiti who were being expelled were being held at an ICE facility in Val Verde County, not far from Laredo where most of the flights departed from. Neither of these locations comports with the CDC guidance on temporary detention for those who can not be immediately expelled. Such detention is supposed to be in a designated space within a Border Patrol facility, or under a tent or other soft-sided shelter (e.g. temporary facility to minimize contact).

The recent increase in expulsions to Haiti is also related to a recent increase in the number of Haitians being apprehended by Border Patrol. The Customs and Border Patrol media office for the Del Rio sector issued a release on Monday saying that 1,800 people from 26 different countries had been arrested over a two week period, 25% (450) of them were from Haiti. I have not been able to confirm numbers from other sectors, but it seems likely that the number of people who are attempting entry is increasing rapidly across the board as borders south of Mexico have begun to open again. Border Patrol apprehensions totaled 54,711 in September (48,327 were Title 42 expulsions). I requested information from the CBP media office in the Del Rio sector concerning where people were being held and if they were being tested for COVID, and received no response.

So, what we have been seeing over the past two weeks is the mass expulsion of Haitians under Title 42. Most of this increase in removals seems to be the result of increased border crossings, though it is possible some families and unaccompanied children who have been detained for longer periods are also part of the increased expulsions. 

Title 42 went into effect as a 30 day measure, but has been renewed indefinitely. It is important to point out that it was also NOT an initiative of the CDC. The order was the brainchild of Steven Miller, Trump’s hardline immigration advisor. CDC officials initially refused to implement it, saying there was no public health justification for such an extreme measure – though they ultimately went along with it under pressure from the White House. What is clear is that Trump has used COVID-19 to do what courts had previously denied him: blocking asylum, even for people already on U.S. soil. The hundreds of expulsions to Haiti last week were the result of this policy, along with 200,000 other people removed under this order since March.

 

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New Hens in the Hen House

On 11 August, 2020, the hen house celebrated the one-year anniversary of the arrival of the first 1,000 hens. The hen house provides low-cost eggs to community groups for resale in the local market. The Quixote Center helped fund the solar powered water pump for the hen house. The hen house is committed to using feed that is 100% grown locally. This is a goal that is close to being met.

On October 15, 700 more hens arrived. To prepare for the arrival of the new hens, room A2 was cleaned and the hens from room A1 were moved to A2. Room A1 was then cleaned and whitewashed. Below we share some photos of the new arrivals checking out the new digs.

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Political violence and U.S. policy in Haiti

Guns handed in at the start of a disarmament, demobilisation and reintegration program in Port au Prince 2017 (Photo: Sophia Paris/UN Photo, Creative Commons)

The notorious paramilitaries of the past, the Tonton Macoute and FRAPH may be gone today, but the people of Haiti are once again under the threat of the presence of armed groups acting with impunity.  The use of armed gangs by political actors in Haiti (and many other places, including the U.S.) to “keep order” is hardly a new phenomenon. However, over the last several years, as protests against the PHTK government have grown, these gangs have been mobilized in what seems a coordinated fashion. They are heavily armed, and have engaged in multiple attacks on communities.

At the moment, the spotlight is on former police officer Jimmy “Barbecue” Cherizier, who now fronts a gang confederation (the G9) that rules the Port-au-Prince neighborhoods of Delmas and Bel Aire. As a police officer, Cherizier was implicated in massacres at Grand Ravine and La Saline.

At Grand Ravine, in November of 2017, police attacked community members inside a school – killing 9 people. Some were killed execution style, and several appeared to have been shot in their homes nearby and then dragged to the school. The operation was supposedly launched by police in response to gang activity, but was clearly more complicated than that. UN units were present but did not intervene. The massacre was largely ignored outside of Haiti. In U.S. media, only Jake Johnston of Center for Economic and Policy Research covered the story in detail – in a piece published in the Intercept in January of 2018.  Johnston interviewed, Rovelsond Apollon, an observer with a local human rights organization working in Grand Ravine, who discussed the connection between the police, politicians and local gangs:

It’s not just that politicians exert control over the police, Apollon said — they are involved with the gangs themselves. His organization has interviewed young people with heavy weaponry that is not easy to acquire, he explained, and they said the weapons had been provided by politicians. “Politicians and authorities are not innocent in what happened, because they, too, play their part in the violence,” he said. The politicians, for their part, have not publicly addressed these accusations.

A year later, the neighborhood of La Saline became the sight of another massacre.  As in Grand Ravine, initial reports made the attack seem like an internecine battle between gangs trying to control the area. But further investigation laid out the role of the police who coordinated with gangs, allegedly operating with the support of Moise allies. It is now argued that the motivation for the attack on the community was at least in part retaliation for its mobilization in protests against the current government. According to a report on the attack following a Haiti Action Committee and National Lawyers Guild delegation, Cherizier publicly admitted taking part in the attack, with his police units blocking roads to keep people from leaving the community. The total number of people killed is not known. Many bodies were burned, some left in the street where remains were eaten by pigs and dogs. The Réseau National de Défense des Droits Humains (RNNHD) was able to identify at least 71 people murdered based on interviews with community members. 

Cherizier was forced out of the police in December of 2018. However, rather than end up in jail, Cherizier has re-emerged  at the head of the G9, a confederation assembled with the support of the current government. Journalist Etant Dupain wrote last week:

During an explosive radio interview on Radio Magik9, earlier this month, one of the most influential members of President Jovenel Moise’s commission for disarmament (known as the CNDDR), Jean Rebel Dorcénat, stated that it was his idea for several gang leaders to join together to form a federation, which has now become the gang named G9. He later walked back the statement, and clarified to say that he was not responsible for creating the G9, but he did, however, advise gang leaders to form an alliance in order to make the disarmament commission’s job easier.

When the alliance was announced, armed groups rallied in Port-au-Prince. The police were nowhere to be found – but their equipment was on display. The Washington Post reported, “When Cherizier’s men took to the streets in June, witnesses claimed to have seen them ride in the same armored vehicles used by the national police and special security forces. Justice Minister Lucmane Delile denounced the gangs and ordered the national police to pursue them; within hours, Moïse fired him.”

Dupain’s article was written in the context of the G9 engaging in massive attacks against the community in Bel Air over the last two weeks.  These attacks have displaced thousands of people, many of whom are now living in a soccer field in Solino.  Cherizier is not hiding – indeed, he regularly appears in the streets, and moves freely despite an active arrest warrant.  

Meanwhile, members of the national police have violently protested the arrest of police captain Pascal Alexandre, driving through Port-au-Prince setting cars afire, and even torching the office that archives voter registrations. This so-called Fantom 509 force has become a frightening presence in the capital, and remains unchallenged by Moise and his allies. 

For his part, Moise has responded to the moment by trying to consolidate his position. Ruling by decree since January – there are only 11 elected officials serving in office in Haiti right now – he has pressed forward with an electoral commission and set of constitutional reforms that would strengthen the presidency. The electoral commission is devoid of the usual representatives of civil society, and has been denounced by the opposition. Three weeks ago, the head of Haiti’s Port-au-Prince bar association, Monferrier Dorval, was assassinated in front of his home just hours after giving a radio interview in which he expressed doubts about constitutional reforms being proposed by the government. 

Into this setting the U.S. State Department has entered with the kind of patronizing rhetoric and threats we have come to expect. A State Department official stated “Frankly, I have to say I’m a little bit tired of every group, every opposition party in Haiti saying, ‘Well, I won’t appoint my person,’ or ‘We won’t have an election,’ or ‘We won’t run in this until you meet all of my political demands…That’s not democracy. And so we are quite insistent on this, and it’s going to start to have consequences for those who stand in the way of it.” So, the U.S. government’s position is that the opposition must allow the PHTK and Moise to consolidate its power, “or else.” The U.S. government, it is worth noting, is the chief bankroll behind Haiti’s national police: 

Earlier this month, the State Department notified Congress that it was reallocating $8 million from last year’s budget to support the HNP. Since Trump took office, the US has nearly quadrupled its support to Haiti’s police — from $2.8 million in 2016 to more than $12.4 million last year. With the recent reallocation, the figure this year will likely be even higher. US funding for the Haitian police constitutes more than 10 percent of the institution’s overall budget.

So, as thousands come to the street with vision, with hope, and, for some, in desperation, demanding a revolution of political and economic forces, they face not just the local bourgeoisie and their armed defenders, but the U.S. government, with it’s bankroll, weapons and saccharine imperial pronouncements about good government.  Pierre Esperance of the RNNDH told Etant Dupain, “The worst part is that the international community continues to support a government that is in bed with gangs and is responsible for nine massacres in the country. I have not seen anything like it since the departure of Jean Claude Duvalier.”

Finally, responding to the State Department, Bob Maguire said, “This thing about ‘It’s going to have consequences for those who stand in the way,’ well, it already has consequences….They are getting shot. They are getting beat up and they’ve been demonstrating in the streets for years about the lack of any kind of responsible democracy in the country. These are people who are already suffering the consequences of Haiti’s failure.”  This failure is bought and paid for by the U.S. government.

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Masak, Haiti: Fighting for the right to breathe

Just outside of Masak

Are we capable of rediscovering that each of us belongs to the same species, that we have an indivisible bond with all life? Perhaps that is the question – the very last – before we draw our last dying breath. Achille Mbembe, The Universal Right to Breathe (translated Caroline Shread)

Masak is a small village that straddles the border of the Northwest and Artibonite departments in northern Haiti. Over the years the division of Masak and surrounding areas across departments has underscored an intra-communal conflict going back generations. Young people today have no idea how it started, but from time to time, fighting will break out, and they get drawn in. Today, however, the intensity of the violence is magnified by the availability of high-powered weapons, and the general environment of insecurity driven by armed groups who operate in a space of impunity – often protected by political actors, or facing a police force ill equipped and unwilling to help.  

The latest round of violence was kicked off when a young woman from the north was robbed on one of the mountain trails that connect Masak to La Pierre and Mayombe in the communal section of Pendus. This was in March, and over the next several months, fighting led to the burning of nearly 50 homes in the area. In mid-August, during a particularly intense weekend, 22 houses were burned and at least five people were killed. One estimate of the total number of people killed in the recent fighting is 21. People have died from gunshot wounds and smoke inhalation. Some show signs of having been beaten. The armed groups have also stolen livestock, leaving displaced families with nothing. 

School in Masak, abadoned due to the violence

As a result of the violence, people have fled the mountain area near Masak for nearby La Pierre, the main population base of Pendus.  The refugees in La Pierre report preparing “go bags” so they can leave immediately with some basic items if the gangs come out of the mountain to attack. Father Sylvio opened St. Joseph’s Church to young people to use as a school over the summer, and has invited students to join with others at the parish grade school in La Pierre. As a result, the school has doubled the number of students in some grade levels. The school’s presence is taken as a positive sign, demonstrating Father Sylvio’s commitment to the area, and so the people are standing with Father Sylvio for now.

Three weeks ago Father Sylvio organized a conference on conflict resolution with community leaders from the mountain areas near Masak. Following the meeting, someone leaked the names of the attendees to gang leaders, and several were then attacked, including one who was shot. Many of the leaders are now ¨mawon¨ or hiding deeper in the mountains. 

Meanwhile, in early September, Father Sylvio made an official report of the violence to the local police. Geri Lanham, who works with Father Sylvio through an education program, reports, “When he described the guns that the bandits are carrying, the local PNH [Haitian National Police] said that they can’t do anything because they already know that they are outgunned.” Father Sylvio also approached a military police unit stationed in Gonaives. They were aware of the conflict, but noted the last time they got engaged, one of their officers was shot. They are said to be investigating, including links to weapons being trafficked across the border with the Dominican Republic.

St. Joseph’s Church in La Pierre

For now, the community waits. In Pendus, the sound of gunfire can be heard coming from the mountains most nights. The gangs seem to have plenty of ammunition. Meanwhile, in Pendus, as in much of Haiti, everyone else seems to be on their own.  There is little expectation that the state will step-in, and, even if it did, no one is particularly excited about inviting a large scale police operation. The struggle in Pendus is now one for recognition. For the lives lost, and more so for those that remain. A friend working in the community writes, “they want to have a resolution so that they can return to their communities up in Massak and Mawotye and not be afraid that they might have to run from La Pierre in the middle of the night under a hail of bullets. They want to be able to plant in their gardens and send their children out to play without the background noise of gunshots reverberating from farther up the mountain.” Put another way, the struggle is simply to have the right to breathe freely, to live, recognized and protected. 

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En Camino: Haitians and the journey through Central America and Mexico

This week the Franciscan Network on Migration’s monthly Facebook Live broadcast, En Camino, or “On the way,” featured staff of the Haitian Bridge Alliance and the Quixote Center discussed the situation of Haitians crossing through Central America and Mexico.  You can watch below.

The focus on Haitian and other non-Latin American migrants has increased in recent weeks, as border closures and other restrictions have left many Caribbean, African and Asian migrants trapped in refugee camps in Central America and Mexico. 

Last week, even PBS News Hour featured reports on the journey through the Darien Gap between Panama and Colombia, and the situation in Panama, where many are now trapped.

PBS Newshour

On Mexico’s southern border with Guatemala, camps are filled with migrants from Haiti, Cuba, Cameroon, Democratic Republic of Congo and elsewhere. Unable to simply turn these people back across the border, Mexico detains some. Others, intending to come to the U.S. have opted to apply for asylum in Mexico instead. Otherwise they can not travel further. 

Meanwhile, at the U.S./Mexico border, Haitians trying to journey north are stuck waiting with others, as the border is closed. Over the years Haitians arriving in Tijuana have set up mutual aid efforts to assist each other. For many the future remains very unclear.

For those who attempt to cross and get caught, there is no asylum process now available. They will simply be expelled – many detained incommunicado without any kind of reference number until space can be found on a flight back to Haiti.

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“Toto” Constant is not just Haiti’s problem

On June 23, the United States’ Immigration and Customs Enforcement deported Emmanuel “Toto” Constant to Haiti. Constant was arrested as he arrived in Port-au-Prince, based on a 2000 conviction for the massacre of political opponents at Raboteau, Haiti. In 1994, at the time of the massacre, Constant was head of a paramilitary organization called the Front for the Advancement and Progress of Haiti (FRAPH), which is known to have engaged in widespread human rights violations, including murder, rape, and torture. When U.S. forces reinstated president Aristide in October 1994, they allowed many leaders of the military government that had ousted him in 1991 to escape – including Constant, who eventually ended up in the United States. Constant has spent the last 12 years in a prison in New York – not for human rights violations, but for mortgage fraud. Now back in Haiti, he has the right to a new trial to challenge his in absentia conviction in 2000.  Constant is currently being held at a prison in Saint-Marc. Whether he is re-tried or released on a technicality is now a question of great concern. Constant has many political allies in the current government. The state judiciary is effectively shuttered at the moment due to a national strike. So it is hard to know when he will be brought before a judge and the process, whatever form it takes, begins to unfold. That judicial process will take place in Haiti, as it should. The 2000 Raboteau massacre trial itself provides an example of how this can be done – ensuring due process for Constant and, hopefully, justice for his many victims. But Constant’s retrial is not just Haiti’s responsibility.  Constant’s position in the coup government from 1991-1994 and the crimes for which he is responsible are hard to separate from decades of U.S. intervention in Haiti. The army itself was created by U.S. Marine commanders, for the specific purpose of quelling domestic dissent to the U.S. occupation of Haiti from 1915 to 1934. From that point until the army was disbanded in 1995 by President Aristide, it served to shield a small, United States-aligned elite and their business interests from popular mobilization. The United States trained Haiti’s military leadership throughout, including Raoul Cedras who directed the coup d’etat against President Aristide in 1991. The United States also trained Haiti’s intelligence services, and it is known that Constant was on the C.I.A. payroll until spring of 1994 when he was dropped, according to a Clinton administration official, because, “He was beginning to get involved in things that could blow back quite badly.” The Raboteau massacre happened in April of 1994. A classified C.I.A. report, partially released and heavily redacted during a 1996 civil trial against FRAPH, also indicates that the agency knew of Constant and FRAPH’s involvement in the 1993 murder of Guy Malary, Haiti’s Minister of Justice. More direct U.S. involvement in the formation of the FRAPH has been hinted at since this time. Allan Nairn, writing for The Nation in October of 1994 reported on extensive ties between FRAPH and U.S. agencies, beginning with Constant. For one, Constant was not merely an informant, but part of a team involved in training Haiti’s National intelligence Service (S.I.N.) in counterinsurgency. During this time he got to know Col. Patrick Collins, U.S. military attaché, and Donald Terry, the C.I.A. station chief who Nairn characterized as “running the S.I.N.”  According to Nairn, Constant claimed, “Collins began pushing him to organize a front ‘that could balance the Aristide movement’ and do ‘intelligence’ work against it. He said that their discussions had begun soon after Aristide fell in September 1991. They resulted in Constant forming what later evolved into the FRAPH, a group that was known initially as the Haitian Resistance League.”  Given these ties, it is not surprising that when Aristide was reinstated, U.S. forces seized documents from FRAPH headquarters and took them out of the country. From 1995 until the trial in 2000, attorneys representing the victims of the Raboteau massacre were unable to get access to these documents. When the Clinton administration did finally release some documents at the last minute, they were heavily redacted. Haiti’s National Commission for Truth and Justice, whose report was issued in February of 1996, was likewise denied access.  It is important that Constant be retried. As part of that process, however, it is equally important that the United States government fully cooperate and share documents in its possession about Constant, FRAPH, and the military leadership that oversaw the coup regime from 1991 to 1994. The United States government was, at a minimum, aware of Constant’s crimes, and continued to shield him. At worst, U.S. military and intelligence personnel facilitated those crimes. Either way, this makes Constant our problem as well. We owe the people of Haiti, who suffered under the coup regime and Constant’s paramilitary violence, a full accounting – wherever that leads. After 25 years, what better time than now?
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“Toto” Constant back in Haiti and other updates, take action

Shada Demolition

On Monday, June 15 bulldozers razed the community of Shada II in Cap-Haitien, along Haiti’s northern coast. Close to 1,500 families lost their homes as a result. Apparently none were notified in advance of the destruction, nor were any compensated for the loss. This inexplicable act was officially carried out in retaliation for a gang assault that left a police officer and five other people dead days before – but this is either not at all true, or, at best, a very partial explanation. The largest gang in Shada is assumed to be politically aligned, and thus this may well have been in part retaliation. However, that hardly suffices as an explanation for putting 1,500 families out of their homes in the midst of a pandemic.

The organization SOIL has been working in Shada II since 2004 issued a statement about the demolition (full statement here):

At this critical moment in global history, when the world is grappling with the combined public health emergencies of COVID-19 and systemic racism, we feel it is critical that we call attention to human rights issues that impact the communities we serve. There are many unanswered questions about what happened in Shada II last week, and we urge human rights groups to investigate. At the same time, SOIL stands in solidarity with the thousands of innocent people who lost their homes and belongings, and we recommit our organization to sustained social change. True change demands that all stakeholders come to the table to shine a light on the injustices suffered by vulnerable communities caught in the crosshairs of larger political, economic, and social forces, particularly at a moment when the world is facing an unprecedented crisis that calls for compassionate ingenuity and proactive support to those most at risk. 

We will continue to report on this as more details unfold and the community regroups to decide what comes next.

Toto Constant is Back in Haiti

Emmanuel “Toto” Constant was deported from the United States to Haiti on Tuesday, June 23. Constant is the former leader of the FRAPH, a notorious paramilitary organization responsible for the deaths of thousands of people while the country was under military rule following the coup against Aristide in 1991.  Constant fled to the United States when Aristide was reinstated in 1995 where he remained until this week. Meanwhile, in Haiti, Constant was convicted in 2000 in absentia for his involvement in the massacre at Raboteau. Despite the conviction, Constant was allowed to remain in the United States. Early efforts to remove him stalled, and most assume he was being protected as a former CIA asset. However, he was later convicted of real estate fraud in New York and imprisoned. For many the hope was he would remain in prison. 

After serving 12 years of a 37 year sentence, Constant was released from prison and immediately taken into custody by Immigration and Customs Enforcement. Reports that Constant was to be deported emerged in early May. Over the course of several weeks ICE would put Constant on a flight manifest, to later remove him. Constant was finally deported this Tuesday. What does this mean?

Constant was arrested upon his arrival under the 2000 conviction which still stands. However, Constant is entitled to a new trial. Brian Concannon and Mario Joseph (both of whom were involved in landmark human rights trials in the late 1990s that led to the 2000 conviction of Constant and others) published an op-ed in the Miami Herald that explains what is at stake.

A credible prosecution of Constant must respect both his rights and those of the Raboteau Massacre’s victims, who have official status in the case under Haiti’s “civil party” system. The victims are entitled to a robust prosecution that presents all the available evidence, as well as the right to notice of hearings, to participate in some of them and to appeal rulings that infringe on their rights. The original Raboteau trial is a good benchmark: It included expert testimony from international forensic and military experts, documents from the military archives and extensive victim and witness testimony.

The passage of time since Constant’s crimes in Haiti does not prevent his prosecution. His death squad’s murder and torture of civilians were both widespread and systematic, placing them squarely within the definition of crimes against humanity, so the statute of limitations cannot apply. Constant was convicted under a command responsibility theory, and the evidence was mostly documents, which are as credible as ever.

For now, the hope is that Constant remains in custody. He has many former political allies in positions of power under the current government -and should he be released, could wreak havoc. The U.S. has a role here. In 2000 the Clinton administration stalled releasing documents related to FRAPH activity that had been taken by US forces from FRAPH headquarters in 1995 during the operation to reinstate Aristide. Once documents were released they were heavily redacted. The U.S. must support requests for evidence this time around. 

Deportation flights continue…for now

As indicated by Toto Constant’s arrival in Haiti, deportation flights are continuing. We encourage everyone to continue to reach out to members of Congress and press for an end to these flights.

If you have not done so yet, you can send a message to your member of the House and ask them to support legislation to end deportations to Haiti. The Haiti Deportation Relief Act was introduced by Frederica Wilson and has the support of committee and subcommittee chairs on the Foreign Relations committee – which means it could get a hearing, committee vote and make it to the floor of the House if people show enough support. It clearly will have a hard time moving in the Senate – but we must press when and where we can!

In addition, the Quixote Center’s Executive Director, John Marchese, was one of 360+ human rights activists and other notables to sign a letter that was sent to the Department of Homeland Security and State Department, including the U.S. Ambassador to Haiti, last week. The letter was organized by the Haitian Bridge Alliance. You can read that here. You can also then print this letter, and send it with a message to your members of Congress to end deportation flights! Find their address here.

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Take Action to Halt Deportations to Haiti

One of the most obvious ways in which ICE continues to thumb its bureaucratic nose at decency and common sense is their policy of continuing deportations amidst a global pandemic. Based on information from public flight tracking websites, the Center for Economic and Policy Research has identified 330 likely deportation flights to Latin America and the Caribbean since February 3, 2020. There were three flights yesterday – two to Mexico, one to the Dominican Republic.

We know that these flights have sent people who tested positive for COVID-19 to Mexico, Guatemala, Colombia, El Salvador, Jamaica, India and Haiti. Likely, people with the virus have been deported to most other places these planes fly. At this point it would be nearly impossible to assemble a flight where no one had been exposed, as coronavirus is now present throughout the ICE detention network. The testing regime is insufficient. ICE does not test everyone before they board a deportation flight, and those who are tested are given a 15-minute, “rapid test” that has been demonstrated to have a high false negative rate.

The chorus of people who have asked these flights to be halted is significant: Editorial boards, members of Congress and nearly every non-governmental organization working on immigration policy or in a country impacted by these flights. For more background on these flights and the problems associated with them you can read our reporting on this blog, Jack Johnson’s research article on the CEPR blog, or Daniella Burgi-Palomino’s opinion piece on Truthout here.

The latest effort demanding a halt to these flights is a letter to State Department officials, including the U.S. ambassador to Haiti, organized by the Haitian Bridge Alliance. This letter is demanding that deportation flights to Haiti in particular be halted throughout the duration of the current health crisis. The letter was released today. From the Haitian Bridge Alliance press release:

Today Ibram X Kendi, Danny Glover, Edwidge Danticat, Rev. Jesse Jackson Sr., Opal Tometi, Guerline Jozef, Dr. Barbara Ransby PhD, Randall Robinson, Jackson Browne, and Rainn Wilson, along with 359 other prominent human rights, humanitarian and racial justice leaders signed a letter urging the United States to immediately halt deportations to Haiti during the COVID-19 pandemic.

A letter to the U.S. Ambassador to Haiti Michele Sison, Secretary of State Mike Pompeo and Department of Homeland Security Acting Secretary Chad Wolf states: “Deportations export COVID-19 throughout the region and put countless lives at risk….The capacity of Haiti’s health system to respond to COVID-19 cases is already at its limit,” and a spike of infections could “destroy an already weak economy and exacerbate political instability.”

Immigration and Customs Enforcement (ICE) has sent six deportation flights to Haiti since March 18, despite the serious risk of infection to deportees and transmission upon arrival. At least eight deportees who had tested positive for COVID-19 by ICE were deported to Haiti on May 26. One of them complained of symptoms the night before he was deported. Given the severe limitations on the availability of COVID testing and the unreliability of test results, “there is simply no safe way to deport persons.”

ICE told the Senate Judiciary Committee on June 2, 2020, that it does not test all detainees before deporting them. The letter notes that of the 30 Haitians deported on May 26, 14 were not tested before deportation, and the other 16 were tested with the “15 minute test” which the Food and Drug Administration considers unreliable because it gives “false negatives.” The lack of reliable testing violates explicit promises given by the United States to Haiti that it would test all deportees within 72 hours of their departure.

What can you do….

Frederica Wilson has introduced legislation in the House of Representatives to halt all deportations to Haiti until the health crisis in both countries is over. You can click on the button below send a message asking your member of Congress to co-sponsor this legislation.

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COVID-19 in Haiti: Update from Gros Morne

Interactive, updated map of COVID-19 cases in Haiti

Geri Lanham works with our partners based at the Jean Marie Vincent Formation Center in Grepin, Haiti (just outside of Gros Morne). She offers an update below on the current situation in the area. Gros Morne has had one confirmed case as of June 11, 2020. The person, who was also diabetic, has died*. The community is nevertheless feeling the impact of the pandemic on everything from school schedules to food prices. Included are photos from our emergency seed distribution, ongoing as the rains have begun. Thanks to everyone who has supported these efforts – Tom Ricker

In Gros Morne we do not yet have a confirmed case of covid-19, but people are feeling the impact of the global pandemic. Community organizations created handwashing stations out of buckets and spigots, and placed them along the main streets in town. Local bank branches were some of the earliest adopters of covid prevention measures like washing hands and wearing facemasks, and they are now employing social distancing so that people can continue to utilize their vital services in this cash based society. Since many family members who went abroad now find themselves out of work, remittances are down for families back home in Haiti. Since the president officially closed the borders in a country where imports make up a large portion of the goods in the market, it has been more complicated to supply basic goods via the new guidelines of who and what can enter the territory. 

Many Haitians who entered the Dominican Republic for work in the past few months have made the decision to return to Haiti since the health crisis lockdown has been more severe across the border. Thousands of them have returned via irregular border crossings, which means that very few of them have gone into quarantine. Since there are over 10,000 confirmed cases in the Dominican Republic, this unregulated population of returnees poses a risk to the fragile healthcare system, especially since some of them are returning to the countryside to places like Gros Morne where healthcare resources are ill-equipped to manage an outbreak of covid-19. Thanks to community education campaigns, people here have tentatively begun to wear locally-made reusable cloth face masks, although practicing social distancing is practically impossible in the stressed parameters of the large local market and on public transport.  

As the exchange rate continues to rise north of 100 Haitian gourde to 1 US dollar, everyone is feeling the pressure of decreased purchasing power in the local markets. School teachers who have been out of work since 20 March are struggling to provide basic food for their families. Prices for basic goods like a bag of rice increase weekly, at a time when fewer and fewer families have the economic capacity to buy in bulk for a discounted price. Basic monthly provisions of rice, beans and oil now cost the equivalent of $50 USD. For teachers who were making about $100 USD per month, they now have to spend 50% of their income on basic food. and that does not include any spices or vegetables. 

Many families, especially in the countryside, rely at least partially upon income from their gardens to support their families. As a result of global climate change, the seasonal rains were slow to come this year. That means that the spring planting season was pushed back a few weeks in Gros Morne, which in turn increases the weeks of hunger that families will have to endure between planting and harvest. And this year the rains started and then promptly became irregular to the point that farmers who planted at the first rain lost some of their crop if they were not able to provide an alternate water source for irrigation of their fields. 

Schools have been closed for over 2 months. After the president announced that the schools and churches would remain closed until at least 20 July, the Ministry of Education presented a plan that would see schools opening at the beginning of August or the beginning of September, depending upon how the situation develops or deteriorates in the next few months. Due to a lack of access to regular electricity, it has been a challenge to support distance learning initiatives. Some schools have been able to take advantage of whatsapp, google classroom, and other technology to enable them to continue to provide classroom content for their students, but they are very much in the minority. 

In Gros Morne, we are launching a series of courses on the radio intended for secondary school students. The Ministry of Education maintains that once the students have returned to school, they will take official state exams after about 50 days of classroom instruction. Somehow during that time they are supposed to absorb, process, and comprehend the content that they were supposed to cover over the course of the more than 100 days of instruction they have missed this academic year between the locked country political debacle and now the coronavirus crisis. The math does not seem to add up, but the schools have to do something to salvage this academic year. Due to lack of electricity, it will be impossible to reach 100% of the students, but for those who are able to tune in this will at least provide a starting point as we start to look toward the future that will at some point involve classroom learning again. 

There is a sense of being in a holding pattern that involves suffering no matter what. People are trying to be responsible and take precautions to protect themselves and their families from contracting covid-19. But as they attempt to do this, they do not have much support, if any, from the state or other sources to enable them to provide the basics for their families. Students are suffering as they must sit and home and wait for the education structure to welcome them back to class, and parents are suffering as they must venture out to provide for their families while they know the risk and the lack of medical services if they do get sick. What little they are able to do still equals the current reality of families who are suffering from hunger and lack of resources in the midst of a pandemic.

  • This passage was updated since the article was originally published to reflect the one confirmed death in the area.
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Update: While flights continue, Wilson introduces bill to halt deportations to Haiti

Haitian migrants ride on a bus after arriving on a deportation flight from the United States, amidst the outbreak of the coronavirus disease (COVID-19), in Port-au-Prince, Haiti [Jeanty Junior Augustin/Reuters]

We reported on Friday that Immigration and Customs Enforcement was intending to include several people confirmed positive with COVID-19 on a deportation flight to Haiti. You can read that related background on the flights here.

On Monday, Immigration and Customs Enforcement removed three people from a deportation flight to Haiti once it was made public that the individuals had tested positive for COVID-19 and that ICE intended to deport them anyway. Of course, the other 97 people on the flight were likely exposed to the novel coronavirus that causes COVID-19 while in detention within the United States, as ICE has failed to take steps necessary to protect people in detention, and has refused to implement judicial orders to release people at risk more quickly. Releases are happening, but very slowly. 

All of those deported were subjected to further testing and possible quarantine upon their return to Haiti. The people being deported also face a growing backlash, one seen in Guatemala and elsewhere, as people fear that those who have been deported from the United States are spreading the disease. Through no fault of their own they have become targets of ostracization and even threats of violence upon return.  

Representative Frederica Wilson introduced legislation yesterday calling for the suspension of all deportation of Haitians until the pandemic is brought under control. The “Haiti Deportation Relief Act” comments on the bill:

“Deporting people to Haiti in the midst of a global pandemic is both inhumane and unsafe. Continuing these flights will likely contribute to the spread of the novel coronavirus in the impoverished nation where many people do not have access to basic health care,” said Congresswoman Wilson. “That is tantamount to a death sentence for Haitians who are living with compromised water and sanitation systems and do not have access to the sanitation measures we’ve undertaken in the United States.”

“ICE (U.S. Immigration and Customs Enforcement’s) continues to deport people in the midst of a global pandemic and risks contributing to the spread of COVID-19. We simply should not be deporting anyone who has been in an affected facility, nor to countries such as Haiti that may struggle to respond to an outbreak,” said Rep. Bennie G. Thompson, chair of the Committee on Homeland Security. “I applaud Representative Wilson for her advocacy, and I am proud to join my colleagues in calling for deportation flights to be halted.”

“The Trump administration’s decision to continue deporting Haitians during a global pandemic is irresponsible and cruel. Even before the pandemic, Haiti faced a significant political and economic crisis,” said Rep. Eliot L. Engel, chair of the Committee on Foreign Affairs. “These deportations are indefensible and must be halted immediately. I commend Representative Wilson for this crucial legislation.”

Meanwhile, deportation flights continue. Legislation to end all deportations for the duration of this crisis is needed. Though we know such an effort faces an uphill, perhaps impossible, battle in the Senate (and would not be that easy even in the House), it still seems a fight worth pressing for.

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