Removal flights to Haiti continue at a slower pace, Title 42 must be ended!

Between September 19 and October 5, the Biden administration expelled over 7,200 people to Haiti on 67 flights. Between February 1 and September 15, the Biden administration deported 2,140 people on 37 flights.

So, since taking office Biden has expelled 9,300 people to Haiti on 94 flights. Three-fourths of those expulsions have happened over the last two weeks. The Biden administration has also repatriated 400 people interdicted at sea.

Though the pace of the flights has fallen off considerably from last week, they are ongoing. What this has looked like between September 19 and October 5:

  • 67 flights total
  • 7,200 people expelled, 
  • 19% of those expelled have been children, 56% adult men, 25% adult women.

Where did these flights go?

  • 43 flights to Port-au-Prince
  • 24 flights to Cap-Haitien

Where did the flights come from?

  • 1 flight originated in Alexandria, Louisiana
  • 2 flights originated in Brownsville, Texas
  • 3 flights originated in San Antonio, Texas
  • 28 flights originated in Laredo, Texas
  • 33 flights originated in Harlingen, Texas

Immigration policy is also a big business….

  • 6 flights were flown by Global Crossing Airlines
  • 7 flights were flown by Eastern Airlines
  • 22 flights were flown by World Atlantic Airlines
  • 32 flights were flown by iAero Swift Air

Finally, the International Organization on Migration, which provides assistance to people upon their arrival in Haiti, is underfunded. People are supposed to receive 10,000 Hatiain gourde upon their arrival (about $100) to help with resettlement. A ridiculously low amount, all things considered. But IOM has been giving out 1,000 HG instead – enough, maybe, to get a bus from Cap-Haitien back home. In Port-au-Prince, people were reportedly receiving 5,000 HG with a promise of more via Mon Cash. The Biden administration had promised to provide assistance to returned individuals and families, but has not yet delivered that assistance to IOM..

The issue remains Title 42

Underlying the debacle that continues to unfold for Haitians this month, is the Biden administration’s commitment to enforcement of the Trump era policy of expelling asylum seekers under a faux public health order using “Title 42” authority. 

While we’ve had plenty to say about Title 42 over the last 18 months, the best thing said about it recently is from Harold Koh, who became the latest member of the administration to resign in disgust over Biden’s treatment of Haitians. From Koh’s resignation letter:

The current Title 42 expulsion policy applies to individuals who are already in the United States, and to whom our legal obligations under the Refugee treaties and parallel statutes have undeniably attached. Migrants who arrive at the border are not screened for fears of persecution upon return unless they affirmatively raise their fear, in what is informally known as the “shout test.” To establish that fear, the migrant show more than a reasonable possibility of fear, but must instead meet a higher “more likely than not” standard, i.e., the standard for ultimately prevailing on the merits by showing that they have at least a 51% chance of being persecuted or tortured if returned. There have also been disturbing reports that some migrants were not even told where they were being taken when placed on deportation flights, learning only when they landed that they had been returned to their home country or place of possible persecution or torture, i.e. the exact act of refoulement that is forbidden by the CAT and the Refugee Convention! In my legal opinion, as former State Department Legal Adviser and as former Assistant Secretary of State for Democracy, Human Rights and Labor, the “shout test” and the higher screening standard inevitably create an unacceptably high risk that a great many people deserving of asylum will instead likely be returned to countries where they fear persecution, death, or torture.

On Haiti specifically, Koh has this to say:

Continuation of Title 42 flights to Haiti is particularly unjustifiable in light of its designation for TPS status due to “extraordinary and temporary conditions” that “prevent its nationals from returning safely.” TPS applies to Haitians already present in the United States as of July 30, 2021, regardless of their immigration status. The Haitian TPS designation announcement in May cited “serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic.” And that was before the assassination of President Moïse thrust the country into even greater political instability and a devastating earthquake on August 14, 2021 and Tropical Depression Grace on August 16, 2021 further devastated the impacted area, degrading infrastructure throughout the country. Following the 2010 earthquake, the Obama Administration suspended deportations to Haiti for over a year and thereafter resumed them only on a limited basis for five additional years until 2016, when DHS found that “the situation in Haiti has improved sufficiently to permit the U.S. government to remove Haitian nationals on a more regular basis.” Yet conditions in Haiti are far worse today than they were then.

Koh’s resignation once again thrusts Biden’s commitment to Title 42 as a policy choice into the spotlight. The administration continues to insist that Title 42 is necessary – even if the practice of Title 42, at least as it has applied to Haitians, makes absolutely no sense from a public health standpoint.

Daniel Foote briefs the House Foreign Affairs Committee

The other high profile resignation from the Biden administration was Daniel Foote. Foote had been appointed by the Biden administration as a Special Envoy to Haiti shortly after Moise’s assassination. He resigned two weeks ago over a combination of disgust at the deportation policy, as well as citing his frustration with the Biden administration’s interference in the political crisis, especially the blanket support of interim (unelected) prime minister Ariel Henry.

On Thursday, Daniel Foote will brief the House Foreign Affairs Committee on the issues that led to his resignation. That hearing will be live-streamed. You can watch that here.

 

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