[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 182 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. CON. RES. 182

     Concerning United States interdiction of Haitian vessels and 
                              individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 1993

 Ms. McKinney (for herself, Mr. Blackwell, Ms. Waters, Mr. Tucker, Mr. 
 Reynolds, Mr. Dixon, Mr. Rush, Ms. Brown of Florida, Miss Collins of 
Michigan, Mr. Scott, Mr. Payne of New Jersey, Mrs. Meek, Mr. Hastings, 
 Mr. Watt, Mr. Flake, Mr. Rangel, Mr. Dellums, Ms. Norton, Mr. Owens, 
 Mr. Fields of Louisiana, Mr. Hilliard, and Mr. Clyburn) submitted the 
following concurrent resolution; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
     Concerning United States interdiction of Haitian vessels and 
                              individuals.

Whereas the United States has a unique agreement with Haiti permitting the Coast 
        Guard to stop, board, and detain Haitian vessels and individuals found 
        on board such vessels;
Whereas under this agreement the United States declares that it does not intend 
        to return to Haiti any migrants found to be refugees;
Whereas on September 30, 1991, the first democratically elected president in 
        Haitian history, Jean Bertrand Aristide, was forcibly overthrown;
Whereas a United States District Court stated in an uncontested finding that 
        since the military coup ``hundreds of Haitians have been killed, 
        tortured, detained without warrant, or subjected to violence and the 
        destruction of their property because of their political beliefs'';
Whereas the Governor's Island Accord has been blatently disregarded by the coup 
        leaders and no implementation of the accord appears imminent;
Whereas prior to May 24, 1992, the United States routinely screened interdicted 
        Haitians to determine whether they had a credible fear of persecution in 
        Haiti if returned;
Whereas since May 24, 1992, the United States has had a policy of returning all 
        interdicted Haitians regardless of the prospects of persecution upon 
        return;
Whereas approximately 30 percent of the Haitians interdicted during the months 
        preceding the institution of the blanket return policy were found to 
        have credible fears of persecution;
Whereas the interdiction program as currently instituted deprives Haitians of 
        the opportunity to escape dire circumstances by sea to a place other 
        than the United States; and
Whereas even after the Supreme Court held that nothing in statute or treaty 
        prevents a blanket return policy, the United States reportedly screened 
        Chinese interdicted off the Pacific coast to determine whether any of 
        them had a credible fear of persecution if returned to China: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) no Haitian interdicted by any officer or employee of 
        the United States should be forcibly returned to Haiti prior to 
        being interviewed by a trained asylum officer to determine 
        whether she or he has a credible fear of being persecuted on 
        return because of race, religion, nationality, membership in a 
        particular social group, or political opinion; and
            (2) any Haitian found to have a credible fear of 
        persecution should be paroled into the United States for the 
        purpose of applying for political asylum.

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