[Congressional Record Volume 148, Number 54 (Friday, May 3, 2002)]
[Extensions of Remarks]
[Page E713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INTRODUCING THE HAITIAN ADJUSTMENT OF STATUS ACT 2002

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                         Thursday, May 2, 2002

  Mr. HASTINGS of Florida. Mr. Speaker, last week, the Immigration 
Reform and Accountability Act was passed by an overwhelming majority. I 
rose at that time to express my concerns that the bill did not, as its 
title suggested, actually reform any of our immigration policies, it 
simply restructured the INS for the purpose of efficiency--a laudable 
first step to be sure. But a ``first step'', and little else.
  Countless times, I have risen to express my concerns that more needs 
to be done to support and assist Haitian aliens in our country. A 
newspaper article published just last week quotes the Office of the 
UN's High Commissioner for Refugees saying that our policy on Haitian 
asylum seekers is ``contrary to the norms and principles of 
international refugee law''. As disturbing as that statement is, even 
more disturbing is the knowledge that the INS policy on Haitian aliens 
differs from the policy on aliens from other nations.
  I am introducing a bill today that will rectify some grievous 
inequities in the current INS immigration policies. Policies that grant 
different types of treatment to refugees, based solely on their country 
of origin.
  My bill is specifically focused on Haitian aliens who have been 
living and working in our country for several years. It enables the 
Attorney General to adjust the status of these eligible aliens to that 
of ``permanent resident''. Further, my bill also includes provisions 
for permanent resident status when the alien is the spouse or child of 
an alien lawfully admitted as permanent resident.
  In point of fact, this bill does nothing more than provide fair 
treatment to aliens who have been living and working in this country 
for years as good neighbors and dedicated employees.
  Study after study has shown that legal immigrants give us more than 
they take out in the form of benefits. They are asses to our economy 
and are often successful entrepreneurs who pay taxes and hire 
employees.
  Thus, I continue to believe that legal immigration is one of the 
sources of America's greatness, as our country has prided itself on the 
strength of its diversity. We are a Nation of immigrants and those who 
enter our borders legally should be afforded equal opportunity to excel 
and prosper.
  When we passed the Immigration Reform and Accountability Act last 
week, we missed an opportunity to take steps to actually ``reform'' our 
immigration policies. The bill I introduce today is an essential first 
step in ensuring ``justice for all . . .''
  I urge my colleagues to support his legislation.

                 [From the Miami Herald, Apr. 24, 2002]

                          Misguided INS Policy

       The U.S. Immigration and Naturalization Service continues 
     to detain Haitian asylum seekers, denying them a fair shot at 
     winning their cases on merit. The policy is discriminatory 
     and wrong. It also is ``contrary to the norms and principles 
     of international refugee law,'' according to the Office of 
     the United Nations High Commissioner for Refugees.
       The commission's opinion comes as local immigration 
     advocates have sued for release of the Haitian refugees. The 
     lawsuit, which seeks class-action status, charges that the 
     INS has singled out Haitians for mistreatment because of 
     their race and nationality. It also accuses the INS of 
     constitutional violations.
       The INS says the Haitians haven't been officially admitted 
     to the United States, don't have constitutional protections 
     and that releasing them is contrary to ``the public 
     interest.''
       The policy has been in place since Dec. 3, when 165 
     Haitians were brought ashore from an overcrowded boat that 
     foundered near Miami. Now in INS custody, most have been 
     found to have credible fear of persecution. After passing 
     this hurdle, other nationalities are generally released to 
     pursue their cases.
       But the Haitians, who now number more than 240, remain 
     locked up and subjected to expedited asylum proceedings. The 
     situation ensures that most Haitian refugees won't be able to 
     find a lawyer, gather necessary documents or prepare 
     adequately to argue the merits of their asylum petitions.
       For those fortunate enough to have obtained pro bono 
     attorneys, contacting them has become increasingly difficult. 
     That's what attorneys say after having to wait hours to see 
     Haitian clients at INS's Krome detention center and in a 
     county jail.
       In court documents, the INS says that its policy is 
     designed to deter a Haitian exodus. Federal officials were 
     concerned ``that paroling the migrants from the Dec. 3 vessel 
     might cause others to attempt dangerous maritime departures . 
     . . or trigger a mass migration,'' said Michael Becraft, 
     INS's Acting Deputy Commissioner. Thus, the harsh new policy.
       Haitians seeking refuge from threats of death, rape, 
     beatings and other political persecution now get locked up. 
     They remain jailed at taxpayer expense until deported or 
     granted asylum--processes that take months or years.

                                  ____
                                  

          [From the South Florida Sun-Sentinel, Apr. 24, 2002]

                        Make the Rules the Same

       People from nearby island nations who climb on rickety 
     boats or rafts and try to reach Florida should be 
     discouraged. Often, they are putting their lives into the 
     hands of smugglers and thugs. Many have drowned.
       But sometimes those flimsy vehicles carry some people who 
     would be harmed or killed if sent home. U.S. laws distinguish 
     between economic refugees and people with a real and credible 
     fear of persecution.
       New immigration rules distinguish between Haitian asylum-
     seekers and those of other immigrant groups. Last December, 
     the Immigration and Naturalization Service changed the rules, 
     mandating no parole for Haitians with credible asylum claims. 
     This means that Haitian asylum-seekers must stay behind bars 
     until the case is heard.
       These rules don't apply to asylum-seekers of other 
     nationalities--Cubans, Chinese, South Americans. Unless they 
     are suspected terrorists, these asylum claimants can be 
     released to their relatives or sponsors.
       The INS says the rules were changed to discourage Haitians 
     from taking to the seas and becoming the victims of 
     smugglers. As political turmoil has increased in Haiti, so 
     have illegal boat trips.
       Illegal immigration is a crime. The United States has the 
     right and the responsibility to protect its borders and 
     enforce its laws.
       Yet treating Haitians differently from other immigrant 
     groups isn't the right way to protect them or solve the 
     problem. There are other ways to deter smuggling trips, such 
     as cracking down on smugglers and increasing border patrol.
       The INS has begun releasing some of the 240 detained 
     Haitians who are seeking asylum. Among the released are 
     Haitians who have arrived by plane and whose families can 
     prove they have the income to support them. This is a 
     positive step, but it's not enough.
       Illegal boat trips should be discouraged. But Haitians who 
     have a real fear of persecution should be treated the same 
     way other immigrant groups are. To do otherwise isn't fair or 
     just. It's discriminatory.

     

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