Clarke, Haiti Caucus co-chairs want TPS for Haitian migrants, more aid for Haiti

Caribbean-American Congresswoman Yvette D. Clarke (NY-09), along with Haiti Caucus Co-Chairs Ayanna Pressley (MA-07) and Sheila Cherfilus-McCormick (FL-20), on Tuesday led a group of 50 lawmakers urging the Biden administration to redesignate Haiti for Temporary Protected Status (TPS), pause on deportations back to Haiti, extend humanitarian parole to any Haitians currently detained in Immigration and Customs Enforcement’s (ICE) detention centers, end detention of Haitian migrants intercepted at sea, and provide additional humanitarian assistance for Haiti.

“We urge the administration to redesignate Haiti for Temporary Protected Status, halt deportations back to Haiti, and extend humanitarian parole to any Haitians currently detained in Immigration and Customs Enforcement’s detention centers,” the lawmakers wrote.

“Additionally, we request your administration’s end to the detention of Haitian migrants who were interdicted at sea,” they added. “The possibility of transferring them to Guantánamo Bay naval base and other offshore migrant detention centers is concerning and must not be explored.

“In addition, we are asking that you provide humanitarian assistance to help Haitians navigate these tragically traumatic and difficult times,” they continued. “As you are aware, Haiti is amid an unprecedented humanitarian crisis, as gang violence plagues the country driven in large part by extreme political instability.”

The congressional representatives said the extension and redesignation of TPS for Haiti will protect Haitian migrants against removal to a country ill-equipped to handle their return.

They noted that the current TPS designation is effective until Aug. 3, 2024 and that all the conditions leading to the Biden administration’s original TPS redesignations on Dec. 5, 2022, and Aug. 3, 2021, “in addition to the deteriorating crisis described herein, exhibit temporary and extraordinary conditions that make a safe return to Haiti impossible.”

“Thus, we urge for the extension and re-designation of TPS for Haiti,” they stressed.

In addition, the legislators called on the Biden administration to extend Special Student Relief employment benefits for nonimmigrant students from Haiti experiencing severe economic hardship. This notice is also set to expire on Aug. 3, 2024.

Further, they strongly urged the administration to stop the unconditional deportation of migrants to Haiti, expressing alarm that 65 Haitian migrants interdicted at sea were recently repatriated.

The congressional representatives noted that the US Department of State has issued a Level 4 Travel Advisory for Haiti, citing high rates of kidnapping, crime and civil unrest.

They said that international laws and principles, including the principle of non-refoulement under the 1951 Refugee Convention, stipulate that individuals should not be deported to countries where they face severe threats to their life or freedom.

“As such, just as the US halted all deportations to Haiti on Jan. 13, 2010, the day after the earthquake, and again in October 2016 following the devastation of Hurricane Matthew, this administration should cease deportation flights and at-sea repatriations to Haiti,” the lawmakers urged.

They also urged for the release of Haitians currently detained, stating that “there is ample evidence that Black people in detention are subjected to disparate treatment like higher bond amounts.

“Black migrants also face far higher levels of abuse and violence in ICE’s detention centers,” they said.

Despite only making up 6 percent of the people in ICE detention, the lawmakers said Black migrants comprise 28 percent of abuse-related reports and 24 percent of those in solitary confinement.

“For individuals deemed to pose a security threat who cannot be returned to their home country due to the risk of harm, we recommend exploring alternatives to detention that balance the need for security with the individual’s right not to be returned to harm,” they said.

As Haitian immigrants proceed with their asylum claims, the congressional representatives said they should be allowed to be with their families in the US and be provided with a pathway to temporary residency, urging the administration to expand and expedite other humanitarian pathways.

They said they were concerned to see recent reports that the Biden administration is considering detaining Haitians interdicted at sea transferred and processed at the Guantánamo Bay naval base in Cuba and other offshore migrant detention centers.

“Given the deteriorating conditions in the country and a history of US-Haiti relations marred by systemic racism and mistreatment toward the Haitian people, we urge you to abandon the plan,” the lawmakers said. “Instead, we urge you to focus on creating safe pathways to protection for Haitian nationals, which include access to a credible and humane asylum process.”

They said they were “glad to see” that the US providing an additional US$25 million in humanitarian assistance for Haiti, which builds on the US$33 million Secretary of State Antony Blinken announced on Mar. 11, 2024.

The legislators said this funding is “crucial” to efforts by the United Nations and Non-Governmental (NGO) partners to provide immediate food assistance, essential relief supplies, relocation support, psycho-social support, emergency health care, safe drinking water, and protection services for the most vulnerable, including women and girls.

“We request you provide a report outlining the dissemination of these funds and recommend partnering with organizations on the ground in Haiti to facilitate distribution,” they said. “We thank you in advance for your immediate attention to this matter. We look forward to working with you to prevent any further suffering and unnecessary loss of life.”

Co-signers in the US House of Representatives include Gabe Amo, Joyce Beatty, Jamaal Bowman, Cori Bush, Tony Cardenas, Troy Carter, Greg Casar, Kathy Castor, Joaquin Castro, Emanuel Cleaver, Danny Davis, Veronica Escobar, Adriano Espaillat, Dwight Evans, Maxwell Frost, Jesus “Chuy” García, Raul Grijalva, Steven Horsford, Jonathan Jackson and Sheila Jackson Lee.

The others are: Pramila Jayapal, Hank Johnson, Sydney Kamlager-Dove, Robin Kelly, Ro Khanna, Barbara Lee, Summer Lee, Jennifer McClellan, Jim McGovern, Grace Meng, Kweisi Mfume, Eleanor Holmes Norton, Ilhan Omar, Donald Payne, Mark Pocan, Mike Quigley, Delia Ramirez, Jan Schakowsky, Terri Sewell, Darren Soto, Marilyn Strickland, Bennie Thompson, Rashida Tlaib, Ritchie Torres, Marc Veasey, Nydia Velázquez, Debbie Wasserman Schultz, Bonnie Watson Coleman, Williams, and Frederica Wilson.

The letter is endorsed by 140 organizations and advocacy groups, including UndocuBlack Network; Haitian Bridge Alliance; Communities United for Status and Protection (CUSP); African Communities Together; National Association for the Advancement of Colored People (NAACP); Florida Immigrant Coalition (FLIC); Haitian Americans United for Progress, Inc. (HAUP); Alianza Americas; National Immigrant Justice Cente; and Adhikaar for Human Rights and Social Justice;

Others include: Human Rights First; Institute for Justice and Democracy in Haiti; International Refugee Assistance Project (IRAP); TPS-DED AAC Coalition; Center for Gender & Refugee Studies; Faith in Texas; Immigration Hub; National Partnership for New Americans (NPNA); and Estrella del Paso (Formerly Diocesan Migrant and Refugee Services, Inc.).

Last month, Clarke, the daughter of Jamaican immigrants, who represents the 9th Congressional District in Brooklyn, joined with the co-chairs on the Haiti Caucus in the US House of Representatives in calling for the urgent deployment of a Multinational Security Support Mission and humanitarian assistance to Haiti.

“The time has come for Prime Minister Ariel Henry to do what is right for the Haitian people. He should not return to Haiti, and he should immediately hand over power to a transitional consensus government,” said the co-chairs in a joint statement.

“It is crucial that all parties in Haiti urgently put aside their differences and form a transitional government that does not include Ariel Henry, criminals and/or associated organizations,” they added. “No one’s personal ambition is worth the blood of innocent Haitian lives.”

The co-chairs said they continue to be “deeply concerned by the deteriorating situation in Haiti,” stating that at least 80 percent of Port-au-Prince, the capital, is under the control of gangs “while de facto Prime Minister Ariel Henry is out of the country and has no credibility to lead.”

The congressional representatives noted that, last year alone, there were nearly 5,000 murders, 2,000 kidnappings, and more than 310,000 people who have been internally displaced.

“Gangs are routinely using sexual violence and have threatened to start a civil war,” the co-chairs said. “Enough is enough. “We urge our colleagues in Congress to join the Biden-Harris Administration and the international community in funding urgent assistance to restore security for the Haitian people.

“Every day we wait for this critical funding, more Haitians will die,” they warned. “The clock is ticking.”