Rights Groups Oppose Recent Remarks Targeting the Haitian Immigrant Community

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The Honorable Hakeem Jeffries, House Minority Leader The Honorable Charles E. Schumer, Senate Majority Leader The Honorable Steven Horsford, Congressional Black Caucus Chair The Honorable Pramila Jayapal, Congressional Progressive Caucus Chair

September 30, 2024

RE: Protections for Haitian Migrants

Dear President Biden, Vice-President Harris, Secretary Mayorkas, Director Tanden, Director Jaddou, Officer Wadhia, Advisor Sullivan, and Secretary Blinken:

The Haitian Bridge Alliance, Family Action Network Movement, Florida Immigrant Coalition, UndocuBlack Network, and Human Rights First together with the undersigned immigrants' rights, civil rights, worker rights, racial justice, cultural, and faith-based organizations write to express our outrage at recent remarks targeting the Haitian immigrant community in Springfield, Ohio made by sitting members of Congress, and other high profile individuals. Historically, Haitian immigrants in the U.S. have been subjected to dehumanizing stereotypes, from false accusations of spreading disease to xenophobic portrayals in the media. These tropes perpetuate discrimination and violence to an already marginalized community.

This rhetoric escalates real-world harm, from bomb threats to community evacuations, as we witness an increase of anti-immigrant sentiment fueled by misinformation, especially against Black immigrants. This not only reinforces dangerous stereotypes but also undermines efforts to build trust, safety, and dignity for immigrant communities. As leaders of this administration, you have the responsibility to not merely condemn these harmful narratives but also to implement policies that reflect a commitment to human rights and justice. This has been a particularly difficult time for the Haitian-American community to contend with the violent repercussions of this harmful narrative, as they are continuing to be concerned with the ongoing crisis in Haiti, which has left communities and families devastated in the country. We call on your administration to take the following immediate actions that would protect Haitian migrants in Springfield and across the country:

1. Implement a moratorium on deportations by air or sea to Haiti: Former President Trump has vowed to deport Haitian immigrants, specifically in Springfield, Ohio, if elected. Despite condemning President Trump’s statements, this current administration is carrying out the very actions that President Trump has promised—continuing deportations of Haitians across the country, as recent as September 26, 2024. Many of the Haitians targeted by Trump’s vitriol arrived in the U.S. through the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program, while others are here under Temporary Protected Status (TPS) because the U.S. itself has recognized that Haiti is not a safe place to deport anyone to.

   This disconnect between condemning harmful rhetoric and engaging in the same harmful practices undermines trust in U.S. immigration policy and the administration’s commitment to human rights and international law. The U.S. must lead by example and cannot justify these actions by pointing to other countries, like the Dominican Republic, that are also deporting Haitians and violating their human rights.

   As a nation that prides itself on being a beacon of freedom and human rights, the U.S. is failing to live up to its own values by deporting Haitians back to a country overwhelmed by political instability, violence, and humanitarian disaster. International law, specifically the 1951 Refugee Convention, prohibits refoulement—the return of refugees to places where they face serious threats to their life or freedom. We urge this administration to implement a moratorium on deportations to Haiti until the political, health, and safety situation in the country improves to acceptable international standards.

2. Ensure Accountability, Oversight, and Reform in CBP One Processing: There are persistent and deeply troubling issues with the CBP One application, particularly when it comes to the approval of emergency cases. These failures are costing lives—avoidable, tragic deaths within our community, especially among Black asylum seekers, who often face compounded barriers due to language differences and systemic racism in Mexico, where they are being denied medical care.

   We request that ports of entry prioritize the prompt processing of individuals with urgent medical and safety needs, including those experiencing mental health crises, survivors of or those at risk of kidnapping, sexual assault, and other violent threats. While some ports of entry have allowed these individuals to be processed, others have denied them this critical chance, further endangering their lives. This inconsistency in life-or-death situations is indefensible. Additionally, better access must be made for those unable to use the CBP One app due to barriers such as illiteracy, language, or disabilities. CBP One must also be available and publicized in French and Arabic for our siblings from African countries who are marginalized and believe that they are ineligible to use the mobile application.

   It is equally unacceptable that individuals who miss their CBP One appointments due to kidnapping, medical emergencies, or unlawful detention by Mexican authorities are not uniformly given the opportunity to quickly reschedule and instead must start from the beginning, which could take an additional ten to twelve months. Again, while some ports of entry have allowed these individuals to be processed, others have denied them this critical chance.

   There must be immediate, clear, and enforceable oversight to ensure that every port of entry uniformly honors and processes asylum seekers with emergency cases or who missed appointments due to circumstances beyond their control. CBP cannot continue to operate with such dangerous disparities that cost lives.

3. Provide Transparency for Haitian asylum seekers in Maritime Interdictions Processes: The U.S. government should prioritize granting Haitian asylum seekers in U.S. Coast Guard (USCG) custody the opportunity to communicate with legal representatives and humanitarian organizations, particularly during their credible fear screening with USCIS. Given the ability to conduct fear screenings via satellite phone, similar technology should be used to facilitate communication with legal counsel and family members. Denying access to such support while people are navigating legal processes that affect their rights must be rectified as an urgent priority. Additionally, the U.S. should provide a clear rationale for why individuals detained during maritime interdictions are not included in the DHS detainee locator or the new CBP locator, and take steps to ensure transparency and traceability for all detainees at all times.

   There must also be an immediate and public update on the Civil Rights and Civil Liberties (CRCL) investigation into the maritime interdictions concerning Haitian asylum seekers, launched in January 2023, nearly two years ago. This investigation is crucial to assess compliance with human rights standards, including the principle of non-refoulement. Of particular concern is the recent action by USCG, which repatriated 124 people to Haiti on September 18, 2024, following two separate interdictions off the coast of Haiti. Again, on September 27, 2024, the U.S. repatriated 182 migrants to Haiti. This underscores the urgency of ensuring that all interdictions and repatriations are conducted in strict adherence to international human rights obligations.

This month marks the third anniversary of the humanitarian crisis in Del Rio, Texas, where, on September 19, 2021, around 15,000 Haitians arrived seeking refuge from violence and political instability. Despite advance notice, this administration failed to provide proper support and subjected these migrants to inhumane treatment, including aggressive force by border patrol agents. Over 24,000 Haitians, including infants as young as nine-days old, were deported without access to asylum. The lack of accountability, including a narrow Department of Homeland Security (DHS) investigation and efforts to dismiss an ongoing legal action, continues to raise concerns about the administration’s overall response to the protection of Haitian migrants.

The Del Rio crisis is a stark reminder that harmful rhetoric, when left unchallenged, can manifest in policy failures and human rights violations. The rhetoric around migrants, particularly Black migrants, often paints them as dangerous, undesirable, or burdensome. When public figures promote these harmful narratives, they create a climate where inhumane treatment, such as the aggressive force used by border patrol agents in Del Rio, becomes more acceptable. The hateful and dangerous tropes being amplified against Haitian migrants today risk perpetuating similar mistreatment, unless directly confronted. It is not enough that this administration merely condemns these narratives—real, actionable change is required to prevent future disastrous consequences.

As advocates for marginalized communities, we draw inspiration from Haiti's profound and far-reaching contributions to the world. Haiti's successful revolution in 1804 not only established the first Black republic, but it also sent shockwaves through history, reshaping the global fight for freedom and justice. Haitians profoundly influenced the United States and the world—France’s loss of Haiti forced Napoleon to sell the Louisiana Territory, doubling the size of the U.S. and shaping the nation’s expansion and future.

Haitians fought alongside American revolutionaries in the Battle of Savannah, contributing to the fight for U.S. independence. They played pivotal roles in the founding of cities like Chicago, and their impact extends well beyond U.S. borders. Haiti's revolution directly inspired and supported independence movements throughout Latin America and the Caribbean, serving as a beacon of liberation for oppressed peoples across the globe. Today, just as Haiti stood for freedom and justice, we must now stand with them by upholding international human rights standards, providing safety, and ensuring their dignity is protected. You have both the responsibility and the opportunity to lead by example and protect those who have given so much to the world.

We look forward to seeing drastic changes that reflect a commitment to protecting the dignity and rights of Black migrants, especially during this time when they are being vilified.

273. US Campaign for Palestinian Rights Action (USCPR Action)
274. USC Gould School of Law Immigration Clinic
275. UU Mass Action
276. Vermont Interfaith Action
277. VOCAL-NY
278. WashingtonDefender Association
279. Washington Office on Latin America (WOLA)
280. We Are All America (WAAA)
281. WESPAC Foundation, Inc.
282. Wilco Justice Alliance (Williamson County, TX)
283. Win Without War
284. Wind of the Spirit Immigrant Resource Center
285. Witness at the Border
286. Women Against Military Madness (WAMM)
287. Women Inspiring Women Always (WIWA)
288. Women Watch Afrika, Inc.
289. Women Working Together USA
290. Women's Alliance for Theology, Ethics, and Ritual (WATER)
291. Young Center for Immigrant Children's Rights