Congresswoman Yvette D. Clarke (NY-09), along with Haiti Caucus Co-Chairs Ayanna Pressley (MA-07) and Sheila Cherfilus-McCormick (FL-20), 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 detention centers, end detention of Haitian migrants intercepted at sea, and provide additional humanitarian assistance for Haiti.
The content of the letter written states:
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The Honorable Joseph R. Biden, President of the United States
The White House – 1600 Pennsylvania Avenue, NW, Washington, DC 20500
The Honorable Alejandro Mayorkas, Secretary of Homeland Security
U.S. Department of Homeland Security – 3801 Nebraska Avenue, NW, Washington, DC 20528
The Honorable Antony Blinken, Secretary of State
U.S. State Department- 2201 C Street NW, Washington, DC 20037
The Honorable Samantha Power, Administrator of the USAID
U.S. Agency for International Development – 1300 Pennsylvania Avenue, NW Washington, DC 20523
Dear President Biden, Secretary Mayorkas, Secretary Blinken, and Administrator Power:
We write to express our deep alarm and concern regarding the deteriorating situation in Haiti. As you may know, Haiti is currently experiencing a dire situation, with rampant violence and food insecurity, primarily driven by gang conflicts due to a myriad of issues. We urge the
Administration to redesignate Haiti for Temporary Protected Status (TPS), halt deportations back to Haiti, and extend humanitarian parole to any Haitians currently detained in Immigration and Customs Enforcement’s (ICE) detention centers. Additionally, we request your administration’s end to the detention of Haitian migrants who were interdicted at sea. 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.
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. Critics have accused Prime Minister Henry of unconstitutionally clinging to power considering his failure to organize general elections as promised following the assassination of President Jovenel Moïse in July 2021.
The resulting turmoil and demonstrations have led to widespread breakouts at the two most notorious prisons in the country and attempts by gangs to take control of Haiti’s main airport, impacting flights and leading to a state of emergency and a curfew. These instances of violence and civil unrest are not confined just to the capital in Port-au-Prince but have spread across the country, leading to closures of banks, schools, and hospitals. The United Nations reports that approximately 5.5 million Haitians need assistance, including 3 million children While the national port remains operational, accessing it via the gang-controlled surrounding areas is extremely difficult, leading 1.4 million Haitians to be “one step away from famine.”
The extension and redesignation of TPS for Haiti will protect Haitian migrants against removal to a country ill-equipped to handle their return. The current TPS designation is effective until August 3, 2024. All the conditions leading to the Biden administration’s original TPS redesignations on December 5, 2022, and August 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.
In addition, due to the burden faced by Haitian students in the U.S., we call on the 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 August 3, 2024. Further, we strongly urge the administration to stop the unconditional deportation of migrants to Haiti. We are alarmed that 65 Haitian migrants interdicted at sea were recently repatriated.4
The State Department has issued a Level 4 Travel Advisory for the country, citing high rates of kidnapping, crime, and civil unrest. 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
The U.S. halted all deportations to Haiti on January 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.
We also urge for the release of Haitians currently detained. 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. Despite only making up 6% of the people in ICE detention, they comprise 28% of abuse-related reports and 24% 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.
As Haitian immigrants proceed with their asylum claims, they should be allowed to be with their families in the U.S. and be provided with a pathway to temporary residency and we urge the administration to expand and expedite other humanitarian pathways.
Additionally, we are concerned to see recent reports that your administration is considering detaining Haitians interdicted at sea transferred, and processed at the Guantánamo Bay naval base and other offshore migrant detention centers. Given the deteriorating conditions in the country and a history of U.S.-Haiti relations marred by systemic racism and mistreatment of the Haitian people, we urge you to abandon the plan. 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.
Lastly, we are glad to see the U.S. providing an additional $25 million in humanitarian assistance for Haiti, which builds on the $33 million Secretary Blinken announced on March 11, 2024. 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.
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.
Sincerely,
Yvette D. Clarke, Member of Congress
Ayanna Pressley, Member of Congress
Sheila Cherfilus-McCormick, Member of Congress
Eleanor Holmes Norton, Member of Congress
Debbie Wasserman Schultz, Member of Congress
Nikema Williams, Member of Congress
Ilhan Omar, Member of Congress
Grace Meng, Member of Congress
James P. McGovern, Member of Congress
Joyce Beatty, Member of Congress
Jamaal Bowman, Ed.D., Member of Congress
Sydney Kamlager-Dove, Member of Congress
Nydia M. Velázquez, Member of Congress
Joaquin Castro, Member of Congress
Ritchie Torres, Member of Congress
Jan Schakowsky, Member of Congress
Marc A. Veasey, Member of Congress
Darren Soto, Member of Congress
Pramila Jayapal, Member of Congress
Jesús G. “Chuy” García, Member of Congress
Terri A. Sewell, Member of Congress
Bonnie Watson Coleman, Member of Congress
Danny K. Davis, Member of Congress
Summer Lee, Member of Congress
Cori Bush, Member of Congress
Frederica S. Wilson, Member of Congress
Maxwell Alejandro Frost, Member of Congress
Raúl M. Grijalva, Member of Congress
Kathy Castor, Member of Congress
Bennie G. Thompson, Member of Congress
Henry C. “Hank” Johnson, Jr., Member of Congress
Jennifer L. McClellan, Member of Congress
Gabe Amo, Member of Congress
Greg Casar, Member of Congress
Emanuel Cleaver, II, Member of Congress
Mark Pocan, Member of Congress
Adriano Espaillat, Member of Congress
Donald M. Payne, Jr., Member of Congress
Marilyn Strickland, Member of Congress
Jonathan L. Jackson, Member of Congress
Barbara Lee, Member of Congress
Mike Quigley, Member of Congress
Rashida Tlaib, Member of Congress
Tony Cárdenas, Member of Congress
Troy A. Carter, Sr., Member of Congress
Robin L. Kelly, Member of Congress
Kweisi Mfume, Member of Congress
Sheila Jackson Lee, Member of Congress
Delia C. Ramirez, Member of Congress
Steven Horsford, Member of Congress
Veronica Escobar, Member of Congress
Ro Khanna, Member of Congress
Dwight Evans, Member of Congress