And what about Haitians in Immigration Detention?
Upon learning the news yesterday that the U.S. would not execute deportation orders to Haiti in the aftermath of Tuesday's devastating earthquake and the ensuing chaos, I wondered what might happen to those Haitians who are detained by the U.S. immigration authorities and already have been ordered removed. I wondered whether they would be entitled to "post-order custody review" and eligible for release from detention.
Under the law, the United States has 90 days to execute a final order of removal. This means that when immigration authorities are unable to deport a detained immigrant who has been ordered removed by a court, the immigrant is entitled to request release from custody after 90 days if s/he has not be returned to the native country. However, release is not mandatory, and requires that the detainee prove s/he is not a flight risk or danger to the community. This is called a "post-order custody review" and the decision to release or not release is made exclusively by Immigration and Customs Enforcement (ICE) officials.
The reasons why the U.S. Government may not be able to deport an immigrant who has been ordered removed may vary. Sometimes it is due to the immigrant's stateless status, or because of the lack of diplomatic relations between the U.S. and the home country. It may also occur on account of the native country's lack of cooperation in issuing the required travel document. Obviously, in the case of Haiti, it is because it is impossible to effectuate a deportation under the current tragic circumstances.
Clearly then, it would be unjustified for ICE to keep Haitians languishing in detention when they cannot be deported for reasons clearly beyond their control. While it remains to be seen exactly what will happen, the attached news article, citing a Department of Homeland Security spokesperson, states that detained Haitians will remain in ICE custody. This is troubling news.
On the other hand, Florida Representative Kendrick Meek is quoted in the article suggesting that the issuance of Temporary Protected Status (TPS) for Haitian citizens in the U.S. is imminent. This would be very welcome news. (For a discussion on TPS, and what it is, see article below, "Ede Ayiti"). Not only would TPS halt deporations to Haiti for both those who are detained and those who are not, but it would allow detained Haitians to seek immediate release from immigration custody if they indeed qualify for the benefit.
Under the law, the United States has 90 days to execute a final order of removal. This means that when immigration authorities are unable to deport a detained immigrant who has been ordered removed by a court, the immigrant is entitled to request release from custody after 90 days if s/he has not be returned to the native country. However, release is not mandatory, and requires that the detainee prove s/he is not a flight risk or danger to the community. This is called a "post-order custody review" and the decision to release or not release is made exclusively by Immigration and Customs Enforcement (ICE) officials.
The reasons why the U.S. Government may not be able to deport an immigrant who has been ordered removed may vary. Sometimes it is due to the immigrant's stateless status, or because of the lack of diplomatic relations between the U.S. and the home country. It may also occur on account of the native country's lack of cooperation in issuing the required travel document. Obviously, in the case of Haiti, it is because it is impossible to effectuate a deportation under the current tragic circumstances.
Clearly then, it would be unjustified for ICE to keep Haitians languishing in detention when they cannot be deported for reasons clearly beyond their control. While it remains to be seen exactly what will happen, the attached news article, citing a Department of Homeland Security spokesperson, states that detained Haitians will remain in ICE custody. This is troubling news.
On the other hand, Florida Representative Kendrick Meek is quoted in the article suggesting that the issuance of Temporary Protected Status (TPS) for Haitian citizens in the U.S. is imminent. This would be very welcome news. (For a discussion on TPS, and what it is, see article below, "Ede Ayiti"). Not only would TPS halt deporations to Haiti for both those who are detained and those who are not, but it would allow detained Haitians to seek immediate release from immigration custody if they indeed qualify for the benefit.
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