DHS Dream Act Docs: Part 6 7/23/2011

8/3/2019 DHS Dream Act Docs: Part 6 7/23/2011

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'Their plight is a result of the scramble to cope quickly with the immigration consequences of the quake's destruSome Haitians who arrived without papers were handed tourist visas, only to find that status barred them fromfortunate received humanitarian parole, an open-ended status that permits employment. Those already in theallowed to apply for temporary protected status, which shields recipients from deportation for at least 18 montAlmost at random, it seems, immigra tion jail was the ad hoc solution for these 30 survivors and for others stillnation's sprawling detention network. Some of the 30 have already been transferred to more remote immigratiexplanation.On Wednesday, after inquiries by The New York Times, a spokesman for Immigration and Customs Enforcemdetainees were "being processed for release," and that 35 others who had arrived since the Jan. 12 earthquake,being held in detention centers around the country."In order to mitigate the probability that Haitians may attempt to make a potentially deadly journey to the U.Sthat those who traveled to the U.S. illegally after Jan. 12 may be arrested, detained and placed in removal procBrian P. Hale, said in a statement. He added that Nina Dozoretz, acting director of the agency's Division ofImmServices, had just approved counseling by the volunteer psychotherapist.Advocates for the detainees said they had been told for weeks that deportation officers in Flo rida were waitingWashington to set a policy for the group. Most were ordered deported in February, bu t are eligible for releasesupervision until deportations resume."Their prolonged and unnecessary detention is only exacerbating their trauma," the advocates wrote to the agreceiving no response to detailed, individual requests for release by two dozen of the detainees. "There is no redollars detaining traumatized earthquake survivors who cannot be deported and who have demonstrated thatrisk nor a danger to the community."The government's actions have been especially bewildering for the survivors' relatives, like Virgile Ulysse, 69,keeps an Obama poster on his kitchen wall in Norwalk, Conn. Mr. U1ysse said he could not explain to his nephReagan, 25, why they were brought to th e United States on a military plane only to be jailed at the Broward ceOrlando on Jan. 19."Every time I called immigration, they told me they will release them in two or three weeks, and now it's almoU1ysse, a retired carpenter and architectural designer who said he had always warned his relatives in Haiti noboats, bu t to wait for a green light from the United States.On March 11, Reagan was abruptly transferred, and for days his younger brother did not know where he was.taken to the Baker County jail, in Macclenny, Fla., six hours away. On Tuesday evening, a paralegal found himto be transferred again; gua rds, following government protocol, would not say where.

Obtained by Judicial Watch June 23, 2011 through FOIA


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One man who was in a taxi when the earthquake hit was later placed on a military plane to Miami by a doctor frtreated him for severe back and leg injuries. He left the plane in a wheelchair.Mike Kenson Delva, 21 , asked a Marine for a job and was assigned to help board a young boy whose leg had bethe boy's wheelchair-bound mother. Suddenly, the plane took off."That's my little nephew, my brother' s son," said his uncle, Reymond Joseph, 46, an American citizen and a suJersey Department of Motor Vehicles, who is ready to take care of him.Another jailed survivor is Lunva Charles, 25, who hopes to be reunited with her 3-year-old son and his father, Ppermanent residents living with his parents in Irvington, N.J."I want to marry her, she wants to marry me," Mr. Sanon, who works in a nursing home, said in French on Tuesad, she wants to see her child."The youngest detainee, Eventz Jean-Baptiste, 18, has no parents. "He is now responsible for his two younger bhomeless and living in a tent city in Port-au-Prince," Charu Newhouse al-Sahli, the statewide director of the adurging his release to his aunt and uncle in Coral Springs, Fla.

Mr. Jean-Baptiste describes putting his little brother and a cousin's baby on top of a collapsed concrete wall duprayed and cried. Afterward, "we had nothing to eat or drink," he said. "I thought if I stayed in Haiti any longemy family would not survive, so I decided to tr y to board a plane." No one asked him for papers until he reache



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From: m i h s o ~ a i I i J Sent: Wednesday, April 07,20109:34 PMTo: Morton, JohnSubject: Fw: NYT (03/31) Rushed From Haiti, Then Jailed for Lacking Visas

Se c: Subject: Re: NYT (03/31) Rushed From Haiti, Then Jailed for Lacking Visas

Senior Counselor202-73 w)202-590 c)

FrTo:Cc: Sen 0720:17:002010 Subject: RE: NYT (03/31) Rushed From Haiti, Then Jailed for Lacking Visas All,

s the 1-2 pager requested by theI received and incorporated edits from ICE and State on this. Esther asked that I re-circula

make sure no one has any further edits Or any reservations before we Pleanext 24 hours or so if you do.Thanks,

mailto:n:[email protected]:f;:'iasan:[email protected]


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Fro To:Cc:Sent: Thu Apr 01 22:02:41 2010Subject: Re: NYT (03/31) Rushed From Haiti, Then Jailed for Lacking Visas

heard you're lead on this.Are there talkers or qa on what we need to be saying to the hill? I know that beth s briefing the chs c

ng to say?Assistant Secretary for Legislative AffairsU.S. Department of Homeland Security2 0 2 - 4 4 7

Sent: Thu Apr 0121:46:542010Subject: Re: NYT (03/31) Rushed From Haiti, Then Jailed for lacking Visas

lson and elliot.Assistant Secretary for Legislative Affairs U.S. Dep nt of Homeland Security

2 0 2 - 4



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bson,s e n r : T I i u A P f O n I : 3 b : 0 9 2 U n r " ' ~ Subject: Fw: NYT (03/31) Rushed From Haiti, Then Jailed for Lacking Visas

.

I b ~ l ) ~ s .

i Principal Deputy General Counsel Department f Homeland Security 202-282 desk) 2 0 2 - 3 0 6 L e l l ) This communica 10 , ttachments, is covered by federal and state law 0 communications and may contain confiden la ' . , the reader of this mintended recipient, you are here Issemination, disrl, in of thisprohl . received this in error, please reply immediately to the sender and delete t IS

Thanks for talking with me. Based on j3if?HiClilb'so'n'r's earlier e-mail the Hill has been calling an. . . . . . ., ....". . . .. . ...-. 'i s ~ o r k i n g this issue. Can you please have OHS leg and Public Affairs work with NSS legj c o p i e d ),'"'' ' ' ' ' ' '. " , ,#Thanks,



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In Haiti, some were pulled from the rubble, the ir legal advocates say. Some lost parents, siblings or children. Msafety or medical care at the Port-au-Prince airport when terrifying aftershocks prompted has ty evacuations byno time for immigration processing. None have criminal histories.But when they landed in the United States without visas, they were taken into custody by immigration authoritdeportation, even though deportations to Haiti have been suspended indefinitely since the earthquake. Legal aon the survivors in February at the Broward County Transitional Center, a privately opera ted immigration jail have tried for weeks to persuade govel11ment officials to release them to citizen relatives who are eager to take affidavits show.Meanwhile, the detainees have received little or no mental health care for the trauma they suffered, lawyers atAdvocacy Center said, despite an offer of free treatment at the jail by a local Creole-speaking psychotherapist.Their plight is a result o f the scramble to cope quickly with the immigration consequences of the quake's destruSome Haitians who arrived without papers were handed tour ist visas, only to find that status barred them fromfortunate received humanitarian parole, an open-ended status that pe1111its employment. Those already in the allowed to apply for temporary protected status, which shields recipients from deportation for at least 18 montAlmost at random, it seems, immigration jail was the ad hoc solution for these 30 survivors and for others stillnation's sprawling detention network. Some of the 30 have already been transferred to more remote immigratexplanation.On Wednesday, after inquiries by The New York Times, a spokesman for Immigration and Customs Enforcemdetainees were "being processed for release," and that 35 others who had arrived since the Jan . 12 earthquake,being held in detention centers around the country.

"In order to mitigate the probability that Haitians may attempt to make a potentially deadly journey to the U.Sthat those who traveled to the U.S. illegally after Jan. 12 may be arrested, detained and placed in removal procBrian P. Hale, said in a statement. He added that Nina Dozoretz, acting director of the agency's Division of ImServices, had just approved counseling by the volunteer psychotherapist .Advocates for the detainees said they had been told for weeks that deportation officers in Florida were waitingWashington to set a policy for the group. Most were ordered deported in February, but are eligible for releasesupervision until deportations resume.'Their prolonged and unnecessary detention is only exacerbating their trauma," the advocates wrote to the agreceiving no response to detailed, individual requests for relea,se by two dozen of the detainees. "There is no redollars detaining traumatized earthquake survivors who cannot be deported and who have demonstrated thatrisk nor a danger to the community."



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'On March 11, Reagan was abruptly transferred, and for days his younger brother did not know where he was. Itaken to the Baker County jail, in Macclenny, Fla., six hours away. On Tuesday evening, a paralegal found him to be transferred again; guards, following government protocol, would not say where."His brother is far away - he's waiting, waiting," Mr. tnysse said of Jackson. "He started to cry on the phone. IJackson, who was trapped in the collapse of his family's apartment building in the quake, and pulled from undcousin, lost many relatives in the destruction. His fonnal request for release, dated March 12 , describes how evon the jail stairs makes him fear another earthquake and worry that because he is locked up, he will be unable The jailed survivors' requests for release, prepared with help from law students volunteering on spring break, circumstances that led them to board the airplanes.One man who was in a taxi when the earthquake hit was later placed on a military plane to Miami by a doctor ftreated him for severe back and leg injuries. He left the plane in a wheelchair.Mike Kenson Delva, 21 , asked a Marine for a job and was assigned to help board a young boy whose leg had bethe boy's wheelchair-bound mother. Suddenly, the plane took off.

"That's my little nephew, my brother's son," said his uncle, Reymond Joseph, 46, an American citizen and a suJersey Department of Motor Vehicles, who is ready to take care of him.Another jailed survivor is Lunva Charles, 25, who hopes to be reunited with her 3-year-old son and his father, permanent residents living with his parents in Irvington, N.J."1 want to marry her, she wants to marry me," Mr. Sanon, who works in a nursing home, said in French on Tuesad, she wants to see her child."The youngest detainee, Eventz Jean-Baptiste, 18, has no parents. "He is now responsible for his two younger homeless and living in a tent city in Port-au-Prince," Charu Newhouse ai-Sahli , the statewide director of the aurging his release to his aunt and uncle in Coral Springs, Fla.Mr. Jean-Baptiste describes putting his little brother and a cousin's baby on top of a collapsed concrete wall dprayed and cried. Afterward, "we had nothing to eat or drink," he said. "1 thought if 1 stayed in Haiti any longemy family would not survive, so 1 decided to try to board a plane." No one asked him for papers until he reach


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Documents

DHS Dream Act Docs: Part 6 7/23/2011