Attorney General James Voices Concern to President Biden Over Treatment of Haitian Refugees at the Texas Border

Coalition of Attorneys General Call for Fair, Compassionate
Treatment of Haitian Refugees Fleeing Crisis

NEW YORK – New York Attorney General Letitia James joined a coalition of 17 attorneys general in sending a letter to President Joe Biden and Department of Homeland Security Secretary Alejandro Mayorkas expressing concern over the treatment of thousands of Haitian refugees currently seeking humanitarian aid along the border in Texas. The coalition also urged the administration to reevaluate its rush to unfairly expel refugees to Haiti.

“I have seen the devastating and disturbing photos of border patrol officers on horseback using whips to corral Haitian refugees seeking asylum, and it’s clear that they have not been shown the humanity and concern they are owed,” said Attorney General James. “We are a nation built by immigrants, and we cannot be callous and cruel towards individuals fleeing natural disaster, political instability, extreme poverty, and violence in their home country.  I stand with my fellow attorneys general in urging the Biden Administration to end the mistreatment of Haitians at the border and demonstrate the morality and compassion that they deserve.”

In recent days, photographs and video emerged of U.S. immigration officials using inhume tactics, including charging at and attempting to whip Haitian refugees, in Del Rio, Texas. This comes as thousands of refugees continue to flee Haiti as the country faces unprecedented political upheaval following this summer’s presidential assassination and struggles to rebuild critical infrastructure after a destabilizing earthquake last month.

In their letter, the coalition is calling on the Biden Administration to ensure federal officials treat Haitian refugees with dignity and compassion. The attorneys general are also urging the administration to exercise its authority to give Haitian nationals seeking refuge in the United States the same due process other immigrants and refugees receive by assessing each Haitian refugee on a case-by-case basis, rather than continuing a disparate immigration policy that rushes the repatriation of Haitian refugees to a country that has suffered from political unrest after the assassination of their president and a humanitarian crisis on the heels of a devastating earthquake and tropical storm.

The coalition commends the federal government’s commitment to investigating the inhumane tactics of U.S. immigration officials in Texas and for its recent decision to increase the number of refugees who will be allowed into the United States. However, the coalition also expresses concern over the continuation of a summary deportation policy that is forcing many Haitian refugees seeking asylum or other humanitarian assistance in the United States to return to Haiti without any consideration of the legitimacy of their claims for asylum.

The coalition asserts that Haitian refugees deserve the same due process as all other individuals attempting to immigrate or flee to the United States, and the circumstances of every Haitian seeking refuge in the United States should be assessed on a case-by-case basis. The attorneys general argue that this individualized evaluation should factor in both the time a person has been away from Haiti and the circumstances he or she will likely face if forced to return amid Haiti’s current humanitarian and governance crises.

Additionally, the attorneys general note that the federal government has several tools at its disposal to address the dire conditions Haitian refugees are facing in Del Rio, including the president’s ability to exercise discretionary refugee admission authority during a humanitarian crisis. In the event of an unforeseen emergency refugee situation, the president has authority to designate a number of refugees to be admitted into the United States that is separate from the annual cap on immigrants allowed into the U.S. The attorneys general point out that the admission of Haitian refugees is justified by the grave humanitarian concerns currently facing the people of Haiti.

The coalition also suggests that the secretary of Homeland Security could extend the July 29 date by which Haitian nationals were required to be present in the United States to be eligible for Temporary Protected Status. The U.S. attorney general may also parole a refugee into the United States. The coalition argues that the administration should exercise its discretion, which the law expressly provides, to demonstrate compassion and fairness in the treatment of those Haitians seeking refuge in our country.

In sending the letter, Attorney General James joined the attorneys general of California, Connecticut, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, Oregon, Rhode Island, Vermont, Virginia, Washington, the District of Columbia, and the U.S. Virgin Islands.