Amnesty Report Finds U.S. Tortured Haitian Migrants

Amnesty International final­ly found its voice against a large and pow­er­ful coun­try. Speaking these truths must have been dif­fi­cult for the British-based group that has been aggres­sive in point­ing to per­ceived human rights abus­es in coun­tries with Black and Brown pop­u­la­tions but has large­ly remained silent on worse abus­es in the United States and Europe.
Even when it does speak to the gross incon­sis­ten­cies in the US immi­gra­tion Agencies deal­ing with peo­ple from Haiti, the Agency seems to have more to say about the plight of the poor Haitians than it does about the pow­er­ful United States and its racist policies(mb)

By Nyamekye Daniel

The inhu­mane treat­ment and mass depor­ta­tions of Haitian migrants are anoth­er chap­ter in America’s his­to­ry of anti-Black racism, a new report by Amnesty International finds.

The report was pub­lished on the one-year anniver­sary of the pub­li­ca­tion of viral pho­tos and videos that show U.S. Customs and Border Patrol agents fling­ing reins at the Black migrants near the U.S.-Mexico bor­der in Del Rio, Texas. The CPD con­clud­ed in July that none of the Haitians were inten­tion­al­ly struck by Border Patrol agents, but it was exces­sive use of force.

The International Amnesty report released on Sept. 22 is based on inter­views with 24 Haitians deport­ed to the island nation between September 2021 and January 2022. It also includes tes­ti­mo­ny from psy­chol­o­gists, aca­d­e­m­ic experts, lawyers, and his­tor­i­cal evidence.“Our research pro­vides ample evi­dence that sys­temic racism is embed­ded with­in the US immi­gra­tion sys­tem, as described by Haitian asy­lum seek­ers inter­viewed for this report,” said Erika Guevara-Rosas, Americas direc­tor at Amnesty International.

Amnesty International is a human rights non-gov­ern­men­tal orga­ni­za­tion head­quar­tered in the U.K. The report shows that the U.S. immi­gra­tion poli­cies used to “inter­cept, detain and remove” Haitians since 1970 go against inter­na­tion­al law and are root­ed in anti-Black racism. It is fit­ting­ly titled “They Did Not Treat Us Like People: Race and Migration-Related Torture and Other Ill-Treatment of Haitians Seeking Safety in the USA.”

Since the bor­der inci­dent in September, the U.S. has expelled more than 25,000 Haitians under President Donald Trump’s Title 42 invo­ca­tion. As part of fed­er­al pub­lic health law, the pro­vi­sion requires the depor­ta­tion of asy­lum seek­ers from coun­tries with com­mu­ni­ca­ble dis­eases. Trump’s admin­is­tra­tion invoked Title 42 in March 2020 in response to the COVID-19 pan­dem­ic. President Joe Biden’s admin­is­tra­tion car­ried out more depor­ta­tions under the pro­vi­sion, however.

They have also con­tin­ued to evoke the evils of slav­ery by shack­ling and hand­cuff­ing Black Haitians onboard expul­sion flights, inflict­ing fur­ther pain and men­tal suf­fer­ing upon them that amounts to tor­ture under inter­na­tion­al human rights law,” Guevara-Rosas said.

Amnesty International said deport­ing Haitian migrants in hand­cuffs and shack­les caused them “severe psy­cho­log­i­cal pain and suf­fer­ing due to its asso­ci­a­tion with slav­ery and crim­i­nal­i­ty.” It was built on the treat­ment near Del Rio, where agents on horse­back accost­ed Haitian fam­i­lies, which many crit­i­cized as rem­i­nis­cent of slav­ery patrols. The orga­ni­za­tion adds that even though the Biden admin­is­tra­tion inves­ti­gat­ed the inci­dent, they did not speak to the migrants who were impact­ed, “sig­nif­i­cant­ly under­min­ing” the investigation’s credibility.

A United States Border Patrol agent on horse­back tries to stop a Haitian migrant from enter­ing an encamp­ment on the banks of the Rio Grande near the Acuna Del Rio International Bridge in Del Rio, Texas, on Sept. 19, 2021. (Photo: Paul Ratje /​AFP via Getty Images)

The report also shows that Haitians had a lack of access to suf­fi­cient food, health care, infor­ma­tion, inter­preters and lawyers dur­ing the process and in deten­tion cen­ters. Children as young as 14 days old were detained. Some were sep­a­rat­ed from their par­ents “in explic­it vio­la­tion of inter­na­tion­al law that pro­tects children’s best interests.”

A woman iden­ti­fied in the report as Marjory said she was forced to breast­feed her 4‑month-old baby in hand­cuffs and shackles.

They did not treat peo­ple from oth­er coun­tries in this way. People from oth­er places were allowed to talk to their fam­i­lies, they were brought to the hos­pi­tal when they were sick and treat­ed with humil­i­ty, but Haitians did not find this same treat­ment,” she said.

At least five preg­nant women were detained with­out con­sid­er­a­tion of their med­ical needs, the report says. Haitian migrant Yolande recalled faint­ing sev­er­al times while being detained.

While in prison, they did not let us bathe. During sev­en days in prison, I nev­er bathed nor had the chance to go the bath­room or brush my teeth,” she said. “We were trans­ferred to anoth­er prison in Texas, where I faint­ed again. I was weak, and I still could not eat.”

In addi­tion, none of the migrants inter­viewed for the report had the oppor­tu­ni­ty to go through fear-based screen­ings by asy­lum officers.

According to U.S immi­gra­tion poli­cies, a per­son going through expe­dit­ed removal pro­ceed­ings with “a cred­i­ble fear of per­se­cu­tion or tor­ture” can seek asy­lum before an asy­lum offi­cer or an immi­gra­tion judge.

Haiti has been rav­aged by many nat­ur­al dis­as­ters, includ­ing mas­sive earth­quakes in 2010 and 2021. In July 2021, the island’s pres­i­dent was assas­si­nat­ed. President Jovenel Moïse’s pres­i­den­cy was marked by polit­i­cal unrest that esca­lat­ed after his death. Reports show that since Moïse’s death, gang inva­sions have been preva­lent, lead­ing to mass killings, includ­ing “behead­ings, chop­ping, and burn­ing of bodies.”

The Office of the United Nations High Commissioner for Human Rights has report­ed 934 killings, 684 injuries, and 680 kid­nap­pings across the Haitian cap­i­tal. According to the office, since June 2021, an aver­age of 75 peo­ple, most­ly women, and girls, includ­ing chil­dren as young as two years old, have suf­fered sex­u­al vio­lence at the hands of gangs.

Amnesty International points out that sys­temic racism is deep-root­ed in America, while inter­na­tion­al human rights law requires nations to elim­i­nate all forms of racial dis­crim­i­na­tion. The orga­ni­za­tion is call­ing on the Biden admin­is­tra­tion to stop the Title 42 expul­sions, reverse all anti-Black poli­cies, and con­duct a full review of the dis­parate treat­ment of Black peo­ple seek­ing pro­tec­tion from the immi­gra­tion system.