In October 2021, 14,000 migrants clustered at the Texas border with Mexico in Del Rio resulted in mass deportations of Haitian migrants by the United States. Devastating reports came out about the American brutal border patrol response; images and videos showcasing border patrol agents on horseback hounding Haitian migrants and using whips to prevent them from crossing the border.

This horrific treatment of the migrants received international condemnation, with warnings from the United Nations about human rights violations. A joint statement was issued by the UN Refugee Agency, the International Organisation for Migration, the United Nations Children’s Fund, and the UN Human Rights Office highlighting the need to assess whether any of the migrants are entitled to refugee status and protection. America’s envoy to Haiti, Daniel Foote, resigned as a result, stating that it was inhumane for the US administration to send Haitian migrants back to their own country.

After the intense media criticism of the mass deportations subsided, repatriation flights for migrants increased, with little information about this being made public. The Biden Administration actually re-ordered these deportations, and failed to release any report that may have been completed after the investigation into the incident.

PANDEMIC, ASSASSINATION, AND EARTHQUAKE IN HAITI

The world was still battling with managing a global pandemic, when in July 2021 the Haitian President Jovenel Moïse was assassinated. This propelled the country into political turmoil, sparking investigation into who hired the Colombian assassins allegedly responsible for the death of the President and his wife. The political vacuum created by the assassination of President Moïse led to a vicious struggle for power, with both rival leaders and violent gangs vying for dominance.

The next month in August 2021, Haiti was forced to pick up the pieces from a deadly magnitude 7.2 earthquake that left thousands of citizens displaced. This combination of tragic events led to a constant outpouring of Haitian refugees who, already subject to various adversities, feared further persecution and violence as a result of the political power struggle.

After hearing about the initial American deportation program, most migrants steered away from the US border and the number of arrests dropped. When repatriation flight numbers reduced during the media attention from the agents on horseback incident, Haitians returned to the borders in droves. However, by the end of 2021, there was a 600% rise in arrests of Haitians seeking to cross the border.

HISTORY OF AMERICAN INTERVENTION IN HAITI

The US and Haiti were the first two Americas to gain independence. Yet rather than being considered an equal, Haiti became a pawn in America’s imperial interests. Posing as the protector against European colonisation, President Monroe issued the Monroe Doctrine in 1823. The purpose of this Doctrine was to justify American intervention in other states, particularly in the former colonies in Latin America.

The United States’ imperial interests continued into the 20th century. From 1915 to 1934, America occupied Haiti and attempted to force the government to make constitutional changes that would give the US control over Haitian leaders and finances. The result was Haiti dissolving the legislature, and internal turmoil and uprisings for decades until America officially withdrew from the country.

America continued to have a hand in Haitian politics. In the 1991 and 2004 coups d’etat in Haiti, the US actively supported the coup to remove Haiti’s first democratically-elected President. The US also supported Haitian military training, and kept Jovenel Moïse in power despite mass protests. This paternal dominance over Haiti has left an indelible mark on the country’s political system, manifesting in frequent power breakdowns and social unrest.

Despite America’s history of military and political intervention in Haiti under the guise of paternalism, the US government has repeatedly denied the entry of Haitians across the border. The government has rejected Haitian asylum applications at a higher rate than nearly any other nationality, and the Biden administration has failed to revoke racist immigration policies brought in under the Trump government.

CONTINUING DEPORTATIONS

Since March 2020, the US has been using Title 42 as a means to expel Haitian migrants. Title 42 is a policy under the Health Service Act of 1994, which makes it officially a public health emergency policy rather than an immigration policy. Title 42 permits the restriction of entry into America to prevent the spread of disease, namely Covid-19. This policy was introduced by Trump as a unique interpretation to existing law that allowed the government to rapidly expel migrants without considering whether they had a legal basis for seeking asylum.

Unfortunately, the use of Title 42 against migrants had a significant impact on Haitians specifically, as there were thousands of people seeking entry into America following the earthquake and assassination of their president. Many Haitian refugees risk persecution and return to a life of poverty if they are turned away at the US border.

When President Biden took over the administration, he vowed to have a more humane approach to immigration policies. However, the current administration is defending the continued use of Title 42, and the legality of the policy’s use to expel migrants is being challenged before the courts. Officials from the United Nations have already stated that the treatment of refugees under Title 42 is a potential violation of the right to non-refoulement, which has a close resemblance to measures used during Donald Trump’s tenure.

RESPONSIBILITY UNDER INTERNATIONAL LAW

Apart from moral duty, International Law dictates that the US holds additional legal responsibilities. Article 14 of the Universal Declaration of Human Rights acknowledges the right to seek and enjoy asylum from persecution. The 1951 UN Refugee convention and its 1967 Protocol also protects refugees from the risk of expulsion. Furthermore, the US Refugee Act of 1980 codified International treaty obligations into domestic American law. The Refugee Act ensured that people seeking refugee status had access to US admission procedures on the basis of special humanitarian concern.

THE FUTURE OF IMMIGRATION POLICIES

Biden has condemned the border patrol agents' use of force against asylum seekers at the border in Del Rio. However, the continued covert deportation and border arrests suggests that American immigration policy has not actually changed with the new administration. These policies come from a history of imperialism and dominance by America over its neighbours.

The Biden administration should reflect on the origins of the immigration policy it inherited from the Trump regime and consider what changes need to be made to ensure humanitarian and international legal obligations are being met moving forward.