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Refugee Advocates Decry Denial of Parole to 19-year-old Haitian Asylum Seeker; One of the Youngest a

New York, NY

Florida Immigrant Advocacy Center (FIAC)
Women’s Commission for Refugee Women and Children

Refugee advocates deplore the denial of parole to a 19-year-old Haitian asylum seeker who has been held in detention in Miami for nearly two years and is among the youngest and longest held of the Haitian detainees. The Florida Immigrant Advocacy Center (FIAC) and the Women’s Commission for Refugee Women and Children contend that the youth, David Joseph, is suitable for parole and that his prolonged detention is taking a significant toll on his mental health.

“David is an ideal candidate for parole, notwithstanding the grave danger that detention poses to his health,” says Wendy Young, director of external relations at the Women’s Commission. “David has family sponsors, is represented by well-known and respected counsel, and has no criminal record. These factors are all in keeping with those that are cited in the routine release of asylum seekers.”

Barely a week after his arrival on the Florida Coast on October 29, 2002, an immigration judge ordered David released on bond to his uncle, a U.S. citizen. The government immediately appealed that decision, blocking David’s release, and until February 2003, David was detained in a hotel in Miami under near isolation. On March 13, 2003, the Board of Immigration Appeals affirmed the immigration judge’s decision and ordered that David be released on bond. Attorney General John Ashcroft then certified the case to himself and ruled that David was not eligible for bond, claiming that Haitians who arrive by sea are a threat to national security.

FIAC’s Executive Director, Cheryl Little, says that, “while we support protecting our borders against terrorist threats, there is no legitimate evidence to suggest that Haitian nationals — let alone 19-year-old David Joseph — represents such a threat.”

David has a very strong asylum case based on political persecution, the groups say. His case is only strengthened as political turmoil continues to engulf Haiti and as disastrous flooding in the Caribbean nation increases the likelihood that Haitians will be granted Temporary Protected Status.

In early June 2004, a clinical psychologist evaluated David and found that he is suffering from severe depression and post-traumatic stress disorder. The Department of Homeland Security, however, claims that David is fine.

“Preventing the release of this 19-year-old, who was still a child when first detained, will only result in causing him more damage without advancing in any way the goal of protecting national security,” Little says.

Young adds, “David is being held hostage to a senseless Haitian policy. It’s time to show compassion and release David to the custody of his family, where he belongs.”