But the primary responsibility of the military junta in Haiti for this tragedy does not excuse the actions of our own Government. The United States should not be intercepting Haitians on the high seas and returning them. against their will. to the land they have been forced to flee. If the INS or local authorities in Florida feel they would be overwhelmed if all of the Haitian refugees were permitted to land in Florida. some Haitians seeking to have their asylum claims determined could be taken to safe havens such as the naval base at Guantanamo Bay. or Puerto Rico. or Caribbean nations willing to cooperate. Such options would certainly be preferable to returning refugees to the arms of the tyrants from whom they are seeking to flee. There is also a grave legal violation presented by our current policy. The interception of Haitian refugees on the high seas in international waters. miles from the territorial waters of the United States. goes well beyond the Presidents power to regulate entry into the United States. As the Court of Appeals for the 2d Circuit noted in its decision last year holding the forcedrepatriation policy illegal: Even though the executives actions have the practical effect of prohibiting some Haitians entry into the United States. they also have the effect of prohibiting the Haitians from gaining entry into the Bahamas. Jamaica . . .
Keywords matched
refugees asylum claims