Speech #1030048933

Justice Blackmun was the only Justice who dissented. and I think it is important to get on the record that fact that here is a Justice of the Supreme Court who really agreed with the Court that preceded him. the Federal court that had ruled before agreed with Justice Blackmun. The numerous lawyers who brought the case. of course. argued. and agreed with Justice Blackmun. I just wanted to quote a little bit from Justice Blackmuns dissent on this case where Haitian people are being kept into their country by United States forces. and I quote from Justice Blaekmuns dissent: When in 1968. the United States acceded to the United Nations protocol relating to the status of refugees. It pledged not to "return a refugee in any manner whatsoever" to a place where he would face political persecution. In 1980. Congress amended our immigration law to reflect the protocols directives. the Refugee Act of 1980. Todays majority nevertheless decides that the forced repatriation of the Haitian refugees Is perfectly legal. because the word "return" does not mean return. because the opposite of "within the United States" is not outside the United States. * * * I believe that the duty of nonreturn expressed in both the Protocol and the statute is clear. The majority finds it "extraordinary" that Congress would have Intended the ban on returning "any alien" to apply to aliens at sea. That Congress would have meant what It said is not remarkable. What is extraordinary in this case is that the Executive. In disregard of the law. would take to the seas to intercept fleeing refugees and force them back to their persecutors and that the Court would strain to sanction that conduct * * * The iefugees attempting to escape from Haiti do not claim a right of admission to this country. They (1o not even argue that the Government has no right to intercept their boats. They demand only that the United States. land of refugees and guardian of freedom. cease forcibly driving them back to detention. abuse and death. That is a modest plea. vindicated by the Treaty of the statute. We should not close our ears to it.