Immigration Rights - Haitian Asylum Seekers (CERD Shadow Report,2008)

The United States has a long history of targeting Haitian migrants in its immigration policy and practice, in a wide range of issues including detention and removal procedures, legislation concerning status adjustment and naturalization for various groups of immigrants, and the disparate application of temporary protections for refugees. The racial discrimination against Haitian refugees occurs through implementation of policies specifically targeting Haitians, neutral policies that leave too much discretion to immigration officials and allow the possibility of racially-based decisions, and preferential treatment for other nationality groups. The United States has failed to fulfill its obligations under CERD to identify racially discriminatory practices and amend or nullify laws which have a racially discriminatory impact. Rather, it has increased its targeting of Haitians with stricter immigration policies in recent years, often under the asserted justification of homeland security concerns.