Civil rights group files complaint on behalf of nearly 50 Haitian families abused in U.S. custody
Nearly 50 people who fled threatening conditions in Haiti, only to be detained under a bridge by Customs and Border Protection (CBP) officials for as long as ten days, have launched a civil rights complaint with the Department of Homeland Security’s (DHS) Office for Civil Rights and Civil Liberties, saying that families were denied access to basics including water, food, and blankets. In detention, the complaint says individuals were then deprived of medical attention, leading to at least one miscarriage.
“The federal government confined Black families fleeing from Haiti in inhumane and life-threatening conditions for an unnecessarily and excessively long period of time,” said Lawyers for Civil Rights (LCR) Staff Attorney Arielle Sharma. “These families came to the U.S. to seek safety, but instead were met with further despair.”
“While confined in an outdoor ‘camp’—under a bridge near Del Rio, Texas—families were denied access to food, water, hygiene products, sanitation, and protection from the elements,” LRC said. The organization filed the complaint on behalf of Haitian-Americans United (HAU). “Families were deprived of blankets—or any protection from the ground—at the makeshift ‘camp.’” Mistreatment continued in detention—Black immigrants in detention have commonly faced abuses at the hands of officials—where families were given only apples or sliced bread to share, and were denied showers and forced to sleep on concrete floors.
“DHS’ failure to provide medical care led to at least one miscarriage,” the complaint said. “More specifically, Frantz’s wife, Marjory, was carrying her first child when she was detained by DHS.” But despite telling detention officials of her pregnancy and requesting medical attention, she was “blatantly ignored. Days later she suffered a miscarriage.” The complaint said that the couple had been separated by officials before the miscarriage. Frantz was unable to contact Marjory during her medical crisis.
“This gross neglect to provide a pregnant woman medical care has only led to further traumatization for this family,” the complaint continued. “They both continue to mourn as the mother attempts to physically recover with support from HAU in Boston. Marjory’s miscarriage at the hands of DHS officials rises to the level of deliberate indifference.”
While it appears that Marjory had been held in a CBP facility, the Biden administration in July announced policy generally limiting the Immigration and Customs Enforcement detention of pregnant people.
The document further states that “[o]f the 48 Black people who fled Haiti—whose experiences form the basis of this complaint—not a single person was ever given information in Haitian Creole.”
HAU in its statement calls for “an immediate investigation into the heinous actions perpetrated by federal officials at the border,” “policy changes to ensure that Black immigrants from Haiti are treated in a lawful manner,” and have access to interpreters, as well as mandatory anti-bias training for officers, ”immediate testing for COVID-19, and vaccine access for immigrants,” and “an end to prolonged detention, including a commitment to release immigrants from DHS custody within 72 hours.”
The complaint drew support from Massachusetts Rep. Ayanna Pressley, who also serves as House Haiti Caucus co-chair.
“The allegations outlined in this complaint are deeply disturbing and underscore the need for a full investigation into the cruel and inhumane treatment of Haitian migrants by DHS,” she said in a statement Monday. “Haitian lives are Black lives and if we truly believe that Black Lives Matter, then there must be accountability. We should be leading with compassion, not cruelty.” Rep. Pressley has recently urged the Biden administration to halt deportations to Haiti, saying that the nation’s “ability to safely receive its citizens will take months, if not years, to secure.”
A civil rights complaint filed by a coalition of Black advocacy groups last month similarly called for an investigation into abuses against Haitians at the border, and the return of people deported in violation of their rights.
“Visceral anti-Black and anti-Haitian sentiments explain the gross miscarriage of justice experienced by Black Haitian families at the border at the hands of federal officials,” Lawyers for Civil Rights Executive Director Iván Espinoza-Madrigal said. “As our country experiences a racial justice reckoning, we must recognize that Black immigrants matter too.” Reverend Dieufort Fleurissaint of Haitian-Americans United urged continued attention on abuses against Black migrants, saying “[w]e cannot turn a blind eye to the plight of Haitians at the border. People are fleeing Haiti seeking our protection. They do not deserve our punishment.”