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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, May 25, 2023

The Haitians who built a community in Tijuana – but are still stranded

About six miles west from downtown Tijuana, on Mexico’s border with California, visitors can spot a billboard erected years ago that reads: “Little Haiti, City of God.” The area was once the home of thousands of Haitian migrants stranded in this north-western Mexican city as they tried to defy the tightening of US immigration policies. Though the population in Little Haiti has declined recently, its legacy remains among those left behind. Thousands of migrants, mostly from Haiti, gather at a makeshift encampment under the International Bridge between Del Rio, Texas and Acuña, Mexico. How thousands of Haitian migrants ended up at the Texas border Read more “It was the hands of 600 Haitians that built part of this school,” said Gustavo Banda, pastor of the Embajadores de Jesús, a church that expanded its capacity to house up to 2,000 Haitian migrants each day between 2016 and 2017. The school, Banda added, is the first of its kind dedicated to migrant children inside a Tijuana shelter. At its inauguration in April, there were hundreds of children from Mexico, El Salvador, Honduras and Guatemala. Neither the politicians nor the donors to this project acknowledged the Haitians who once lived and worked here. Haitian men are seen in Little Haiti in Tijuana in 2018. Haitian men are seen in Little Haiti in Tijuana in 2018. Photograph: Guillermo Arias/AFP/Getty Images For more than a decade, Haiti, the poorest country in the western hemisphere, has been plagued by devastating natural disasters, political instability and gang violence exacerbated by the assassination of President Jovenel Moïse in 2021. The 21st-century exodus from Haiti began in earnest after the 2010 earthquake that killed as many as 220,000 people and left more than 1 million people homeless, prompting many of those who survived to flee for Latin America and the US. Many went to Brazil, which welcomed Haitian workers in preparation for the 2014 World Cup. But when Brazil’s economy suffered its worst slump in decades, Haitians started traveling north for months until they reached Tijuana, Mexico’s doorway to the American dream. The US initially allowed Haitians to enter the country under the humanitarian parole provision, which gave them as long as three years to remain on American soil. But in September 2016, Barack Obama announced that those who showed up along the southern border would be deported back to crisis-stricken Haiti. Haitian and African people seeking asylum in the US sleep on a street near a migration office in Tijuana in 2016. Haitian and African people seeking asylum in the US sleep on a street near a migration office in Tijuana in 2016. Photograph: Guillermo Arias/AFP/Getty Images Obama’s decision previewed similar policies subsequent administrations would take to deter Haitian arrivals along the US-Mexico border. “One common thing we have seen is the application of deterrence policies at the border,” said Guerline Jozef, executive director of the Haitian Bridge Alliance, an organization that provides legal services to displaced black people near the US-Mexico border since 2015. “It has always been very difficult for Haitians to seek asylum because of US immigration policies, and as a result they started a vibrant community in Tijuana with barber shops and restaurants.” Back in downtown Tijuana, Wikiel Caslot, 35, welcomed a family to Labadee, a restaurant he named in honor of a port on Haiti’s northern coast. It’s been six years since Caslot left Brazil and journeyed to Tijuana. At the time, the Trump administration announced significant measures to dissuade people from seeking asylum, and Caslot gave up on his dream of reaching the US. He quickly adapted to the opportunities Tijuana offered. If you stay here waiting and waiting to go to the US, you will grow old Wikiel Caslot “I worked in construction sites and factories until I saved enough money to open this place,” said Caslot, who later brought his wife and children from Haiti to Tijuana. “If you stay here waiting and waiting to go to the US, you will grow old.” According to Enrique Lucero, the director of Tijuana’s Office of Migrant Affairs, when Caslot arrived in Tijuana in 2016, the city had a network of six shelters which rapidly ran out of space due to the increasing number of stranded Haitians stranded in Mexico because of US policies. Today there are between 4,000 and 6,000 Haitians living in Tijuana – the fourth largest migrant population in the city, after Mexicans, Central Americans and Venezuelans. Under Title 42, a measure implemented during the coronavirus pandemic by Donald Trump and continued under Joe Biden until 11 May, US immigration officials have expelled migrants over 2m times – and more than 22,000 of them were Haitians. An immigration policy is set to end. What will it mean for US’s commitment as a land of refuge? Read more When the Biden administration announced earlier this year that migrants hoping to apply for asylum needed to secure an appointment through a phone app known as CBP One, many Haitians left Tijuana’s shelters for hotels and room rentals in search of better internet service. “Now we have CBP One, which, if we think about it, is just a digitized version of the ‘metering program’,” said Jozef, referring to the tactic that required some migrants, primarily Haitians to get a “ticket” from Mexican officials and wait in line to seek asylum in the US. At the entrance of four-story hotel named Suite Jerez three men spoke Haitian Creole to each other. One of them, in despair, pointed at a woman and child who were lying on the ground under a blanket that didn’t fully cover them. One of the bystanders, Joel Noel, said the man had been able to secure a CBP One appointment but didn’t have the 260 Mexican pesos needed to spend another night with his family in the fully booked hotel. “Listen, our problem is that we don’t make enough money while we wait for appointments,” said Noel, who once studied industrial chemistry, and emigrated to Argentina after the 2010 earthquake. “I worked at a restaurant 12 hours a day and I made 400 pesos [about US$23] Monday to Friday.” Children draw with crayons as they live in a shelter in Tijuana with people seeking asylum in 2022. Children draw with crayons as they live in a shelter in Tijuana with people seeking asylum in 2022. Photograph: Patrick T Fallon/AFP/Getty Images After years making and selling his own hygiene products in Buenos Aires province, Noel bought some land with the intention of building a home for himself. But when a neighbor found out Noel had brought chickens so he could raise them in his backyard, the Argentinian man threatened to kill all of them. “There are places in Argentina where, if you are a person of color, you can’t live in peace,” Noel said, referring to the racism he suffered during those years in Argentina, a country that has long taken pride in its European heritage. Justiner Jocener,30, emigrated to Chile shortly after Hurricane Matthew killed more than 500 people in Haiti in 2016 – and experienced similar prejudice. “I studied agronomy in my country, but in Chile, I had to work in anything I could to feed my daughter,” said Joecener. “I felt like I started getting rejected for jobs because of who I was.” Eventually, he left Chile and migrated to Tijuana, where he was told by compatriots that he would have a higher chance of entering the US. But he still hasn’t been able to secure a CBP One appointment. US Customs and Border Protection recently announced it would increase the number of CBP One appointments distributed each day from 740 to 1,000 starting on 12 May. Since its implementation, over more than 83,000 individuals have scheduled an appointment, and Haitians are among the top nationalities, a DHS official told the Guardian. According to Lucero, the director of Tijuana’s office of migrant affairs, at least 2,700 Haitians have secured appointments in the region. For now, most of their compatriots in the city remain stranded, hoping that a new shift in US migration policy might eventually change their fate. “Why wouldn’t the US want us?” asked Noel. “We want to go and work. Just that.” You've read 25 articles in the last year Article count on I hope you appreciated this article. Before you move on, I was hoping you would consider taking the step of supporting the Guardian’s journalism. From Elon Musk to Rupert Murdoch, a small number of billionaire owners have a powerful hold on so much of the information that reaches the public about what’s happening in the world. The Guardian is different. We have no billionaire owner or shareholders to consider. Our journalism is produced to serve the public interest – not profit motives. And we avoid the trap that befalls much US media – the tendency, born of a desire to please all sides, to engage in false equivalence in the name of neutrality. While fairness guides everything we do, we know there is a right and a wrong position in the fight against racism and for reproductive justice. When we report on issues like the climate crisis, we’re not afraid to name who is responsible. And as a global news organization, we’re able to provide a fresh, outsider perspective on US politics – one so often missing from the insular American media bubble. Around the world, readers can access the Guardian’s paywall-free journalism because of our unique reader-supported model. That’s because of people like you. Our readers keep us independent, beholden to no outside influence and accessible to everyone – whether they can afford to pay for news, or not. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

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