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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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Friday, June 24, 2022

The U.S. Coast Guard Is Rescuing Haitian Migrants at Sea in Record Numbers

Church officials set up photos of the 11 Haitian women who died last month when the overloaded boat they were in capsized, at a church in San Juan, Puerto Rico, Wednesday, June 15, 2022. The boat was carrying an estimated 60 to 75 migrants, of which eleven were found dead, at least a dozen still missing and 38 rescued. Dánica Coto—AP BY JASMINE AGUILERA JUNE 23, 2022 5:55 PM EDT Early last week, a group of 67 Haitians aboard a small, rickety boat waved down the United States Coast Guard about 16 miles southeast of Great Inagua, Bahamas. The boat’s sail was torn, U.S. Coast Guard officials noted, and grainy Coast Guard footage showed its decks were lined with men, women, and children in distress. The Coast Guard’s rescue was among the latest in a growing list of encounters involving Haitian migrants attempting the dangerous journey to the U.S. by sea. As gang violence, poverty, and political instability worsen in Haiti, migrant advocates say the number of people attempting to come to the U.S. in vessels that are not built for such voyages is likely to continue to increase. Political instability in Haiti makes it nearly impossible to track exactly how many Haitians have fled in recent months and the Coast Guard itself does not maintain a database of interdictions at sea, according to Coast Guard Petty Officer First Class Nicole Groll. But a TIME analysis of all Coast Guard press releases posted on social media shows that the Coast Guard has encountered about 6,000 Haitian migrants between October and June—a nearly 300% increase over the entire previous fiscal year. From October 2020 through September 2021, the Coast Guard encountered about 1,500 Haitian migrants, according to the Coast Guard’s records. In most cases, the Haitians interdicted by the U.S. Coast Guard are immediately returned to Haiti. The recent numbers mark a new trend. So far this year, the Coast Guard has interdicted nearly twice as many Haitians at sea than the previous five fiscal years combined. The number of Haitian migrants encountered at sea by the Coast Guard began to increase exponentially by mid-March, TIME’s analysis found. To meet this uptick, the U.S. Coast Guard has launched a partnership with the Haiti Coast Guard and other Caribbean nations. It has also increased the use of its ships and air patrols, each of which has a minimum number of personnel aboard, depending on the vessel. “We have so many people leaving their country and they’re doing it in unsafe, overladed, rusted vessels, and these vessels are not seaworthy,” says Groll, who works in the Coast Guard’s Miami public affairs office, and says the biggest concern is preventing migrant deaths. “Some of [the vessels] float,” she says. “But there’s no safety equipment on board, nobody is wearing a life jacket, no navigation lights, no way for anyone to call for help.” Haitians are transferred from Coast Guard Cutter Campbell's small boat to the cutter approximately 20 miles south of Turks and Caicos, May 9, 2022. The Haitians were repatriated to Haiti on May 11, 2022. Petty Officer 3rd Class Erik Villa-Rodriguez—U.S. Coast Guard An impoverished, beleaguered nation More Haitians have been leaving the country than returning for decades, according to the Migration Policy Institute, a nonpartisan research organization. But 2021 was a particularly damaging year for the nation. On July 7, 2021, Haiti President Jovenel Moïse was assassinated. A month later, the country experienced a 7.2-magnitude earthquake, killing more than 2,200 people and destroying essential infrastructure. A few days after that, a tropical storm hit. The tragedies of 2021 were compounded by a 2010 7.0-magnitude earthquake that the country has yet to recover from. That earthquake killed an estimated 220,000 and left 1.5 million without a home. Such devastation is now the backdrop for worsening political instability and a dramatic rise in gang activity and violent crime, according to research conducted by César Muñoz, senior Americas researcher at Human Rights Watch, an NGO that investigates human rights abuses. “There’s a very, very significant security crisis,” Muñoz tells TIME. “This increase in people who are leaving Haiti is absolutely foreseeable.” On Wednesday evening, the U.S. Coast Guard encountered another ship carrying 101 Haitians. These overlapping crises corresponded with the global spread of COVID-19. Because of pandemic-related economic downturns, and prevailing racism, an increasing number of Haitians, who had fled to other parts of Latin America, mostly Brazil and Chile, after the 2010 earthquake, began migrating north to the U.S.-Mexico border. There they encountered a public health measure, Title 42, which allowed U.S. border officials to expel most Haitians before they were allowed to seek asylum in the U.S. Since September, U.S. officials have used Title 42 to expel more than 25,800 Haitians back to Haiti, according to the United Nations’ International Organization for Migration (IOM). A recent IOM survey of those who have been repatriated back to Haiti between October and January found that more than 86% did not plan to remain in Haiti. For more information, please contact us at: http://www.beverlyhillsimmigrationlaw.com/index.html

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