INS ADMITS NEW POLICY TARGETS HAITIANS

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INS ADMITS NEW POLICY TARGETS HAITIANS

Last week attorneys representing some of the 240 Haitians detained by the INS since December filed suit against the INS seeking the release of the detainees. The suit challenges an INS policy change implemented after a boatload of almost 200 Haitians arrived in the US. Before the policy change, people seeking asylum, like these Haitians, were released from detention pending a decision on their applications unless individual circumstances called for detention. The new INS policy calls for automatic detention while the asylum application is processed. The suit claims that because the policy affects only Haitian nationals, it is unconstitutionally discriminatory.

INS officials initially denied the existence of any such policy, saying only that fewer Haitian asylum seekers were released than previously. Then, responding to the lawsuit, the INS admitted the existence of a new policy, one the agency claims is aimed at preventing an exodus from Haiti. The INS claimed that for a court to reverse the new policy would be a violation of the principle of separation of powers.

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