Note: At the time of publishing, it is unclear how many evacuees are still detained.  Estimates range from 4 to 25 and there are possibly more in other parts of the U.S . The immediate release of all wrongfully detained is top priority.  Subsequent investigations, proper visa solutions for those previously detained, and accountability must follow.

The New York Times story exposing the jailing of evacuated Haitians should shock the conscience of every American. President Obama and Attorney General Holder, in addition to the Inspectors General of ICE, DHS, the State Department, and DOD should launch full investigations into how this situation was allowed to occur.  Any Immigration officials aware of the situation in Florida and Washington, who failed to act fast enough to free those traumatized earthquake survivors from captivity, should face severe sanctions and the highest level immigration official involved should be asked to resign his or her position.  Further, each Haitian evacuee wrongly imprisoned in the U.S. should receive financial compensation and an appropriate apology for this grossly negligent error.

After surviving the January earthquake that killed over 200,000 people, many were evacuated to the United States by military personnel trying to help.  Upon arrival, 65 (or more) individuals were detained for lack of a visa, while others, according to the New York Times, were given tourist visas or humanitarian parole.

Despite inquiries by the Florida Immigrant Advocacy Center, U.S. immigration officials have continued the detentions of evacuees for over two months.  The Associated Press reported that over 30 detainees were released on Thursday, April 1.  The estimated number of those that remain wrongfully detained currently ranges from four to twenty-five nationwide.

While the Temporary Protected Status order was issued for the benefit of Haitians already in the United States immediately following the earthquake, the Obama administration certainly did not intend for survivors, evacuated by the U.S. military, to be jailed — and in some cases, shackled, as recently reported by the New York Times.  This unnecessary and lengthy imprisonment casts a shadow over the U.S. relief effort and must be investigated and dealt with appropriately.

In summary:

1)  The U.S. government must locate the other similarly situated Haitians still detained across the United States and ensure their immediate release.

2)  Issue every one of the detainees and former detainees a tourist visa, dated from the time of their release, not the date they arrived and were imprisoned.  The government should withdraw the agreement to be deported that 30-some detainees were forced to sign as a condition of release, as reported by the Miami Herald.  According to the Herald, two of the Haitians held in Florida refused to sign the agreement and remain jailed.

3) President Obama and Attorney General Holder, in addition to the Inspectors General of ICE, DHS, the State Department, and DOD should launch full investigations into how this situation was allowed to occur.  Any Immigration officials aware of the situation in Florida and Washington, who failed to act fast enough to free those traumatized earthquake survivors from captivity, should face severe sanctions and the highest level immigration official involved should be asked to resign his or her position.

4) Congress should use its power to provide those detained with compensation.  Each detained Haitian should be able to fly home, when they are ready, on a commercial flight – not shackled to the seat of a military aircraft, as in many cases they arrived.

5)  The federal government should address this issue in its emergency and international relief procedures to ensure that, in future disasters, survivors lacking documentation are not treated as criminals.