September 23, 2021 | Reading Time: 4 minutes

Haitians should not be sent to Guantanamo

Nobody should.

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President Joe Biden in his recent address at the United Nations announced that the United States will “lead” the world on “human dignity and human rights.” If the scenes from the southern border are anything to go by, the reality as it stands is the polar opposite.

It’s not just that America’s racist past has yet to be accounted for. The past has a direct correlation to the present. In the same way that local police departments have roots in slave catching, in every aspect of state authority imaginable, racism festers. The United Nations recognizes this, and so do countless others around the world.


Joe Biden’s administration should have the guts to do the right thing, regardless of the political consequences. 


A true commitment to human rights would mean revolutionizing policy by rooting out systemic white supremacy, with checks and balances that ensure powerful institutions can never again become corrupted by such forces. But far from leaving the dark chapter of the Trump era in the past, a period in which America’s longstanding racism was mainstreamed, parading belligerently in the highest corridors of power, the US seems barely able to turn a new page.

Thousands of Black migrants, having gone through a living hell to reach the US, are being met with the kind of inhumane barbarism that the US is quick to call out elsewhere in the world. The argument of the law being enforced is in itself highly questionable, as is the motive of using such an argument. But in any case, it doesn’t mean a damn. The scenes at the border are just plain wrong, and it doesn’t take a legal expert to know it. Anyone with two eyes, and a heart, can see it. 

Black people born in the only nation to ever produce a successful slave revolt, being herded like cattle by white men on horses in the name of the law, is not an accident. It’s a policy decision made somewhere along the line by powerful people sitting in offices with houses in suburbs, who would swear blind they believe in democracy.  

But as the story of the Haitian migrants at the border continues, the narrative may yet worsen. Just yesterday, reports suggested that some of those Haitians detained at the southern border might be sent to a migrant “facility” at Guantanamo Bay, Cuba, to be “processed.”

The United States Department of Homeland Security has since denied the claims, despite the Biden administration advertising a new contract to operate the migrant center at the US naval base there, with an emphasis on the need for Spanish and Haitian Creole speakers.

Taking the DHS at its word, likely means that other Haitian migrants who are captured at sea will be taken to Guantanamo, as has previously been the case, and not the ones we’ve seen on TV. In other words, the Haitians at Del Rio might be spared imprisonment at Guantanamo, a place accused of carrying out torture, but their very own family members might be sent there instead. So much better.

A healthy dose of skepticism, however, will cast doubt on DHS claims. The published update of the advertised contract is from just a few days ago. And while the migrant facility at Guantanamo is advertised as having the capacity for 120 people, the posting also states that, “the service provider shall be responsible to maintain on site the necessary equipment to erect temporary housing facilities for populations that exceed 120 and up to 400 migrants in a surge event.”

A surge in Haitians is what we have seen at the southern border. It is what we will continue to see despite attempts from both governments to stem the flow of people. Could this be why the migrant facility at Gitmo needs managers capable of dealing with greater capacity?

In addition to this, there have been suggestions that of those already deported to Haiti, paperwork was forged with some being deported to Port-au-Prince despite not having left from there in the first place.

These suggestions, alongside the visible conduct of the border authorities both in the US and Mexico, do not inspire confidence that the Haitians at the border will not end up being sent to Guantanamo.  And if the border authorities look like slave-catching vigilantes, what kind of individuals will be in charge of the operational custody of the migrants at Guantanamo? It doesn’t bear thinking about.

The Biden administration can talk about law and order, and human rights, all it wants. The notion that Haitians can safely claim asylum, as repeated by Mayorkas, is obscene. The horrendous border policies are part and parcel of the hostile messaging by the administration, and deterrent, telling potential asylum seekers “do not come.” 

The timing of Joe Biden’s UN remarks could not be worse. It’s one thing to honestly outline a plan, as a new leader, acknowledging that the starting point to the finish line, with the goal of the US leading the world on human rights, might be a long road — to say the least.

But Biden’s statement, made while his administration continues to implement and accelerate the very same policies that would make Donald Trump proud, with the evidence literally being televised around the world, is a dangerous form of denialism that’s insulting to the victims of the racist border violence we have seen.

And it’s getting worse for Biden.  

In his bid to appease voters illogically clinging to unfounded lies about migrants and border fears, the border controversies have whipped up a political storm. A senior US diplomat and special envoy to Haiti, Daniel Foote, has now stepped down having handed his resignation to Anthony Blinken, saying that he would  “not be associated with the United States inhumane, counterproductive decision to deport thousands of Haitian refugees” while slamming the border policies as “deeply flawed.” His resignation letter also argued that Haiti as a “collapsed state is unable to provide security or basic services and more refugees will fuel further desperation and crime.”

Foote’s honesty means he has no place in an administration that’s digging in over its globally criticized border policies, and even fighting a federal court judgement ordering an end to families being deported and prevented from setting foot on US soil under Title 42.

Politically, there might be no easy options for the president. But the promises of his campaign, and the human rights and dignity he speaks of, are really universal values. His administration should have the guts to do the right thing, regardless of the political consequences. 

Better to try and fail than to fail to try.


Richard Sudan covers human rights and American foreign affairs for the Editorial Board. Based in London, his reporting has appeared in The Guardian, Independent and others. Find him @richardsudan.

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