HAITIInsight: What does President Clinton's decision to grant Deferred Enforcement Departure (DED) mean for Haitian refugees?

McCalla: The Administration is essentially saying that these refugees will be shielded from deportation for a period of one-year and will be given the permission to work in this country during that time so that they can fend for themselves. The government will not provide them with other relief. So there are three things to know here. One, the DED order is limited to Haitian asylum seekers. Two, the commitment to shield people from deportation is only for a one-year period. The President has the authority to extend it for another year or for another period of time, which by previous practices has been no longer than 18 months.

Third, the President said he was going to seek a permanent solution to this situation. And that solution will hopefully be a green card for these people. This is not set in stone, since the President does not have complete control over this situation. It's really more of a Congressional decision.

Public support and pressure is really needed if Haitians are to be given the benefits that Cubans and Nicaraguans got last year. Especially in Congress. NCHR will be campaigning pretty hard for such an outcome this year. But more support has to come from the Haitian community and from people who believe that it is only fair that Haitians get a break.

HAITIInsight: Is it Congress that really has the power to provide these refugees with green cards?

McCalla: Yes, the President by himself cannot grant the green cards. It has to come from legislation that specifically targets Haitians.

HAITIInsight: It's estimated that Clinton's DED order will protect about 20,000 to 40,000 Haitians. What were the circumstances that led to their entry to the United States?

McCalla: Most of them entered from the refugee camps in Guantánamo Bay, Cuba during 1991 to 1994. Many were interdicted on the high seas by the U.S. Coast Guard and taken to Guantánamo Bay where INS asylum officers determined they had a credible fear of persecution and would be allowed onto U.S. soil to convince an asylum officer, or an immigration judge, that they had a well-founded fear of persecution. It was not a guarantee, however, they would get asylum.

About 10,500 of these refugees were brought in and resettled in the U.S. Just after the 1994 military intervention into Haiti, there were several hundred more Haitians who were paroled into the United States, including unaccompanied minors who left Haiti on boats without their parents or guardians.

It's important to note that Congress did not make a distinction between Nicaraguan asylum-seekers and other Nicaraguan immigrants when it made them eligible for permanent residency. Congress acted to give green cards to all Nicaraguan immigrants who were in the United States before December 31, 1995 as long as they met certain conditions like good moral character, not being arrested, and so on.

Haitians contend that they deserve no less than what the Nicaraguans received. This means any Haitian who was in the country before December 31, 1995 has the right to get a green card.

HAITIInsight: How many Nicaraguans benefited from the Congressional action last year?

McCalla: Initially they thought about 50,000 Nicaraguans would be eligible for green cards. But now the figure is said to be about 150,000.

HAITIInsight: When did Central Americans begin to lobby Congress to win these immigration benefits?

McCalla: When the immigration laws were reformed in 1996, it put Nicaraguans, Salvadorans and Guatemalans in jeopardy, especially since a number of the new immigration laws were retroactive and speeded up the asylum process and deportation procedures.

Furthermore, these immigrants over the years had been granted various forms of relief from deportation. Every Administration starting with President Reagan had given them various forms of temporary relief. In some cases, their protection from deportation may have been renewed for 10 or 15 years.

Suddenly in 1996, the immigration law was changed. And with the new law retroactive, the new guidelines threatened their livelihood. So they began to organize in 1996. And they organized in a big way. They mounted a consistent lobbying effort where activists lobbied Congress on a regular basis. The Governments of El Salvador, Guatemala and Nicaragua similarly pressured the Clinton Administration.

The Administration then developed a bill and looked to find sponsors and co-sponsors in the Congress. The Senate adopted a bill that restored the right of Central Americans to suspension of deportation status under pre-1996 laws should they be able to prove extreme hardship if deported, especially after having lived for several years in the U.S. and having built equity here. It was estimated that there were about 500,000 immigrants from these three countries in the United States.

In the House, the chair of the sub-committee on immigration, Congressman Lamar Smith from Texas and the Speaker came up with a plan to give Nicaraguans the chance to get green cards immediately, and provide Guatemalans and Salvadorans with the opportunity to get stays of deportation orders. To be frank, there are a lot of Nicaraguans in southern Florida and there is a lot of support for Republicans in that community.

When the debate got to this stage, the Haitians came into it. Last September, Haitians started to demonstrate to make the point they deserved as much consideration in south Florida as the Nicaraguans.

The Administration decided not to fight the House plan and give Republicans an opportunity to put down stronger roots with the Hispanic community. So they supported the House proposition.

To me the lesson of all this is less than a year after harsh immigration measures were put on the books, they were softened overwhelmingly by Congress. The numbers in support of the changes were similar to the votes in favor of the original legislation. It shows what a good lobbying campaign, a grassroots campaign, can quickly accomplish.

HAITIInsight: Why were Nicaraguans singled out for the better benefits?

McCalla: Many of the Nicaraguans supported the US-sponsored Contra war in the 1980s. The measure was sold to the Republican party and others as a kind of a reward for their struggle against the Sandinistas.

HAITIInsight: So when Haitians began to press Washington to get the same benefits as Nicaraguans, they concentrated on Administration support and less on Capitol Hill?

McCalla: They targeted both, given that the White House was actually in a position to say to the Republicans that "if you are going to play the game this way, we want the Haitians to have special treatment as well." But by the time advocates for Haitians began their campaign, the train had already left the station. We caught up with it, and we tried to hang for dear life. Unfortunately, we were unable to hang on and were pushed off. Our compensation was DED.

HAITIInsight: How did refugee advocates convince the Administration to support the DED order?

McCalla: Our case with the President was made by several Congress people. Representative Carrie Meek of Florida played a lead role in galvanizing support among Democrats. She has introduced a bill that would provide the same benefits to Haitians that Nicaraguans are receiving. She has about 65 co-sponsors. The Congressional Black Caucus, the Congressional Hispanic Caucus and Democratic leaders are all taking part. But you need about 213 votes to win a majority. So it's still going to be an uphill fight.

HAITIInsight: What is needed to make DED work?

McCalla: As we speak, there are no guidelines on what eligible Haitians need to do to get DED. The INS must publish them so we can inform and educate Haitians who are eligible for DED about the proper procedural steps they should follow to qualify. We have to make it clear that DED is not an amnesty. It's only temporary protection.

Resources are also crucial. If we're going to get the word out about DED and continue the fight in Washington, we need more assistance. We need more volunteers and activists. We also need financial support.

We're going to have to pick it up where we ended last December with the DED victory. That means letter writing, phone calls, office visits in Washington, rallies. We have to educate Congress people about what Haitians feel is their fair share. Refugee rights groups and civil rights groups want to help us, and we have to forge deeper ties with them if we're going to be successful.

Most importantly, every Haitian in the United States must tell themselves that our time has come to demand and get a fair share. We can be found in all walks of life in the U.S. From the pinnacle of Wall Street brokerage firms to the daily grind of chauffeuring customers in New York taxis. The key thing here is to act upon that knowledge for the common good of all Haitians in the U.S.

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