Reading Room Document
Processing of Haitians during interdiction
The document discusses the processing of Haitians during interdiction and whether they are entitled to any kind of hearing after being returned to their country of origin. It concludes that the issue is governed by the Convention and Protocol Relating to the Status of Refugees, which states that refugees cannot be returned to a place where their life or freedom would be threatened. The document presents the question of whether any particular plan for determining an alien's status would meet the obligations under the Convention, and suggests consulting the Department of State and the INS for guidance. It also clarifies that the provisions of the Immigration and Nationality Act dealing with exclusion and deportation are inapplicable in this situation.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit