On March 15, 2002, a group of Haitian boat refugees filed a class action petition for a writ of habeas corpus and injunctive and declaratory relief in the U.S. District Court for the Southern District of Florida. Plaintiffs challenged the INS policy of detaining, without parole (with the exception of unique hardship cases), undocumented Haitian nationals who arrived by boat in south Florida. Plaintiffs alleged that the policy violated the Due Process and Equal Protection Clauses of the Fifth Amendment and section 555(e) of the Administrative Procedure Act (APA). The Government denied the allegations and maintained that the Haitian detention policy was necessary to discourage Haitians from attempting dangerous sea voyages to the United States and, to thereby, prevent loss of life caused by mass migration from Haiti.

Plaintiffs, represented by Florida Legal Services and private law firms, sought an emergency TRO and a preliminary injunction, as well as class certification. The Government opposed Plaintiffs' motions and itself sought partial dismissal and partial summary judgement.

The District Court (Judge Joan A. Lenard) granted the Government's motion and dismissed the case. The Court determined (a) that it only had habeas jurisdiction over the claims, (b) that refugees had no constitutional right to parole, and (c) that the INS Haitian parole policy was lawful and not in violation of the APA. Jeanty v. Bulger, 204 F.Supp.2d 1366 (S.D.Fla. 2002). The Court of Appeals affirmed the dismissal. Moise v. Bulger, 321 F.3d 1336 (11th Cir. 2003). Rehearing and rehearing en banc were subsequently denied, Jeanty v. Bulger, 67 Fed.Appx. 590 (11th Cir. 2003), as was certiorari, Moise v. Bulger, 540 U.S. 1016 (2003).

Stephen Imm - 08/28/2007


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