The Tragic Plight of HIV-Infected Haitian Refugees at Guantanamo Bay |
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Authors: | Nicola White |
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Institution: | (1) The Law Reform Commission, Dublin 4, Ireland |
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Abstract: | Last June marked the 14th anniversary of the closing of the world’s first, and only, HIV camp at Guantanamo Bay. This article
revisits the infamous legacy of the Guantanamo Bay camp and the plight of the HIV-infected Haitian political refugees during
the early 1990’s. Part I summarises the development of the United States’ immigration policy and the government’s history
for excluding immigrants for health related reasons. Part II details the factual and historical background leading to the
mass exodus of the Haitians and the sequence of tragic events which resulted in their confinement at Guantanamo Bay. Part
III focuses on the seminal case of Haitian Centers Council, Inc. v. Sale (II) (Haitian Centers Council, Inc. v. Sale, 823 F. Supp. 1028, 1049 (E.D.N.Y. 1993)) which was responsible for bringing about
the closure of the HIV camp and granting parole to all HIV-infected refugees to enter the United States. The anticipated revolutionary
reform of the HIV-exclusion policy emanating from this legal triumph never materialized. The United States government successfully
sought to have the case vacated from the Court’s books. Consequently, the landmark precedent does not technically exist today.
What does remain is the notorious HIV-exclusion policy which was distorted by the United States government to justify their
detainment. Although the epic legal and emotional struggles of the Haitians are forgotten by many, the legacy of Guantanamo
Bay continues to haunt the lives of those who were prisoners of the HIV camp. |
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Keywords: | Guantanamo Bay Haitian Centers Council Inc v Sale HIV-infected refugees United States HIV-exclusion policy |
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