First Step Toward New Policy on Haiti? : Court ruling on HIV-infected refugees could prod Clinton into a much-needed initiative

A federal judge has ordered the U.S. government to release the Haitians who have been detained at the Guantanamo Bay Naval Base in Cuba for nearly 20 months and admit them into the United States. Although a defeat for President Clinton, who has been carrying out a decision originally made by then-President George Bush, the ruling could force Clinton to take a much-needed foreign-policy initiative.

The Guantanamo Bay case illustrates the plight of all Haitians seeking refuge in the United States. All 158 people detained there were eligible for political asylum under existing law but were barred from entering the country because they are infected with the HIV virus, which causes AIDS.

Under current immigration law, a visa can be denied to people with the HIV virus. But under asylum laws it is impossible to exclude refugees with the virus once they set foot on American soil. That is why Bush had them dumped at Guantanamo Bay, a non-American territory.

During the presidential campaign, candidate Bill Clinton took a few pointed jabs at his opponent for his failed immigration policies regarding Haitians. When the time came to rectify the matter, the Clinton Administration went from hesitation to paralysis, leaving the Haitian refugees in limbo.

The first reaction of the Clinton Administration to U.S. District Judge Sterling Johnson Jr.’s ruling was that it would obey the order, though the judge’s decision was turned over to the Justice Department for review.

The ruling should be extended to all Haitian refugees, not only those with the HIV virus. Clinton should keep his campaign promise of a fair immigration policy for Haitians and give them the same treatment regarding asylum that this country grants to other refugees.

But even a fairer attitude toward Haitians will not solve the core problem.

Clinton has the opportunity now to make a major foreign-policy decision and actively promote the restoration of the democratically elected government of President Jean-Bertrand Aristide.

Clinton should encourage other nations to demand the neutralization of the Haitian armed forces, which illegally ousted Aristide almost two years ago. He should also more aggressively enforce the U.S. embargo against Haiti until Aristide returns. Then, given the fact that Haiti does not have the means to survive economically without foreign aid and investment, a meaningful effort should be made to ensure both.

As with many immigration problems, the solution to the Haitian crisis lies in the refugees’ homeland. This one can be resolved, if Clinton takes the initiative.