April 2003 · Diasporamonth known
Ashcroft rules that a Haitian asylum seeker stays locked up
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In April 2003 the attorney general of the United States, John Ashcroft, ruled that an illegal immigrant who posed no threat to national security could still be detained indefinitely rather than released on bond, so long as he fell into what was termed a security threat category. The case was that of David Joseph, one of hundreds of Haitians who had applied for asylum. An appellate panel of immigration judges had granted him release on bail while his claim was decided. Ashcroft overruled the panel, acting under the sign of the Department of Homeland Security, and held that Joseph's individual qualities and circumstances no longer mattered. The reason he gave was the threat of unlawful and dangerous mass migrations by sea. The ruling followed a decision taken after 11 September 2002 to place every non Cuban asylum seeker arriving by sea in mandatory detention with expedited removal proceedings.