Haitian immigrant successfully returns to U.S. two months after wrongful deportation

MIAMI — Ermite Obtenu was delighted to return to the United States on Sept. 30, two months after being unjustly deported to Haiti. The young Haitian woman’s case is one of many that immigration advocates argue highlights the systemic disparities facing Haitian nationals in the U.S. immigration system.

Obtenu, who first arrived in the U.S. on Nov. 25, 2023, with humanitarian parole under the Biden administration’s I-134A program, was detained by Immigration and Customs Enforcement (ICE) officers at Fort Lauderdale-Hollywood International Airport. Despite having legal travel authorization through the CBP One application process, her previous deportation records were used against her, leading to her forced removal to Haiti on July 25, 2024.

The deportation devastated Obtenu and her siblings, who live in the U.S. 

“Knowing how terrible the security and humanitarian crises are in Haiti, particularly in Port-au-Prince, it was devastating for us to see her sent back there,” said Roselène Obtenu, Ermite’s older sister, who lives in Connecticut.

The struggle for justice

Obtenu’s case was taken up pro bono by Lana Joseph, a Haitian American senior immigration attorney at L. Marcius Joseph & Associates, based in Atlanta. Joseph fought tirelessly to secure her client’s return to the U.S. after what she describes as a miscarriage of justice.

“Ermite was wrongfully deported despite being eligible for Temporary Protected Status (TPS), which the Biden administration had extended in June,” said Joseph. “Through our legal channels in Washington, we were able to secure her right to return and resume her legal immigration process.”

“We’ve observed a troubling disparity in how immigration procedures are applied to our Haitian brothers and sisters compared to nationals of other countries. This case is one of many that reflect the deep inequities in the immigration system.” 

Lana Joseph, Immigration Lawyer at L. Marcius Joseph & Associates

Joseph, who prides herself on being Avoka Pèp La—Creole for “the people’s lawyer”—emphasized that Obtenu’s wrongful deportation was not an isolated incident.

 “We’ve observed a troubling disparity in how immigration procedures are applied to our Haitian brothers and sisters compared to nationals of other countries,” she said. “This case is one of many that reflect the deep inequities in the immigration system.”

Upon receiving the green light for Obtenu’s return, Joseph, along with her team, traveled from Atlanta to Miami International Airport (MIA) to ensure the process went smoothly.

“We flew to Miami to make sure everything went well, unlike the last time,” said Lounna Marcius, a legal assistant at the firm.

When the news broke on social media, some people lauded Joseph’s law firm for its work. Others expressed skepticism and disbelief, saying people do not usually get a second chance after being deported by the U.S. government. 

A long journey home

Obtenu’s ordeal began in 2015 when she first fled Haiti’s escalating gang violence and political instability, seeking refuge in the Bahamas. After years of struggling to gain legal status there, she attempted to reach the U.S. by boat in 2017 but was intercepted by U.S. authorities and deported back to Haiti.

Undeterred, she made another attempt to enter the U.S. in 2021, only to be caught again by the U.S. Coast Guard and returned to the Bahamas. Her temporary work permit expired in the Bahamas, and she feared deportation to Haiti, where gang violence in her Carrefour Fleuriot neighborhood was worsening.

In early 2023, Obtenu’s brother-in-law, a U.S. citizen, sponsored her under the Biden administration’s humanitarian parole program for nationals of Haiti, Cuba, Nicaragua and Venezuela (HCNV). 

With her travel authorization approved, she flew from Port-au-Prince to Fort Lauderdale on November 25, 2023, expecting to reunite with her brother and two sisters. But instead of being welcomed, she was detained and later deported after months in custody at a detention center in Pompano Beach, Florida.

“When she was detained, we were crushed,” said her sister Roselène. “We knew how difficult life is back in Haiti, and we were afraid for her.”

A triumphant return

Despite the initial setback, Joseph remained determined to bring Obtenu back. The lawyer’s relentless efforts paid off when U.S. authorities finally reversed their decision, allowing Obtenu to return on September 30, 2024.

“I still can’t believe I’m here,” Obtenu said. “When I was deported, I lost hope. But madame Lana [Joseph] gave me strength. She told me not to unpack my bags because she would do whatever it took to bring me back legally.”

Now back in the U.S., Obtenu and her legal team celebrated her return at Miami International Airport. 

“This is her fourth attempt to stay, and this time, it’s for good,” said Lucnise Régis, a case manager at the law firm. “The fourth time is the charm.”

The return of Obtenu, however, is a bittersweet victory. Joseph warns that many others are still trapped in similar situations.

 “There are many like Ermite who have been deported despite having legal grounds to stay in the U.S.,” she said. Joseph claims that 59 other Haitian nationals were on the ICE flight that deported Obtenu in July, many of whom had legitimate claims to stay in the U.S.

Contacted by The Haitian Times, DHS declined a request for comment on the case. 

A call for justice

For Joseph, Obtenu’s case is a stark reminder of the injustices within the U.S. immigration system. “We will continue to fight for the rights of Haitian nationals and ensure they are treated fairly under U.S. laws,” she said.

 “No one should face deportation when they have a lawful right to stay in the country.”

Obtenu’s return to the U.S. is a testament to her perseverance and the unwavering support of her legal team.

The post Haitian immigrant successfully returns to U.S. two months after wrongful deportation appeared first on The Haitian Times.

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Haitian immigrant successfully returns to U.S. two months after wrongful deportation was first posted on October 10, 2024 at 1:45 pm.