OUR OPINION: INVESTIGATE THE REV. DANTICA'S DEATH AND DHS TREATMENT

Editorials

Posted on Tue, Nov. 16, 2004


Joseph Dantica survived Haiti for more than eight decades, the last 25 years
as a Baptist minister of a church in one of the roughest gang-infested slums
of Port-au-Prince. But he didn't have a chance once he crossed paths with the
Department of Homeland Security here in Miami. Though he arrived with a valid
visa to enter the United States, DHS detained him at its Krome prison. He died
five days later, still in DHS custody.


The Rev. Dantica's mistakes: being Haitian and being honest with DHS.


His problems began back home, when Haitian and U.N. security forces raided
his neighborhood and used the upper floors of his church to ambush gang members
in an alley below. The next day, gang leaders accused the Rev. Dantica of
aiding the police, and he knew he was in danger. So he fled on a plane to Miami on
Friday, Oct. 29.


Petitioned for release


Here, he told DHS immigration officials the truth: He was seeking asylum. He
also had a valid U.S. visa. He could have said nothing, walked out of the
airport free to file for asylum at a local DHS office. But immigration officials
took it upon themselves to put an 81-year-old Haitian preacher in a Krome
prison cell.


His family hired a lawyer, John Pratt, who quickly petitioned for the Rev.
Dantica's humanitarian release. No, DHS said, the reverend has to pass an asylum
interview first. Meanwhile, his medications had been taken away from him at
Krome.


Four days after arrival, he and Mr. Pratt were beginning the asylum interview
when the Rev. Dantica suddenly threw up. Mr. Pratt describes the medic called
in as ''insensitive'' in suggesting that the reverend ''wasn't cooperating''
because his eyes were open.


Family can't visit


Eventually, the Rev. Dantica was taken to Jackson Memorial Hospital. Krome
officials relented and told Mr. Pratt that the reverend would get a humanitarian
release after getting out of JMH. Even so, DHS officials wouldn't allow his
family to visit him at the hospital. What was the risk? That a sick old man
would escape?


He never got out. The DHS statement: ``Mr. Dantica died of pancreatis while
in Homeland Security custody, which an autopsy by the Miami-Dade County medical
examiner's office revealed as a preexisting and fatal condition.''


That doesn't explain why he was detained or treated inhumanely. ''He comes to
this country to seek refuge and freedom at 81 and he dies in detention,''
said Mr. Pratt. ``I hope it never happens again.''


Unfortunately, we've seen DHS repeatedly take inhumane action, particularly
with Haitians. DHS singles out Haitian asylum seekers for mandatory detention
and denial of release. We've also seen numerous complaints about medical care
in DHS custody. The Justice Department should investigate this case and DHS's
treatment of Haitians in general. DHS must be held accountable.