Exclusion and discrimination against Haitian refugees has been a constant factor across both Democratic and Republican administrations. Much of this discrimination in policy stems from a distinction in international law and there is very strong evidence that anti-Blackness plays a critical role in marking Haitian immigrants as persona non grata.

Refugees, who claim that they are fleeing political oppression, have significant legal rights. Economic migrants, who are seeking a better life for themselves and their children, do not. In practice, it is hard to be sure who is fleeing political oppression and who is not. This gives governments significant leeway to discriminate against people they don’t want to admit.

The U.S. government has consistently categorized Haitians as “economic refugees,” claiming they left their home country for better job prospects, not to escape political persecution. These discrepancies have allowed U.S. governments, from the Carter administration onward, to come up with legal and practical means to disregard Haitian asylum claims.