92-CV-1258 (SJ), 1993 U.S. Dist. LEXIS 8215 (E.D.N.Y. June 8, 1993).
2.
Id. at *7.
3.
SkolnickAndrew A., Doctors Help HIV-Positive Haitian Refugees Gain Freedom from U.S. Government Detention Camp, 270JAMA563, 563 (1993).
4.
Sale v. Haitian Centers Council, 61 U.S.L.W. 4684, 4686 (U.S. June 22, 1993).
5.
Id.
6.
Id. (quoting App. to Pet. for Cert. 144a).
7.
Id.
8.
Id.
9.
57 Fed. Reg. 21133 (1992).
10.
Sale, 61 U.S.L.W. at 4685.
11.
Id.
12.
61 U.S.L.W. 4684 (U.S. June 22, 1993).
13.
Haitian Centers Council, 1993 U.S. Dist. LEXIS 8215 at *7.
14.
Id. at *12.
15.
Id.
16.
Id. at *13.
17.
Id. The medical literature is replete with studies documenting the high prevalence of the AIDS virus in Haitians. “Results of cross-sectional serological surveys of Haitian population groups unrelated to AIDS patients provide an index of the level of HIV infection in the community. The overall HIV seroprevalence rate in healthy urban Haitians was 8%.” PapeJean W., Prevalence of HIV Infection and High-Risk Activities in Haiti, 3 J. Acquired Immune Deficiency Syndrome 999 (1990).
18.
Haitian Centers Council, 1993 U.S. Dist. LEXIS 8215 at * 14–15. Rees's memorandum explained the details of this new policy. “Any person ‘screened-in’ as a possible refugee who has been determined to have a communicable disease that is not curable should be given an interview to determine whether he or she is a refugee [within the statutory definition]. In the case of a Haitian national in Guantanamo, this definition requires a finding that the person is unable or unwilling to return to Haiti because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This finding is identical to that required to grant asylum or refugee status. The interview should therefore be identical in form and substance, or as nearly so as possible, to those conducted by asylum officers to determine whether asylum should be granted to an applicant already in the United States.” Id. (quoting Memorandum of Grover Joseph Rees, February 29, 1992).
19.
Id. at *16. Although attorneys are regularly present at asylum interviews in the United States, the INS refused to permit counsel for the screened-in plaintiffs' second interviews. At trial, an INS official explained that they refused the Haitians counsel because the lawyers would only emphasize the positive elements of the applicants' cases and downplay the negative elements. Id. The court found that “lawyers serve a necessary and useful purpose in representing an asylum seeker in connection with a well-founded fear of return interview…. The Government's decision to deny Plaintiff Haitian Service Organizations access to Camp Bulkeley is based solely on the content of what they had to say and the viewpoint they would express.” Id.
20.
Id. at *17.
21.
Id. at *19–20.
22.
Id. at *20.
23.
Id. at *26–27. “During November 1991—April 1992, approximately 18,000 migrants received medical care from the JTF.”HeripD.S. & SlatenD.D., Health Status of Haitian Migrants—U.S. Naval Base, Guantanamo Bay, Cuba, November 1991—April 1992, 42 Morbidity & Mortality Wkly. Rep. 138 (1993).
24.
Haitian Centers Council, 1993 U.S. Dist. LEXIS 8215 at *23. At trial, the government admitted that the medical facilities were not sufficient to treat the patients at a level acceptable in the United States. However, the government expressed no plans to send these ailing individuals to the United States for care. Id. at *24.
25.
Id. at *32. One of the ways government “abridges” expression is by singling out conduct for prohibition “because of the specific message or viewpoint such actions express.” Laurence H. Tribe, American Constitutional Law 789 (1988).
26.
Haitian Centers Council, 1993 U.S. Dist. LEXIS 8215 at *39.
27.
Id. at *42.
28.
Id. at *44–45.
29.
Id. at *50–51.
30.
Skolnick, supra note 3, at 563.
31.
986 F.2d 1036 (6th Cir. 1993).
32.
Id. at 1037.
33.
42 U.S.C.A. §11101 (1986).
34.
Manion, 986 F.2d at 1038.
35.
Id. at 1037.
36.
Id.
37.
Id.
38.
Id. at 1037–38 (citing 42 U.S.C.A. § 11112(a) (1986)).
39.
Id. at 1038.
40.
Id. at 1039.
41.
Id. at 1040.
42.
Id.
43.
Id.
44.
731 F. Supp. 934 (D. Cal. 1990).
45.
42 U.S.C.A. §11113 (1986).
46.
Johnson v. Nyack Hosp., 964 F.2d 116, 123 (2d. Cir. 1992).
47.
United States v. Becker, No. 92–2679, 1993 U.S. App. LEXIS 13778 (7th Cir. June 14, 1993).
48.
42 U.S.C.A. § 254d (1991); see also id. § 254e(a)(1) (defining “health professional shortage area”).
49.
Id. § 2541; see also id. § 2541–1 (establishing National Health Service Corps Loan Repayment Program).
50.
Id. § 2541(f).
51.
Id. § 254m(b)(1)(A).
52.
Id. § 254n(a).
53.
Id. § 254m(b)(4).
54.
Id. § 254o(b)(1)(A).
55.
Id. § 254f-1.
56.
No. 92–2679, U.S. App. LEXIS 13778 (7th Cir. June 14, 1993).
57.
Id. at *1.
58.
Id. at *8.
59.
Id. at *9.
60.
Id. at *10; accord United States v. Hugelmeyer, 774 F. Supp. 559 (D. Ariz. 1991).
