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                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 3, 1993                   TAG: 9303030088
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A2   EDITION: METRO 
SOURCE: Cox News Service
DATELINE: WASHINGTON                                LENGTH: Medium

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HAITIAN REFUGEE POLICY ARGUED

The Clinton administration told the Supreme Court on Tuesday that "humanitarian" concerns compelled it to continue a policy of stopping Haitian refugees at sea and returning them to their troubled island.

Justice Department lawyer Maureen Mahoney told the justices that the interceptions were needed "to prevent a mass migration and the loss of lives at sea."

But a lawyer for Haitians sent back to their homeland countered that the Coast Guard "has erected a floating Berlin Wall around Haiti."

"This is not rescue" of would-be refugees, Yale law professor Harold Hongju Koh told the court. "This is aiding and abetting their persecutors."

A group of Haitians is challenging the policy on grounds that international treaties and federal law prevent the government from sending refugees back to a country where they face persecution, prison or death.

In hour-long arguments, the justices gave little indication of their leanings on the policy, which has surprisingly survived a change in administrations.

During the 1992 presidential campaign, Clinton criticized President George Bush's "cruel policy of returning Haitian refugees to their oppressors in Haiti without a fair hearing for political asylum."

However, Clinton embraced Bush's policy after taking office in January. Defending the flip-flop this week, Secretary of State Warren Christopher called Clinton's campaign rhetoric "a very unsound policy."

At a news conference after Tuesday's arguments, civil rights activists urged Clinton to abolish the policy and not wait.

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