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August 9, 2004
U.S. Is Ending Haven for Those Fleeing a Volcano
By NINA BERNSTEIN
http://www.nytimes.com/2004/08/09/nyregion/09volcano.html?th=&pagewanted=print&position=

[T] he volcano on the tiny Caribbean island of Montserrat had been slumbering for 
centuries when it awoke in 1995. Amid the banana groves and breadfruit trees of their 
tourist paradise, the islanders hoped that its eruptions would soon subside. Instead, 
within two years, 7,000 people - roughly two-thirds of the population - had to flee 
escalating explosions of rock, ash and toxic gas.

Most went to other Caribbean islands or to Britain, which colonized Montserrat in the 
17th century and still governs it. Fewer than 300 ended up in the United States, 
mostly living with relatives in New York and Boston. Since it was unsafe to send them 
back after their visitors' visas expired, the United States granted the Montserratians 
"temporary protected status," renewed year by year so they could legally stay and work 
until the worst was over.

Now, in a startling twist that reflects a major change in immigration politics, the 
Department of Homeland Security is ordering the 292 Montserratians to leave by the end 
of February - not because it is safe to go home again, but because it is not going to 
be safe anytime soon.

"The volcanic activity causing the environmental disaster in Montserrat is not likely 
to cease in the foreseeable future," Homeland Security officials explained in a June 
25 notice ending Montserratians' temporary protected status effective Feb. 27, 2005. 
"Therefore it no longer constitutes a temporary disruption of living conditions that 
temporarily prevents Montserrat from adequately handling the return of its nationals."

The decision has stunned islanders who rebuilt their lives in America from scratch. 
"It's devastating," said Sarah Ryner, 59, a public health nurse supervisor who lost 
her home and career in the volcanic aftermath and now works night shifts at a New 
Jersey hospital. "I'm just frozen, and my children are the same. We are saying: What 
can we do? Where can we go?"

Homeland Security officials have an answer: Move to England.

Montserrat is one of Britain's last overseas territories, many of its people 
descendants of the African slaves and Irish penal deportees sent to toil there 400 
years ago. Citing scientific estimates that dangerous volcanic activity is likely for 
at least 20 years, and for perhaps as long as a couple of centuries, the Homeland 
Security notice advises those who choose not to return to the devastated island to 
consider exercising their claim to British citizenship and relocating to the 
motherland.

The notice also took the British government by surprise. At the British Consulate in 
New York and the United Kingdom government office on Montserrat last week, press 
officers said they were not prepared to answer questions about the prospects of 
British residency for Montserratians like Mrs. Ryner; her son Craig Ryner, 35, now a 
New York subway station agent raising three Brooklyn-born children; or her divorced 
daughter, Pearl Ryner, 39, a teacher turned medical technologist. British officials 
are asking the United States government for more information, press officers said.

Pearl Ryner's 14-year-old son, Khorri Silcott, who was 7 when he left the island, 
remembers half a dozen terrifying evacuations from the encroaching volcano before he 
and his grandmother could join his mother and uncle in New York. When his grandfather 
tried to follow, it was too late, the family said; the window for "temporary protected 
status" had closed, and Khorri's grandfather was repeatedly denied a visa to the 
United States before he died of stomach cancer at 60, alone in England.

"I'm really worried right now," Khorri said. "It's like they're just kicking you out 
after you worked so hard."

A spokesman for the Department of Homeland Security, William Strassberger, 
acknowledged that in other cases, temporary protected status ended only when a crisis 
was over - for Bosnians after the genocidal war stopped, for example, or for 
Salvadorans when hurricane damage was cleaned up. Protected status is in place for 
people from Burundi, Honduras, Liberia, Nicaragua, Somalia and Sudan.

"The fact is, temporary protected status is not meant to be a permanent solution," Mr. 
Strassberger said. "In this particular case there is no end in sight." Except for a 
handful of Montserratians already sponsored for green cards through marriage to a 
United States citizen, he said, those losing protection have no way to convert to 
legal residency before the February deadline.

No one is more upset by this turn of events than Vera E. Weekes, who worked on 
Montserrat as director of education in the 1980's before moving to New York and 
becoming a United States citizen. She spent years lobbying for a bill that would 
permanently legalize the Montserratians, only to see it stall when immigration policy 
changed after Sept. 11, 2001.

"It's heartless," said Ms. Weekes, the assistant director of the Caribbean Research 
Center at Medgar Evers College at City University of New York. "It's unbelievable. 
We're talking about 292 people who have been here for eight years, who have settled, 
who are working.''

The sponsor of the bill for the Montserratians, Major R. Owens, a Democratic 
representative from Brooklyn, reintroduced it last year. But he said the bill was 
unlikely to emerge from a subcommittee in the current political climate.

Before the volcanic eruptions of Soufriere Hills began, Montserrat was a favorite 
vacation spot of the rich and famous. When its dormant volcano turned deadly, the 
world watched in prime time as paradise met inferno. Now, with two-thirds of the 
7-by-11-mile island buried in volcanic rubble and color-coded volcano alerts warning 
of new eruptions, there is little enthusiasm on the island for the return of the 292 
expatriates and their children, some of whom were born in the United States and are 
therefore American citizens.

"That certainly would be a problem," said Keith Stone-Greaves, press officer for the 
local government, "given that housing is critical." He and his counterpart at the 
British government office on the island, Richard Aspin, agreed that the Homeland 
Security decision took everyone by surprise.

Mr. Aspin said he himself had to inform the British, after stumbling on the notice on 
the Internet the day after it was posted. "I couldn't believe my eyes when I read it," 
he added. "What do they want us to do, send these people into shelters?"

Whether Montserratians who fail to leave the United States before the deadline will be 
deported to the island or sent elsewhere is unclear. Dan Kane, a spokesman for United 
States Citizenship and Immigration Services, which controls protected status, referred 
the question to Immigration and Customs Enforcement, another Homeland Security branch 
responsible for deportation; there, a spokeswoman said the issue had not yet come up.

But Mr. Strassberger warned that after Feb. 27, the Montserratians would begin to 
accrue "illegal presence," a status that could bar them from future readmission to the 
United States for years. A better option for those with American relatives, he 
suggested, might be to apply for a green card through a relative's sponsorship and 
ride out the 12- to-20-year wait in Britain, returning when permanent residency comes 
through.

Though 3,500 island residents moved to Britain by the late 1990's, England was not 
quick to open the door, Ms. Weekes and others pointed out. Eventually evacuees from 
Montserrat were granted special aid and residency waivers for access to national 
health care and other benefits in England, but only for people who went directly to 
Britain from Montserrat. Citizens of British overseas territories were not 
automatically entitled to British residency until 2002. The Monserratians in the 
United States do not automatically have British passports.

Sarah Crichton, a spokeswoman at the British consulate in New York, said those special 
waivers were up for review next year, and she could not say whether they would apply 
to islanders who had been "temporarily" living in the United States.

She suggested, however, that any Montserratian rendered homeless by the unexpected 
Homeland Security ruling would get a sympathetic hearing from British authorities.

To Americanized Montserratians like Pearl Ryner, who is working nights in a medical 
lab while raising Khorri, Kherel, 11, and 16-month-old twins, that discussion adds 
insult to injury.

"We who came here, we wanted to start a life on our own," she said. "I'm not trying to 
say that those who went to England are less ambitious. But those of us who came here 
took a harder route. And now they're telling us to throw it all away."

Her brother Craig Ryner, the subway station agent, also works nights, as a fare booth 
attendant on the A and R stations all over New York. He visited England in 1987, and 
said he saw it was not for him.

"It's not really moving like America is," he said. "Here there are more chances to 
better yourself. I'm praying every day that something will work out."

Ms. Weekes is still trying. "I wrote the president a letter," she said. "And I said 
surely, this is not what America is all about."

Copyright 2004 The New York Times Company


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