Thousands of Haitian Refugees Force A Pause On Massachusetts “Right To Shelter” Law

Haitian refugees are flooding into Massachusetts at unprecedented rates.

The Massachusetts Office for Refugees and Immigrants (ORI) Programs and Services releases an annual report on immigration statistics in Massachusetts.

In 2021, Massachusetts saw a dramatic increase in Haitian refugees. In 2023, refugee numbers have surged to record highs.

In fact, the number of Haitian refugees is so overwhelming, that the state has halted it’s once lauded “right to shelter” law.

Massachusetts “Right to shelter law”

Massachusett’s right to shelter law, requires the state to provide shelter for unhoused or homeless individuals. However, the administrative implications of this law are more practical, rather than an absolute mandate that all homeless people MUST be housed.

The state must have an agency to administer systems that provide for homeless people. The Executive Office of Housing and Livable Communities is the state agency that promulgates rules and regulations and administers programs to serve the homeless.

Governor Healey estimates that 40-50 new Haitian refugees are coming into Massachusetts a day. Housing officials budgeted $325 million this fiscal year for the program — with the intention of serving 4,100 families, with 4,700 shelter units available.

As of October 27th, there were 7,268 families in the shelter system, a 77% increase than what was contemplated for 2024.

In September, Healey requested an additional $130m from the legislature to serve at least 6,400 families. That request has not been acted on yet.

The state expects that by the first month of the year, January 14th, funds for shelters will be completely depleted.

In an emergency action, Healey allowed for there to be a limit set on how many families will be sheltered, which currently stands at 7,500 as the cap. This deviates from the state’s right to shelter law that aspirationally intends to shelter everyone in need.

Her decision was challenged in court by housing advocates, and the court upheld it.

Later, Healey said “There are a lot of places in the country where people can go once they cross into the United States.”

Why Are haitians Coming here?

The short answer is gang violence. But to merely utter the words “gang violence” doesn’t capture just how astonishing the destruction has been in Haiti. For a harrowing picture of the gang violence in Haiti watch this ↓↓ video ↓↓

Nearly 4,000 people have been killed in Haiti and over 1,000 kidnapped with 200,000 people being displaced because of the gang violence.

In the beginning of the 2023 Israel-Gaza war, 200,000 people were initially displaced from a relentless barrage of missles razing city infrastructure. With over 130 gangs run Haiti’s major cities, terrorizing, raping, and murdering civilians, Haiti is very much a war zone.

For survivors, the living conditions are just as dire. Haitians lack access to food, water, shelter, and healthcare. I had a health scare a few weeks ago, and I can’t imagine how hopeless I’d feel if I lived in a country where I wasn’t able to get medical treatment – we’re lucky to live in America (even if it sucks sometimes because of taxes and cost of living.)

It’s no wonder that Haitian refugees are coming to Massachusetts. Getting on food stamps is a relatively easy process, as is enrolling in Masshealth (MA’s free healthcare system), and receiving help with shelter (right to shelter law.)

How Do Massachusetts Homeless People Feel about Haitian Refugees?

As a lawyer I represent a number of homeless clients and asked them how they felt.

Each of them have expressed their frustration. One of my clients (call him Bob) was kicked out of a shelter to make room for more refugees. Luckily, his emergency section 8 voucher had come through just in time, otherwise he’d be on the streets.

He said “They’re (Haitians) getting free help which is bullshit instead of helping the people from here, fuck them”

Bob grew up in Springfield. His parents and family live here and so do his wife and kids. He was working for the majority of his life before he fell victim to drug addiction.

Since he was 17 he worked in Massachusetts and paid the Massachusetts income tax. He bought Massachusetts goods and was similarly taxed on those too. His whole life he’s been here and his whole life he’s celebrated holidays and moments with his family in Massachusetts.

Another one of my clients was also displaced from a shelter because it was at capacity. He told me that most shelters are, and homeless people have no other option but to set up tents on public grounds.

The city and non profits often give homeless people tents to set up, then weeks later bulldoze encamptments that get too large.

He too is from MA and was working a high paying job before he had to leave his living situation due to non-drug or criminal related issues.

He has kids here and worked his whole life.

Homeless people feel shortchanged in Massachusetts. Shelters are making room for a rapidly growing population of refugees instead of taking care of it’s own residents.

How Should You feel about this?

I don’t like making generalizations or painting any situation as “good” or “bad.”

As a lawyer, you learn that things are always more nuanced than they seem.

I see Haitian refugees and I think damn – they have it bad. Like unfathomably bad.

In Massachusetts if you get shot by a stray bullet, an ambulance will pick you up and treat you at a Baystate facility where you may be under the care of a Yale-graduated medical doctor. That’s awesome. Now, American healthcare isn’t all skittles and rainbows, that same hospital may turn around and sue you for $80,000, force you to spend your life savings in collections or force you into bankruptcy or they may get a judgment against you which will tank your credit. But even if you don’t have healthcare your losses will be monetary, at least you’ll survive. In Haiti, it’s not like that. In Haiti, you die.

On trash day we bring out the trash and magical waste chariots grace our curbs and take our garbage to unknown lands where it goes away forever. Out of sight out of mind. In Haiti, it’s not like that. Trash and sewage literally flood the streets. Like actual floods of trash and sewage.

If you’re thirsty in downtown Springfield you walk into a Starbucks and say “hey, can I please have a glass of water” and the barista says “sure!” and you’re on your way. In Haiti it’s not like that. The water is contaminated from sewage and trash overflows.

In Massachusetts if god forbid anything criminal ever happened to your family you call the police and ideally they investigate and at least try to bring victims to justice (though it doesn’t always work out.) In Haiti, it’s not like that. The criminals are the police!

So, I don’t blame Haitians for fleeing a crime ridden country that is torn by gang rape and violence. Who could? And why should they care when Massachusetts taxpayers disdainfully foot the bill? To them, they are alive, they are free, and they are people deserving freedom and better lives.

I hope Massachusetts can help them, and I’m proud that our state cares about them.

On the other hand, I hear the concerns of Massachusetts homeless residents. I also think there are other solutions to the refugee crisis. There are other bordering states that aren’t experiencing the same influx of refugees. To lessen the burden on Massachusetts, other states should help out by offering services to these people escaping gang violence.