York pastor faces imminent deportation to Haiti amid legal challenges

Less than two weeks after he was stopped by police for a burned-out headlight and handed over to federal immigration agents, Pastor Molis Augustave may be deported back to Haiti as soon as Thursday morning.

Augustave, who has been in the United States legally for a decade, was transferred from the Louisiana ICE detention center where he was being held to Miami to be sent back to Haiti Thursday morning.

Advocates for the York resident – a minister and father of two – have filed legal challenges in Louisiana to stop his deportation and have asked Pennsylvania Gov. Josh Shapiro to intervene in the case and call Department of Homeland Security Markwayne Mullin to stop Augustave’s deportation, something they said the governor’s office is reviewing.

The “fast-tracked” deportation – as advocates described it – came to light when a lawyer representing him checked the U.S. Immigration and Customs Enforcement online database of detainees and found that Augustave was no longer in the Central Louisiana ICE Processing Center.

The lawyer, Ama Frimpong, chief of services and legal advocacy for We Are CASA, said Augustave’s wife told her Wednesday that her husband was in the process of being transferred to a facility in Miami to be put on a flight to Haiti as early as Thursday morning.

“Why is ICE moving so fast?” Frimpong asked. “Could it be because they know he has a strong case to remain in the country?”

Augustave entered the U.S. legally in 2016. In 2020, his application for asylum was denied, as was an appeal of that ruling. He was permitted to remain in the U.S. under a temporary protective status afforded Haitian immigrants since a catastrophic earthquake stuck the island nation in 2010.

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In August 2024, he applied for a green card – indicating permanent residency status, a precursor to seeking citizenship – eligible for such status since he is married to American citizen, Omara Nunez. One part of his application has been approved, and he was awaiting action on the second part of the process when he was detained by ICE.

That application was pending when the U.S. Supreme Court ruled that the Trump administration could rescind the protective status granted Haitian immigrants. That status ended in July.

Previously: Haitian pastor detained by ICE after traffic stop for broken headlight

Previously: Haitians in York fear being returned to a country in dangerous chaos

Another case: ‘It’s insane.’ Beloved York soccer coach faces deportation to Haiti

When Augustave was pulled over by West Manchester Township Police for the burned-out headlight on Sept. 4 – he was delivering for DoorDash at the time, which he started doing after work permits for Haitian immigrants were also revoked – he had a removal order from his failed asylum case pending. He had worked for CASA as an organizer before losing his employment permit.

Frimpong said lawyers have filed a writ of habeas corpus in federal court in Louisiana asking a judge to stay Augustave’s deportation while his green card application remains pending before U.S. Immigration and Citizenship Services. It is unlikely that the court, U.S. Western District Court of Louisiana, will consider the request before Augustave’s anticipated departure Thursday, Frimpong said.

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“He is being hustled off without any due process to a country where his life is in danger,” Frimpong said during a hastily organized press conference Wednesday afternoon.

Guerline Jozef, founder of the advocacy organization Haitian Bridge Alliance and a globally recognized human rights advocate, said sending Augustave back to Haiti is “a crime against humanity” and demonstrates “inhumanity” and “a lack of regard for human life.” The country does not have a functioning government – it hasn’t had a president since the last one was assassinated five years ago – and much of the nation’s capital is run by armed gangs. It is on the verge of famine. The U.S. State Department advises American citizens not to travel to Haiti and if they do, to provide a DNA sample before going to they can be identified should they be kidnapped or worse.

Jozef, who met Augustave shortly after he emigrated to the U.S. and recalled his “bright smile and good heart,” urged “the U.S. government to give Pastor Molis his due process.”

Frimpong said Augustave’s advocates are asking the Haitian government, such as it is, to refuse to accept Augustave upon his arrival. It’s not known whether that request can be granted since what remains of Haiti’s government is mired in chaos.

Once Augustave leaves the United States, Frimpong said, he must begin the immigration process from scratch. “If he is deported, his green card application is moot,” she said. “He’ll have to start the process from the beginning.”

Before President Donald Trump took office in January 2025, immigrants with pending green card applications were permitted to remain in the country while their claim was adjudicated. That changed.

“This is not about keeping us safe,” Frimpong said. “This is not about who is here legally and who is not here legally.”

Augustave, she said, came to the U.S. legally and has complied with ICE requirements for staying in the country. He has no criminal record and has been a contributing member of the community since he arrived in York six years ago.

“The biggest thing we’re asking for is time to allow the legal process to play out,” Frimpong said. “He should not be on that flight tomorrow morning. He should be home.”

Columnist/reporter Mike Argento has been a York Daily Record staffer since 1982. Reach him at mike@ydr.com.

This article originally appeared on York Daily Record: York pastor faces imminent deportation to Haiti amid legal challenges