#9063 - Global Migration And Domestic Policy - Immigration and Refugee Law

• 23 million people live outside of their country of origin (1/3 of the world’s population)

• Reasons for travel outside of country include: geography (cost of travel, geographic limitations), economy, nature of system (ex. timelines, benefits), social advantages (health care, family networks, community), visa/entrance requirements, etc.

• Causal factors related to the voluntary movement of migrants:

  • 1) highly skilled workers

  • 2) demand for manual labour

  • 3) family reunification

  • 4) worker/food safety

  • 5) population explosion

  • 6) globalization

  • 7) students (2.8 million abroad; consider their ability to be part of the experienced class to obtain PR)

• Domestically, 20% of Canadians are foreign born; economic immigrants comprise most of the PR class in Canada (most from Asia and Pacific)

• Historically, Canada’s track record is poor. Consider

  • Chinese Immigration Act 1885 which imposed a head tax (23 million was collected from the Chinese until 1923)

  • Black and Aboriginal slaves in the loyalist population (some were not given same inducements or land grants). In 1911, an Order-In-Council was passed deeming them unsuitable to the climate in Canada

  • Refugees by boat: Komagata Mavu IN 1914 (376 turned away), Jews on SS Louis coming from Germany (937 turned away in 1939), Tamil boats in 2009-2010 (MV Ocean Lady, MV Sun Sea) (which resulted in indefinite detention)

• Historically, other exclusive provisions include: criminals, alcoholics, illiteracy, illegitimacy, attempted suicide, disability and deportation as a means of silencing foreign labour agitators

• Today, it remains as such: Consider C-43 and the legality of detention for a year without the possibility of independent review. The legislation also denies family reunification and right to travel aboard for less than 5 years.

• Racism: IRPA with respect to distribution posts (s. 15 backlog claims have ensued as a result), point system (favouring young, healthy workers, right of permanent residence fee ($975), principal investor ($1050), sponsorship ($550), 81% of countries requiring visas are from the south and 19% are predominantly white, requirements producing identity documents

Forced Migration

• Causes include civil strife, persecution, laws of the land contrary to one’s values, environmental migrants, development-induced displacement (ex. deforestation or mining), disaster-induced migration (ex. tsunamis, degradation, etc.)

• How they differ from voluntary migrants:

  • Choice of destination out of necessity

  • Many go to developing countries due to proximity

  • Some may be subject to life in refugee camps which have serious constraints (Ex. UNHCR capacities)

  • Reliance on goodwill countries

  • Can be sent home if conditions in country of origin change

    • If the Minister can demonstrate on a BOP that a PR’s home country conditions have improved, that person can be sent back to their home country (based on human rights reports, UNHCR reports, amnesty international, etc.)

• Debatable “forced” categories: discrimination, medical concerns, trafficking/smuggling, regular/irregular migrants (regular being those who go through the procedure overseas and irregular being migrants who have not gone through these means – ex. Tamil boats)

Thesis: Borders should generally remain open and people should choose freely to live where they want to build a better life for themselves (focus on liberty)

• limitation of entry, historically, is linked to birthright privileges, but there is no natural social order, and all human beings are of equal moral worth

• borders should stay open because 1) freedom of mobility is a prerequisite to many freedoms, and is essential for equality of opportunity 2) commitment to equal moral worth means commitment to keeping economic, social and political inequalities low

• immigration law is the basic right of states on an international level – what is deemed morally correct with respect to the regulation of borders should be challenged

• open borders creates distributive justice and speaks to egalitarianism

• exceptions to open border national security and disease

Thesis: Statistics have demonstrated that immigration has been a net benefit to the vast majority of residents of destination countries. Empirical studies also demonstrate that an increase in immigration numbers plays little role in reducing wages or increasing unemployment.

Solution: Decentralize to improve efficiency – this can largely be done through internalized insurance policies

• There are loose restrictions for economic immigrants in both Canada and the US – it is evident which type of immigrants nations value

• Those that shouldn’t be admitted include those with health are problems, old age, criminality and national security issues

• Remittances make up for loss investment

• Brain drain may reduce voice of dissidents in country of origin

• Domestic policy should not require employer to demonstrate that there are no qualified workers because markets are wiling to absorb the costs of a foreign worker anyway (policy is too protectionist)

• Immigrants generate tax revenues through property and sales while remaining ineligible for many social programs

• Migration decreases global inequalities (especially through remittances that act as positive benefits

Recommendations:

1. Quotas are arbitrary and should be avoided

2. All immigrants are taxed on income at same rates as natives so they shouldn’t be denied health care or education. Other social benefits (ex. welfare) can wait until residency achieved

1. Temporary workers: employee should be obligated to pay insurance premiums and if insolvency ensues, employee is responsible

2. Family class should immediately be eligible subject to national security, health and criminality requirements (must have insurance policies)

3. Refugees who do not pass health tests should only be admitted if they have private health insurance. There should be mandatory social program insurance system for refugees

4. Temporary worker visas should be distributed liberally in order to reduce unskilled migration

5. Changes to the investor program should ensue for investment in nation

Thesis: We must look beyond the naturalist element which looks to equality and understand the positive element accompanying control over borders with respect to jurisdiction.

• It is more practical to retain restrictions with respect to immigration flow (identity is a key aspect of this distinction)

• Recognizes that Canada’s H&C process is now more restrictive