Fred Mitchell
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
LEGISLATION to regularise the government’s new immigration policy and establish a legal framework for the Carmichael Road Detention Centre were tabled yesterday.
If passed, the highly anticipated Immigration (Amendment) Bill 2015 will allow officials to grant resident belonger permits; establish a sector policy that outlines the exercise of ministerial discretion as it relates to residence and employment, and create an Immigration Reserve.
“The main thing is the fee for the belonger permit is $25,” Mr Mitchell said.
“Right now, if you need to get a residence permit or general worker’s permit it is $1,000 so this is a substantial improvement in the cost for people who find themselves in the category of having been born here to non-national parents and at the moment have no status at all.
“So this is a mechanism for them to get status until their applications for citizenship are considered. So I think that should be a substantial improvement over the present situation.”
The legal framework comes three months after the government’s new immigration policy was first introduced, and its absence has reportedly caused major hardship for immigrants who have been unable to comply fully with the new regulations.
On November 1, the government introduced a wider immigration policy that, among other things, required every non-Bahamian living in the country to have a passport of their nationality with proof of their status to live and work in The Bahamas.
Certificates of identity previously issued to people born to foreign parents legally residing in The Bahamas will not be renewed; instead a passport of their nationality with a resident stamp is required.
The resident belonger permit gives those born in The Bahamas who have a right to apply for citizenship under the Constitution some form of status while their application is pending.
The application processing fee for the permit is $100, and non-refundable.
The permit does not prejudice the right of a permit-holder to apply for Bahamian citizenship, and can be granted for up to three years at the discretion of the Immigration director, according to Mr Mitchell.
Eligible people include: a person born in The Bahamas to non-Bahamian parents who is entitled to apply for registration as a citizen and is residing permanently in The Bahamas; and a person born legitimately outside the country to a Bahamian mother or father who is married to a non-Bahamian.
Last year, it was revealed that the Carmichael Road Detention Centre has been operating without governance procedures or rules since it was established in the mid-1990s.
At that time, Mr Mitchell said he would recommend that proposed legislation also included an independent civilian oversight panel to process complaints.
The recommendations were made as part of a commission report on the conduct of the detention centre, he said.
Last week, the Inter-American Commission on Human Rights (IACHR), the primary agency for the Organisation of American States, issued precautionary measures for immediate action to protect the life and physical integrity of people held in immigration detention at the Carmichael Road facility. The IACHR report cited numerous risks due to alleged inhumane conditions of their detention, adding that the government had not responded to its request for information sent on January 15 to date.
Yesterday, Mr Mitchell also refuted claims that the government did not respond to the IACHR’s information requests, saying it was “not true”.
“The government told them when they indicated to us that they needed to have a response by a certain time,” he said. “We told them that we couldn’t meet the deadline and that they should extend the deadlines to a particular time, which they obviously did not. They just went ahead and made their decision. So that is our position on that. It is impossible for an organisation of that nature to ask for something and we would not respond to it, impossible.”
There are 288 people detained at the Carmichael Road Detention Centre, according to Mr Mitchell, who said repatriation of 228 Haitian nationals is scheduled for next week.
The amendment bill reads: “The Bill seeks to amend the Immigration Act to: mandate the formulation, implementation and publication by the minister of a sector policy, effective upon publication, in relation to the exercise of ministerial discretion with respect to residence and employment matters in The Bahamas under Part VI of the Act; establish an Immigration Reserve and provide for the enlistment, promotion, dismissal, powers and duties of reservists; empower the minister to make regulations establishing a detention centre for persons pending deportation at one or more locations within The Bahamas; provide for the grants respectively of a resident belonger permit, and of a certificate of permanent residence to a foreign spouse who is widowed, divorced or separated after applying for a certificate.”
Comments
Well_mudda_take_sic 9 years, 8 months ago
This bill seeks to circumvent our constitution by the creation of a so called "resident belonger permit" that our Minister of Immigration would have the power to bestow on just about any illegal immigrant that he chooses. In tabling this bill, the government is effectively seeking the power to grant thousands and thousands of illegal immigrants the right to reside in the Bahamas and enjoy the benefits of doing so at the expense of the already over-burdened Bahamian taxpayer. This is a huge back-door amnesty initiative on the part of our government primarily aimed at bringing even more Haitians into our over-crowded public schools, hospitals and medical clinics, etc. The government's recent hard line stance towards illegal immigrants was nothing but a charade as all the while they were working behind the scenes on this bill in an effort to effectively circumvent our constitutional rights regarding exactly who is entitled to be a Bahamian and thereby reside in the Bahamas indefinitely. This bill will create another class of permanent residency that our Minister of Immigration would be able to dole out at his discretion to thousands and thousands of existing illegal immigrants as opposed to enforcing our existing laws which require their deportation! Small wonder Mitchell has not sought to obtain the additional funding he needs for the purpose of deporting illegal immigrants - he now simply plans to grant "resident belonger permits" proposed by this bill to just about all existing illegal immigrants. This undoubtedly will only encourage even more illegal immigration from countries like Haiti. Think how many Chinese will quickly follow the many illegal Haitians who are already taking a serious toll on our very limited resources.
ispeakthetruth 9 years, 8 months ago
Bahamians are once again being duped. Why is the belongers permit the only proposed ammendment? This proposed law clearly favors the illegal immigrant offspring and should be revised to cover other areas of ambiguity as it relates to citizenship, and the immigration department. The proposed ammendment should include:
a proposal to clearly state the a person born to non Bahamian parents has the right to apply for citizenship, and make it clear: are not entitled to citizenship. Why would that not be the foremost proposal.
a proposal to make the so called belonger's permit valid for six months, or one year maximum. Why would it take up to 3 years to process applications, if there are immigration reservists? One clause in the nationality act is that a person has to prove that they will not be a burden to the public. So now they have fixed that so ALL belongers are employable, and would likely have been employed for up to 3 years and therefore, ALL will be made citizens.
a proposal to establish an oversight committee of this department. It would also ensure that 2nd generation Haitians in Bahamas are not established as belongers. And persons who did not apply at the age of eighteen, already forfeited their rights to apply.
I'll admit he had me fooled with all the back and forth, and strong pro Bahamian talk. This proposed law is really of no benefit for the non Haitian Bahamian...it will simply inject more employees in a market with severely limited jobs, and do nothing to help overcrowded classrooms and an overtaxed healthcare system.
DonAnthony 9 years, 8 months ago
You finally realized you got swing? At least you were man enough to say it. I will not say I told you so.
ispeakthetruth 9 years, 8 months ago
I had my doubts but I wanted to believe, and I had to give him the benefit of the doubt until I knew otherwise. Now I know otherwise. I was expecting something more substantial and protective of (non Haitian) Bahamian interest. This is clearly not that.
Economist 9 years, 8 months ago
Transparency is something this government does not want.
This legislation further crystalizes The Bahamas as a backwater third world country. Sad, when we have so much potential to be first rate. Theses guys are dragging us down.
Emac 9 years, 8 months ago
We all wanted to believe, ispeakthetruth-Never mind though. At least it gives us a clear understanding on the way forward. True Immigration Reform=DNA Like my former prime minister used to say,"'ain't long now!" :-)
DEDDIE 9 years, 8 months ago
The resident belongers permit will not work either. To obtain any permit you need a passport to establish identification. The Haitian kids will not apply for a Haitian passport because they simply don't believe they are Haitians. The status quo remains.
empathy 9 years, 8 months ago
The previous commenters have clearly articulated the frustrations that Bahamians must feel. Instituting a "Belonger" status in isolation, or in any instance other than as a temporary policy until the citizenship status in our constitution is "fixed" is disingenuous, and could cause us more problems in the long run, many of which have been stated previously.
Even those of us who hail the need for new blood to enrich our country hope that the "fix" is elimination of the pathway to Bahamian citizenship from simply being born here, especially to parents who are illegal at the time of the child's birth. Children born to legal parents are another matter, and they have my support for citizenship.
Let's be sensible, in our thoughts, discussions and policy. One place to start is to move quickly with the immigration related citizenship issues garnered by the Constitutional Commission. Surely Bahamians would be more enthusiastic about addressing this issue beyond all others.
BahamaPundit 9 years, 8 months ago
My jaw is on the floor. This same Fred Mitchell that championed enforcing the laws of The Bahamas and deporting illegals is turning coat. His new legislation goes far beyond Fred Smith's wildest dreams. He is seeking to enact one of the most liberal and open door policies of any country on the globe in The Bahamas.
The constitution allows persons born in The Bahamas to apply for citizenship at the age of eighteen. In my view, this clause was inserted for the benefit of Bahamian mothers married to foreign men, because Bahamian women cannot pass on citizenship. It was not intended for persons illegally coming into the Bahamas to have a path to citizenship. Contrarily, this clause has been abused, as thousands of Haitians use it to gain permanent status.
Mr. Michell, I beg you to reconsider this awful new liberal persona you are inflicting on The Bahamian public. Have you considered the ramifications of this new Act? Is an Act that perversely treats illegal immigrants the same as persons born to Bahamian mothers just? It does not take Einstein to understand that legitimizing every illegal born here and bestowing them with status will lead to a massive increase in illegals flooding to our shores as soon as they become pregnant.
Just when you think you have the PLP figured out, they completely turn coat. The only rational I can think of is this entire rounding up of illegals and "enforcing the law" business was a complete sham used to build positive sentiment in the electorate. A Haitian Bahamas must be in the PLP's master plan. Could it be that they eagerly seek voters of a darker hue that they can control and manipulate? They sure as hell are good at chasing white bankers away and any light skinned Columbian in a skimpy dress. Unbelievable!!!!
Cas0072 9 years, 8 months ago
We need a full overview of how the new and old policies tie into one another, because while we react to the pieces information afforded us via the media, there is still a larger picture. As a standalone feature of immigration reform, it is hard to see how this is not a victory for people who want to turn this country into an anchor baby state. I understand categorizing these children for the purpose of attending school while their parents status is under review. However, if the belongers permit applies to children up to age 18, why is employment a consideration? If a child classified as a belonger comes of age while the parents are being vetted, he or she should then apply for citizenship. Applicants are not citizens, and they should not be able to work legally until their application has been approved. If no application is made between their 18th and 19th birthdays, they should be subject to deportation just as any other illegal immigrant.
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