Senator Fred Mitchell.
By KHRISNA RUSSELL
Deputy Chief Reporter
krussell@tribunemedia.net
FORMER Immigration Minister Fred Mitchell yesterday questioned whether the government’s newly announced limitation on citizenship can be done constitutionally, expressing concern the change could grant a general right for permanent residency “to all and sundry”.
A new round of public debate regarding the immigration landscape in the country was reignited Monday with Immigration Minister Brent Symonette’s announcement at Parliament that people born to foreign parents in the Bahamas, but fail to apply for citizenship by age 19 as allowed by law will only be granted permanent residency with a right to work.
It is one aspect of proposed changes to immigration laws that are excepted in coming weeks.
Noting statute law cannot give right to citizenship that the Constitution does not grant, Progressive Liberal Party Chairman Senator Mitchell further questioned why the government would bring an amendment to law for something it already has the power to do.
He said this would not be a useful way to spend parliamentary time.
“Right now the minister and the immigration board (the Cabinet) can grant citizenship or permanent residence to those people who are in that position without any need for an amendment to the law,” Mr Mitchell said in a press statement yesterday.
“We hope they are not proposing to create a new right which becomes or can become a vested one, because that would be difficult for the PLP to support. We are not sure they can do that constitutionally in any event.
“The statute law cannot give a right to citizenship which the constitution does not grant.
“In cases where people were born in The Bahamas and lived here all their lives and missed the deadline of their 18th birthday and applied for citizenship, the PLP would rely on the general law to grant citizenship to those individuals as a matter of policy.
“In addition, in cases where part of their lives was lived here and part in their home countries, permanent residence was often granted in the first instance until they proved that they had the necessary attachment to the country in order to get citizenship.”
He continued: “We hope that the FNM is not proposing to give a general right to get permanent residence to all and sundry who are born here, leave the country and come back years later claiming permanent residence or a right to citizenship. That would be wrong and therefore difficult to support.
“What the minister ought to do is to ensure that the children of single Bahamian men get the same rights as single Bahamian women. That would be a useful amendment to the citizenship laws and not what they now appear to propose.”
Currently the article seven of the Constitution says: “A person born in the Bahamas after 9th July 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas.”
The addition of a specific designation like permanent residency for persons who do not apply within that period, would be a new addition to law.
Mr Symonette said issues relating to children born outside of the country to Bahamian women married to foreign men, and children born to single Bahamian men will also need to be addressed.
In the House of Assembly Monday, Mr Symonette insisted the impending amendments to the Immigration Act have nothing to do with any ongoing case in the court, adding the changes are needed largely because the laws have not changed much since 1973, the Bahamas’ year of independence.
He did not mention the ongoing Jean Rony Jean-Charles matter, which is now before the Court of Appeal. However, Mr Jean-Charles’ situation falls into the minister’s description of persons who will not be granted citizenship once the immigration laws are amended.
Comments
Well_mudda_take_sic 6 years, 8 months ago
Here's what really needs to be done to put an end once and for all to most of our problems arising from illegal migrants -
Repost: If Haiti refuses to accept our deportation of illegal Haitian migrants (including their children born in the Bahamas) then we should cease all diplomatic relations with Haiti and request that their embassy personnel immediately leave the Bahamas. At the same time, our Ministry of Immigration should give 6 months notice to Haiti that the Bahamas will be revoking all work permits held by Haitian nationals and will begin rounding up for detention all Haitians who will then have no right to reside in our country, if they themselves or the Haitian government have not made arrangements for their repatriation back to Haiti.
As for preventing future illegal migrants from Haiti, The Central Bank of The Bahamas, in concert with our Ministry of Finance, should order all banks and other financial institutions operating in the Bahamas (as well as the gaming web shops) to immediately cease all currency transactions and international money transfers to financial institutions in Haiti and South Florida involving Haitian nationals unless prior written consent is received directly from The Central Bank of The Bahamas. Bahamas Immigration officials at all ports of departure (land and sea) for travel to Haiti and South Florida destinations should be instructed to undertake a rigorous search of all Haitian passengers and suspected non-Haitian currency mules for cold cash in currencies other than the Bahamian dollar being illegally carried out of the Bahamas for the benefit of illegal Haitian migrants and their family members back in Haiti.
Introducing these harsh but necessary measures would put an end to our Haitian illegal migrant problem and help build our foreign currency reserves. It is high time we get truly serious about protecting our sovereignty, cultural identity and economy from the ravaging effects of unchecked Haitian illegal migrants. If we are to survive as a nation, we must do whatever we can to fight the scourge of illegal migrants that has for decades now been eating us alive from within like a deadly cancer. As heartless as it may sound, we must turn a deaf ear to the many sob stories pushed to us time and time again by those who do not have the interest of lower income Bahamians at heart, and this includes the Haitian government itself. These are the types of actions Brent Symonette and his fellow cabinet ministers should be considering as a matter of great urgency.
And essentially the same approach should be taken to dealing with our growing Jamaican illegal migrant problem. It must be recognized though that those Jamaicans who already have resident status in the Bahamas are much more cunning and manipulative in how they deal with corrupt persons working at our Department of Immigration for the purpose of helping their 'illegal' Jamaican friends and family members get status 'through the back door'.
Well_mudda_take_sic 6 years, 8 months ago
P.S. We should also revise our constitution to discourage illegals from having children here with the aim of them becoming Bahamians by removing the provision for their children to apply for citizenship at age eighteen and limit this privilege to the children of parents with legal status.
DDK 6 years, 8 months ago
Mudda, you forgot the free education and health elimination!
DDK 6 years, 8 months ago
What's with all the $300.00 fines for illegal entry into our country? That does not not even cover the cost of detention until deportation and deportation. Talk about slap on the wrist! They charge Bahamians more than that for possession of half a j. Immigration and the judicial system need to get serious.
My2centz 6 years, 8 months ago
What exactly is Mitchell speaking out against? They've both used their positions to make the Bahamas an anchor baby state.
The constitution makes no guarantee of status after the window, yet they both do. If one is not born in Bahamas but comes as a young child he/she is essentially in the same position as far as ties and formative years. How can they deny status to that person based on something that is not upheld by the constitution?
I'm sure they dont. No wonder the boats and Bahamas born babies keep coming. Even the loud opposers are complicit in Haitianizing the country. What a shame.
TheMadHatter 6 years, 8 months ago
Maybe the spirit of this proposed law is not to offer permanent residence automatically, but instead to stress that the idea of citizenship for the said class of persons is no longer an option.
It may be a limiting options, not offering new ones.
Cas0072 6 years, 8 months ago
Mitchell was previousy making sense and now he shows why the PLP and FNM are one and the same. The children of illegals born in the Bahamas or Haiti, should be entitled to one thing only - deportation. The only ties that matter in terms of permanent residency status is that a person is gainfully employed, holds a valid rental agreement, and a clean criminal record. Having tons of children in the Bahamas in schools should not be considered a tie. Permanent residency is the most that any of them should be offered and it should have a 5 year max for them to either become citizens or retain their nationality and leave. If they are caught working undocumented before applying, they need to be deported and the option rescinded.
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