‘Racism plays a role in immigration decisions,’ House Immigration Committee hears

While always important to recognize that bias and discrimination can influence decisions, different acceptance rates can also reflect other factors, and that misrepresentation may be more prevalent in some regions than others.

Training guides and materials need to provide illustrations and examples. Meurrens is one of the few lawyers who regularly looks at the data but his challenge of the training guide “Kids in India are not back-packers as they are in Canada.” is odd given that the data likely confirms that statement.

Moreover, the call for more transparency, welcome and needed, may provide opportunities for the more unscrupulous to “game the system.”

“Kids in India are not back-packers as they are in Canada” reads a note appended to a slide in a presentation used to train Canadian immigration officials in mid-2019.

In a recent access to information request, Immigration lawyer Steven Meurrens said he received a copy of the presentation which was used in a training session by Immigration, Refugees and Citizenship Canada (IRCC) officials, dated April 2019 and titled “India [Temporary Resident Visa]s: A quick introduction.” He shared the full results of the request with The Hill Times.

The slides, which detail the reasons why Indians may apply for a Temporary Resident Visa (TRV) and what officials should look for in applications—have notes appended to them, as if they were speaking notes for the person giving the presentation. On one slide detailing potential reasons for travel to Canada, the notes read: “Kids in India are not back-packers as they are in Canada.”

In an interview, Meurrens spoke to an apparent double standard for Indian people looking to travel to Canada.

“It drives me nuts, because I’ve often thought that, as a Canadian, a broke university student, I could hop on a plane, go anywhere, apply for visas, and no one would be like, ‘That’s not what Canadians do,’” Meurrens said, adding that he’s representing people from India who did in fact intend to come to Canada to backpack through the country.

A screenshot of the page wherein an IRCC presentation notes that ‘Kids in India are not back-packers as they are in Canada.’ Image courtesy of IRCC

“To learn that people are trained specifically that Indian people don’t backpack” was “over the top,” he said. It reminded him of another instance of generalizations made within IRCC about different nationalities of people, when in 2015, an ATIP he received showed that training materials within the department stated that when a Chinese person marrying a non-Chinese person was a likely indicator of marriage fraud.

At the time, the department said that document was more than five years old, and no longer in use.

“[I’d like us] to get to a state where someone’s country of origin doesn’t dictate the level of procedural fairness that they’ll get and how they’re assessed,” he said.

The fact of systemic racism within Canada’s Department of Citizenship, Immigration, and Refugees Canada (IRCC) is not new; evidence of such racism was uncovered through what is colloquially known as the Pollara report. This report, conducted by Pollara Strategic Insights and released in 2021, was the result of focus groups conducted with IRCC employees to better understand “current experiences of racism within the department.”

The report found that within the department, the use of the phrase “the dirty 30” was widely used to refer to certain African nations and that Nigerians in particular were stereotyped as “particularly corrupt or untrustworthy.”

As the House Immigration Committee heard last week, there remains much work to be done to combat systemic racism within IRCC.

On March 22, the House Committee on Immigration and Citizenship began its study on differential outcomes in immigration decisions at IRCC, and Immigration Minister Sean Fraser (Central Nova, N.S.) appeared at the committee on March 24. Other issues brought up by witnesses included a lack of transparency from the department as well as concerns of systemic racism and bias being embedded in any automated intelligence (AI) the department uses to assess applications.

From students in Nigeria being subjected to English-language proficiency tests when they hail from an English-speaking country, to the differential treatment of some groups of refugees versus others, to which groups are eligible for resettlement support and which are not, the committee heard several examples of differential treatment of potential immigrants to Canada due to systemic racism and bias within IRCC.

“I know it’s very uncomfortable raising the issue of racism,” said Dr. Gideon Christian, president of the African Scholars Initiative and an assistant professor of AI and law at the University of Calgary.

“But the fact is that we need to call racism for what it is—as uncomfortable as it might be. … Yes, this is a clear case of racism. And we should call it that. We should actually be having conversations around this problem with a clear framework as to how to address it,” he said.

According to Christian, Nigerian students looking to come to Canada to study through the Nigerian Study Express program are subjected to an English-language proficiency test, despite the fact that the official language in Nigeria is English, that English is the language used in all official academic institutions there, and that academic institutions in Canada do not require a language test from Nigerian students for their admission.

A spokesperson for IRCC said the department does not single out Nigeria in its requirement for a language test.

“IRCC is committed to a fair and non-discriminatory application process,” reads the written statement.

“While language testing is not a requirement to be eligible for a study permit, individual visa offices may require them as part of their review of whether the applicant is a bona fide student. This includes many applicants from English-speaking countries, including a large number from India and Pakistan, two nations where English is widely taught and top countries for international students in Canada.”

“Nigeria is not singled out by the requirement of language tests for the Nigeria Student Express initiative,” the spokesperson said.

Systemic racism embedded in AI

Christian, who is also an assistant professor of AI and law at the University of Calgary and has spent the last three years researching algorithmic racism, expressed concern that the “advanced analytics” IRCC uses to triage its immigration applications—including the Microsoft Excel-based software system called Chinook—has systemic racism and bias embedded within it.

“IRCC has in its possession a great deal of historical data that can enable it to train AI and automate its visa application processes,” Christian told the committee. As revealed by the Pollara report, systemic bias, racism and discrimination does account for differential treatment of immigration applications, particularly when it comes to study visa refusals for those applying from Sub-Saharan Africa, he said.

“External story of IRCC—especially the Pollara report—have revealed systemic bias, racism and discrimination in IRCC processing of immigration applications. Inevitably, this historical data imposition of IRCC is tainted by the same systemic bias, racism and discrimination. Now the problem is that the use of these tainted data to train any AI algorithm will inevitably result in algorithmic racism. Racist AI, making immigration decisions,” he said.

The Pollara report echoed these concerns in a section that laid out a few ways processes and procedures adopted for expediency’s sake “have taken on discriminatory undertones.” This included “concern that increased automation of processing will embed racially discriminatory practices in a way that will be harder to see over time.”

Meurrens, who also appeared at committee on March 22, said a lack of transparency from the government impedes the public’s ability to assess whether it is indeed making progress on the issue of addressing systemic racism or not.

He said he’d like to see the department publish Access to Information results pertaining to internal manuals, visa office specific training guides, and other similar documents as downloadable PDFs on its website, pointing out this is how the provincial government of B.C. releases its ATIP responses. He also said he thinks IRCC should publish “detailed explanations and reports of how its artificial intelligence triaging and new processing tools work in practice.”

“Almost everything public today [about the AI programs] has been obtained through access to information results that are heavily redacted and which I don’t believe present the whole picture,” he said.

Whether the concerns were actually reflected in the AI itself, Meurrens said, could not be known without more transparency from the department.

“In the absence of increased transparency, concerns like this are only growing,” he said.

Fraser: racism is a ‘sickness’

On Thursday, Fraser told the committee that he agrees that racism is a problem within the department, calling it a “sickness in our society.”

“There are examples of racism not just in one department but across different levels of government. It’s a sickness in our society that limits the productivity of human beings who want to fully participate in our communities. IRCC is not immune from that social phenomenon that hampers our success as a nation, and we have to do everything we can to eradicate racism, not just from our department,” he said.

Fraser said there is “zero tolerance for racism, discrimination, or harassment of any kind,” but acknowledged those problems do exist within the department.

The minister pointed towards the anti-racism task force which was created in 2020 and “guides the department’s strategy to eliminate racism and applies an anti-racism lens” to the department’s work. He also said IRCC has been “actively reviewing its human resource systems so that Indigenous, Black, racialized peoples and persons with disabilities are better represented across IRCC at every level.”

Fraser also referenced a three-year anti-racism strategy for the department, which includes plans to implement mandatory bias training, anti-racist work and training objectives, and trauma coaching sessions for Black employees and managers to recognize the impacts of racism on mental health, among other things.

“It’s not lost on me that there have been certain very serious issues that have pertained to IRCC,” he said.

These measures are different from the ones witnesses and opposition MPs are calling for, however.

NDP MP Jenny Kwan (Vancouver East, B.C.) her top priority on this topic is to convince the government to put an independent ombudsperson in place whose job it would be to assess IRCC policies and the application of said policies as they relate to differential treatment, systemic racism, and gender biases.

“Let’s dig deep. Have an officer of the House do this work completely independent from the government,” she said in an interview with The Hill Times.

At the March 22 meeting, Kwan asked all six witnesses to state for the record if they agreed that the government should put such an ombudsperson in place. All six witnesses agreed.

Kwan questioned the ability of the department to conduct its own internal reviews.

“As the minister said [at committee], he’s undertaking a variety of measures to address these issues and to see how they can rectify it. … But how deeply is it embedded? And if it’s done internally, then how independent is it?” she wondered.

Fraser said the implementation of an ombudsperson was something he would consider after reading the committee’s report.

Conservative MP Jasraj Singh Hallan (Calgary Forest Lawn, Alta.), his party’s immigration critic and the vice-chair of the committee, agreed with Meurrens’ calls for increased transparency. “We need more evidence that the government is serious about this,” he said in an interview.

Hallan also said he wants to see consequences for those within the department who participated in the racism documented by the Pollara report.

“[Fraser] should start by approaching those employees of IRCC that made these complaints from that Pollara report and find out who is making these remarks. Reprimand them, fire them if they need to be,” he said.

Source: ‘Racism plays a role in immigration decisions,’ House Immigration Committee hears

Should it stay or go? Ottawa weighs the vaccine mandate for the public service

Will be interesting to see what government decides and whether it is applied consistently across departments and organizations:

The timing and pace of return-to-office plans for Canada’s public servants will hinge on what the federal government decides to do with its vaccine mandate for employees.

The federal Office of the Chief Human Resources Officer is leading a review into the six-month-old mandate, seeking input from unions and other stakeholders, but a decision will be based on the advice of public-health officials. The results of the review will be given to Treasury Board President Mona Fortier.

While the review had to start by the six-month anniversary on April 6, it is not a deadline for a decision.

Dr. Theresa Tam, Canada’s chief public health officer, said public-health officials are at a “very important juncture” in reviewing COVID-19 policies such as mandates, which are shifting from “an emphasis on requirements to recommendations.”

But Opposition MPs repeatedly pressed Tam and Health Minister Jean-Yves Duclos at the Commons health committee this week on when mandates for travellers and public servants will be lifted. Tam said the situation is unstable because of surges caused by the latest Omicron variant. She said Canada is taking a phased approach with the lifting of mandates that must be closely watched.

“I think this is just waiting to see what happens with that situation, ensuring the provinces are still able to cope as they release measures. They are just doing that at the moment and (with) that observation, the federal government makes a decision,” Tam told the committee.

Dany Richard, co-chair of the National Joint Council, a joint union and management committee, said the review is a political “hot potato” for the government. The factors to consider are many, including the risk of lifting the mandate too soon or appearing to be capitulating to the pressure of the February convoy protests.

“They might play it by ear, extend for three months, but if they remove it, we’ll have people saying ‘Hey, I don’t feel comfortable returning to work’ knowing they’ll be working with someone who is not vaccinated,” said Richard.

Last October, the government introduced a vaccination policy requiring all public servants and RCMP employees to prove they’re fully vaccinated against COVID-19 or face unpaid leave. Today, more than 98 per cent of public servants are fully vaccinated. Vaccine mandates are also imposed on employees of federally regulated industries.

Benjamin Piper, an employment lawyer at Goldblatt Partners, said keeping the mandate has become more difficult as provinces drop COVID-19 restrictions with recent declines in serious illness and death.

“There’s no doubt that the law would say that at some point, if the situation has improved sufficiently, this will no longer be justifiable. The question is when you reach that point,” Piper said.

Health officials say the two-dose vaccine mandates that initially proved effective in increasing vaccine uptake and limiting spread aren’t offering much protection in reducing transmission of Omicron.

“We know is that, with the Omicron variant, having two doses – the protection against infection and further transmission goes really low,” Tam said during a recent news conference. “You really need a third dose to provide augmentation against transmission. All that should be taken into account as the federal government looks at the policies going forward.”

But Tam suggested expanding the mandates to three doses isn’t in the cards now. It would difficult because eligibility for a booster varies by age. Also, people who have Omicron infection are asked to wait up to three months before getting the third dose.

The mandate review also comes as the more contagious COVID Omicron variant called BA.2 is on the rise and expected to create another surge in cases. The BA.2 sub-variant is on its way to becoming dominant in Ontario and across Canada. Although more transmissible than the original Omicron, it does not appear to be as severe.

All these factors are converging as the government tries to ease the workforce it sent home to work during the pandemic back to the workplace after two years.

The government is moving to a hybrid workforce, a mix of working at home and remotely. Departments are returning at their own pace and the progress is slow. Many don’t expect a major return until the fall but a new variant could change all that.

Many argue scrapping the vaccine mandate could derail imminent return-to-office plans. Many public servants want to continue working from home. Employees could resist returning to the workplace without a vaccination policy or assurance the employee next them is vaccinated.

Richard said unions would press for workers to work from home if safety fears rise. They are particularly concerned about departments that issued blanket orders for all employees to return to the office two or three days a week.

It is an open question whether the government can justify imposing the mandate and proof of vaccination on remote workers who don’t come to the office. Since the pandemic started, the government has hired hundreds of remote workers who don’t have an office to go to.

Meredith Thatcher, co-founder and workplace strategist at Agile Work Evolutions, argues keeping the mandate for now, along with social distancing and other precautions will help get people back to the office sooner.

“I think having a mandate in place will make people feel more comfortable. If I am told I have to return to the office three days a week and there’s no vaccine mandate, I may say, ‘I’m sorry; I have an immunocompromised person in my house. I’m not coming.’”

Lifting the mandate could also fuel a wave of internal churn as employees pick up and move to departments that will allow them to work remotely.

“I’m telling you there’s going to be a kind of Darwinian natural selection. My members have mobility. They can go work where they want and if telework is a big deal for them, they’ll go and work somewhere else,” said Richard.

Whether the mandate stays or goes, unions argue it’s time to stop punishing the unvaccinated and let them go back to work.

Greg Phillips, president of the Canadian Association of Professional Employees (CAPE), argued the 702 unvaccinated employees should be provided with accommodations such as remote work or daily testing and personal protective equipment if they have to go to the workplace.

“We feel that those that remain unvaccinated should be allowed to start working again and start earning a living again, and that if people are going into the office, they should probably be vaccinated,” Phillips said.

Phillips said the mandate was introduced as a temporary measure and the 98-per-cent vaccination rate shows it was a success. If extended, CAPE wants a plan that explains the rationale and outlines milestones.

“We want to know the game plan for when they see an end to the policy,” said Phillips. “Every sporting event has a time limit or a score limit. You always know when the game is going to be over.”

Source: Should it stay or go? Ottawa weighs the vaccine mandate for the public service

Immigration Experts Contrast US Support for Ukrainian, Afghan Refugees – Voice of America

As elsewhere:

More than 3.7 million people have fled Ukraine in the month since Russia’s invasion began. United Nations officials said this kind of exodus has not been seen since World War II. And just as uncommon, some immigration attorneys say, is the quick response from countries welcoming refugees.

Ukrainian refugees are crossing mainly into Poland, Slovakia, Hungary, Romania and Moldova. Currently, Poland has taken the majority of refugees. Ukrainians also are trying to reunite with family members in the United States and have even arrived at the U.S.-Mexico border

Given the growing pressure on the Biden administration to find direct paths for displaced Ukrainians to come to the United States, the White House announced Thursday it would welcome as many as 100,000 Ukrainians and others fleeing the eastern European nation.

But is the U.S. accepting Ukrainian refugees differently from Afghan refugees, who similarly fled war in large numbers?

“Absolutely,” said Ally Bolour, an immigration lawyer in California, adding, “I really need to preface by saying that it’s amazing that the U.S. is going to let in supposedly 100,000 Ukrainian refugees.”

But, Bolour said, there is a disparity between the ways the U.S. has welcomed Afghans and Ukrainians, starting with the Temporary Protected Status (TPS) designation. That program provides legal status in the United States and protection from deportation for up to 18 months. It also provides work permits for people to work legally in the country.

For Ukraine, Department of Homeland Security Secretary Alejandro Mayorkas announced its TPS designation a month after Russia’s invasion.

For Afghanistan, the administration didn’t grant TPS for Afghan refugees living in the United States until about seven months after the U.S. left Afghanistan.

“I’m not criticizing the announcement that Ukrainians are getting in,” Bolour said. “It’s to show the comparison and contrast. It’s just to show that there’s a disparity.”

Humanitarian parole

Stephen Yale-Loehr, an immigration law professor at Cornell University, agreed that the U.S. was quick to announce TPS for Ukrainian refugees but noted that both Ukrainians and Afghans have to go through the normal immigration system.

“And we don’t have a good system for allowing people to come to the United States quickly,” Yale-Loehr said.

Yale-Loehr said that for Afghan refugees, the humanitarian parole process has been overwhelmed by more than 40,000 applicants, many of whom have been waiting for six months for a decision on their cases.

“I don’t see how the administration is going to be able to speed up processing with the expected flood of humanitarian parole applications from Ukrainians. And if the administration does speed it up for Ukrainians, I think there will be legitimate complaints about why they were able to do it for Ukrainians so much more quickly than for Afghans and people from other countries,” Yale-Loehr said.

Humanitarian parole is special permission given to those hoping to enter the United States under emergency circumstances. While it does not automatically lead to permanent residency, parolees can apply for legal status — either through the asylum process or other forms of sponsorship, if available — once they’re in the U.S.

Refugee resettlement is a complex bureaucratic process with strict vetting to determine whom to accept for resettlement.

But with the White House promise to welcome 100,000 Ukrainians and others fleeing the Russian invasion, some experts doubt the administration’s ability to process refugees faster than its current pace.

Yale-Loehr said he does not believe the administration will be able to admit anywhere near 100,000 people in the next six months.

“I think it will take a lot longer than people think to get those people here,” he added.

The process, for both Ukrainians and Afghans, begins at the United Nations, when a person is officially designated a refugee.

Once applicants pass the initial U.N. screening, they are referred to the United States. At this point, the refugees have to pass interviews, medical exams and background checks. Getting the green light to travel to the U.S. can take two to five years.

The number of refugees allowed under the U.S. Refugee Admissions Program was dramatically cut under the Trump administration, leaving fewer resources within the government and resettlement agencies to handle the significant increase of refugee applications and arrivals.

“The refugee resettlement agencies were devastated by the cuts that the Trump administration made. So, they’re not geared up again to be able to handle large flows of refugees yet. And it often takes a year or more for background checks for normal refugee processing. I don’t know how they’re going to speed that up,” Yale-Loehr said.

This fiscal year’s cap for refugee acceptance is 125,000 but only 6,494 refugees were admitted in the first five months mostly because refugee resettlement agencies are straining to support 76,000 Afghan evacuees, who are not counted toward the refugee cap.

Title 42 exemptions

Some Ukrainians have traveled to Mexico to arrive at the U.S.-Mexico border where they hope to receive asylum in the United States.

Under current U.S. immigration law, officials at the border are expected to screen those who say they are afraid to go back to their home country because of persecution or ongoing conflict or a significant chance they might be tortured or killed.

But reaching the border does not guarantee immediate access into the U.S. because of the Title 42 guideline, which is a pandemic-related policy that mandates the rapid expulsion of migrants as a public health precaution. However, the Biden administration has agreed to allow U.S. immigration officials to use discretion toward Ukrainians at the border and decide on a case-by-case basis

“They just made an exception for Ukrainians as part of our foreign policy. I don’t think there’s anything in the legal framework that necessarily would have exempted Ukrainians from Title 42. So, I think they just made a foreign policy decision that they were about to let Ukrainians cross but not Russians or Afghans or people from other countries,” Yale-Loehr said.

As reported by the San Diego Tribune, Ukrainians have walked to the San Ysidro Port of Entry to request asylum and were allowed entry into the country.

Support from the American public for Ukrainian refugees and Afghan refugees also differs.

In March, a YouGov poll of 1,500 Americans showed that 54% of respondents are in favor of admitting Ukrainian refugees and 25% opposed.

For Afghan refugees, about 42% support welcoming Afghans.

Another poll, from Pew Research Center, showed that Democrats are more supportive of admitting Ukrainian refugees to the U.S. than are Republicans: 80% of Democrats said they supported admitting Ukrainian refugees, while for Republicans, the number was 57%.

A State Department spokesperson told VOA via email the U.S. commitment to Afghan refugees will not “wane as we open our doors to Ukrainians.”

“We are proud to have welcomed more than 75,000 Afghans in the United States since Kabul fell in August 2021. We continue to welcome Afghans through Operation Allies Welcome, including more than 600 who arrived within the past two or so weeks. Our commitment to resettling Afghans – particularly those who served on behalf of the U.S. effort in Afghanistan – remains steadfast,” a State Department spokesperson said.

Source: Immigration Experts Contrast US Support for Ukrainian, Afghan Refugees – Voice of America

Bulgaria ends controversial ‘golden passports’ scheme

EU Parliament having an impact:

Bulgaria has abolished its controversial “golden passports” scheme offering citizenship of the EU member state in return for substantial investment, which had been criticised by Brussels.

The scheme made it possible for foreigners to acquire residency when they invested a minimum of 500,000 euros ($550,000) in Bulgaria, and citizenship when they invested one million euros ($1.1m).

The beneficiaries were primarily from Russia, China and the Middle East.

Bulgaria’s new government, which has made fighting corruption a key priority, had already urged parliament to discontinue the granting of such passports in January.

The decision by Bulgarian MPS on Thursday comes after the awarding of “golden passports” was again condemned by the European Parliament in the light of Western sanctions targetting Russian oligarchs over Moscow’s invasion of Ukraine.

Earlier this month, MEPs repeated their call on Bulgaria, Malta and Cyprus to scrap both “golden passports” and “golden visas”.

The European Commission has repeatedly called for the abolition of such schemes because they create an incentive for corruption and money laundering.

Full review

As part of the decision, MPs also authorised a full review of all passports granted since the scheme was launched in 2013.

According to the justice ministry, about 100 such passports have been awarded to date.

The previous interim administration had last year flagged concerns about possible irregularities in 47 cases.

Despite the decision, there will still be the option of acquiring a residence permit under the scheme.

Malta has also said it would suspend granting “golden passports” to Russians and Belarusians until further notice following the invasion of Ukraine.

According to the European Parliament, at least 130,000 people obtained a “golden passport” or a “golden visa” in the bloc between 2011 and 2019, generating 21.8 billion euros ($23.9bn) for the countries concerned.

Source: Bulgaria ends controversial ‘golden passports’ scheme

International efforts to combat Islamophobia require more than lip service

Like so many UN resolutions…

Greater failure is with respect to lack of meaningful action on China and its oppression of the Uyghurs:

Earlier this month, the United Nations General Assembly adopted a resolution designating March 15 as the International Day to Combat Islamophobia. 

Lauded by some, criticized by others, it remains to be seen whether such a move will actually have an impact on the millions of people worldwide who face state-sanctioned discrimination, oppression, and genocide. 

“Today UN has finally recognized the grave challenge confronting the world: of Islamophobia, respect for religious symbols & practices & of curtailing systematic hate speech & discrimination against Muslims. Next challenge is to ensure implementation of this landmark resolution,” tweeted Imran Khan, Pakistan’s prime minister.

The resolution calls on the international community — governments, civil society, the private sector and faith-based-organizations — “to organize and support various high-visibility events aimed at effectively increasing awareness of all levels about curbing Islamophobia.”

The date of the annual commemoration holds significance as the tragic anniversary of the rampage on two mosques in Christchurch, N.Z. in 2019. The perpetrator was a far-right terrorist and white supremacist who livestreamed the first of his two mass shootings on Facebook. He killed a total of 51 worshippers.

The brutality of those attacks was a clear example of the devastating consequences of Islamophobia, a phenomenon that has reached “epidemic proportions,” according to a 2021 report by the UN Special Rapporteur on freedom of religion or belief

“Following the terrorist attacks of 11 September 2001 and other horrific acts of terrorism purportedly carried out in the name of Islam, institutional suspicion of Muslims and those perceived to be Muslim has escalated to epidemic proportions,” reads the report’s introduction. “Numerous States — along with regional and international bodies — have responded to security threats by adopting measures that disproportionately target Muslims and define Muslims as both high-risk and at risk of radicalization.”

Irrational fear of Muslims writ large has been used as an excuse to clamp down on civil liberties around the world, provide unequal treatment to Muslim migrants and refugees, as well as utilized as a pretext to implement genocidal policies in various places including in China and in Myanmar. In India, home to the second largest population of Muslims in the world, the situation has become dire.

In a recent TIME magazine article titled “Is India headed for an anti-Muslim genocide?” Debasish Roy Chowdhury, co-author of “To Kill A Democracy: India’s Passage to Despotism,” provided a bleak assessment.

“Indian social media today is filled with videos of self-appointed protectors of Hinduism calling for the lynching of Muslims — an act so common that it hardly makes news anymore. High-profile Hindu supremacists are seldom booked for hate speech. Muslims routinely face random attacks for such ‘crimes’ as transporting cattle or being in the company of Hindu women. Sometimes, the provocation is simply that somebody is visibly Muslim. As [President Narendra] Modi himself has told election rallies, people ‘creating violence’ can be ‘identified by their clothes.’”

In February, schools in a state controlled by the Bharatiya Janata Party (BJP), banned female students from wearing hijabs. This followed the passage of what Human Rights Watch described as “a slew of laws and policies that systematically discriminate against religious minorities.” Protesters have been killed. 

Not surprising then that the Indian government opposed the UN resolution on Islamophobia. France, also accused of violating the human rights of its Muslim population, similarly pushed back.

“Time and again we have seen the French authorities use the vague and ill-defined concept of ‘radicalization’ or ‘radical Islam’ to justify the imposition of measures without valid grounds, which risks leading to discrimination in its application against Muslims and other minority groups,” said a spokesperson with Amnesty International last March. 

If an international day to combat Islamophobia is to have any meaning, it will require governments around the world to hold each other accountable.

Source: International efforts to combat Islamophobia require more than lip service

From adaptability to vulnerability: Changes in admission criteria and refugee participation in social assistance

The Toronto Sun headline, as typical, spins the study with the header Canada’s immigration laws deter economic independence among some refugees whereas the article is more nuanced in how it characterizes the change, a valid change to address humanitarian objectives. And as the study notes, the gap decreases over time:

The 2002 Immigration and Refugee Protection Act (IRPA) replaced the Immigration Act, 1976 as the primary legislation guiding immigration in Canada. It marked a major policy shift—from an emphasis on adaptability to vulnerability—in the admission of resettled refugees. Prior to the IRPA, those awarded refugee status had to demonstrate their capacity for economic independence in Canada. This would normally be within a year after arrival and would consider age, educational attainment, skills, presence of family members and other factors. The IRPA significantly altered Canada’s refugee priorities by committing to admission on humanitarian grounds and prioritizing those in need of protection (Immigration, Refugees and Citizenship Canada, 2016; Lu et al., 2020).

Changes in selection policy had a particular impact on the characteristics of government-assisted refugees (GARs). For example, prior to the IRPA (1997 to 2001), 53% of newly admitted GARs had less than a high school education. However, this percentage increased to 74% among GARs who arrived after the IRPA (2005 to 2009). The share of lone-parent GARs also increased from 6% in the pre-IRPA cohort to 12% in the post-IRPA cohort. Because of these changes, refugees admitted after the IRPA may be more prone to relying on social assistance than those who arrived before the IRPA. This is less likely for privately sponsored refugees (PSRs) who are more likely to have family or friends in Canada and are better positioned to find employment through their sponsors or familial networks.

A recent article published in International Migration compared the long-term use of social assistance among resettled refugees arriving under pre-IRPA guidelines (1997 to 2001), during the transition period (2002 to 2004), and after the IRPA (2005 to 2009). Authors Lisa Kaida (McMaster University), Max Stick (McMaster University and Statistics Canada) and Feng Hou (Statistics Canada) used the Longitudinal Immigration Database to determine whether resettled refugees arriving after the introduction of the IRPA were more likely to rely on social assistance than earlier cohorts. The analysis examined GARs aged 20 to 54 at landing. The social assistance rates among PSRs were also calculated for comparative purposes.

Chart 1 displays the social assistance rates of resettled refugees (GARs and PSRs) admitted during the three periods. The social assistance rate is defined as the percentage of refugees whose family received social assistance income in a specific tax year. The results show that two years after landing, transition-period (71%) and post-IRPA (72%) GARs received social assistance at higher rates than pre-IRPA (66%) GARs. In contrast to GARs, pre-IRPA PSRs had higher social assistance rates (33%) than transition-period (30%) and post-IRPA (28%) PSRs in year 2.

While the social assistance rates of GARs dropped each year after landing, the rates for transition-period and post-IRPA GARs declined more slowly than those for the pre-IRPA cohort. The gap in social assistance rates between pre-IRPA and transition-period GARs continued to widen until year 8 (14 percentage points). The gap between the pre- and post-IRPA cohorts peaked in year 5 (16 percentage points).

After year 8 (for the transition-period cohort) and after year 5 (for the post-IRPA cohort), the gap in social assistance rates narrowed between these cohorts and the pre-IRPA cohort. By year 10, the difference in social assistance rates between the pre-IRPA cohort and the other two cohorts fell below 10 percentage points. Labour market characteristics of transition-period and post-IRPA GARs, especially their lower employment rates compared with pre-IRPA GARs, largely explained the differences in social assistance rates.

Social assistance rates of PSR cohorts slowly declined up to years 5 and 6, and then hovered at around 20% to 25% until year 10. The difference in social assistance rates between pre-IRPA, and transition-period and post-IRPA PSRs remained small from years 3 to 10.

The findings suggest that GARs arriving after the introduction of the IRPA took longer to integrate into the Canadian labour market and become economically independent than those arriving prior to the IRPA. However, transition-period and post-IRPA GARs started to close the gap with their pre-IRPA counterparts five to eight years after arrival. By the 10th year, their rates of social assistance decreased to 35%.

Source: From adaptability to vulnerability: Changes in admission criteria and refugee participation in social assistance

McWhorter: Vocabulary imposed from on high sometimes just can’t catch on

Before the Canadian government considers embracing the US term BIPOC in its review of the Employment Equity Act, a useful reminder that it is no better than visible minorities in terms of how people see themselves, beyond academics and activists:

“BIPOC” has been with us for a few years now, and a certain verdict would appear to be in. Beyond academic and activist circles and some corners of social media, the acronym, which stands for “Black, Indigenous and people of color,” seems to strike most as rather peculiar. Clumsy, even. The Black academic and San Francisco Examiner columnist Teresa Moore wrote that the term “means well, but I want it to go away,” calling it “a solution to a problem that hadn’t needed solving,” a “‘New Coke’ of a word.”

I agree. Yet this does not mean that the term is, in itself, a mistake or a failure.

To be sure, the term has major problems, despite the good intentions of those who have broadcast and embraced it. The “POC” part is a frustratingly broad category, implying that Latinos and Asians (umbrella terms that are, perhaps, also too broad) constitute a coherent set — not to mention one that is somehow separate from Black and Indigenous people denoted by the “BI.” And “BI” is confusing, in that the term sounds at first as if it refers to bisexual people. Then, even when we are clear that it doesn’t, “BI” still sounds like a prefix of some kind, leading one to wonder just what a “POC” is. When spoken, “BIPOC” sounds like pocks who are bi in some way. And in English at least, “pock” doesn’t sound much like a person. Or, to my ear, if it did refer to a person, it would be in derision: “You pock!”

Although this isn’t how the term actually emerged, “BIPOC” sounds like one in a bunch of names thrown out amid a brainstorming session but never taken seriously, passed over in favor of something better that came up later. And that’s just it: “BIPOC” emerged — or, at least, broadly gained traction — not via a gradual consensus but via abrupt imposition amid the racial reckoning that began two springs ago, when many Americans were determined to renew our commitment to approaching race and racism in constructive ways.

Now, this kind of imposition does not automatically prevent a term from catching on. The problematizing of the term “master bedroom,” out of a sense that we should retire “master” as a relic of plantation slavery, arose from the same impulse as the usage of “BIPOC” and seems to be a success: “Master bedroom” is becoming non grata among some adjuncts of the real estate industry. Issues relating specifically to Black people seem particularly likely to dig a term in, as we also saw with how quickly “African American” caught on around three decades ago.

However, we are not merely passive supplicants at the mercy of prelates imposing lexical fiats from on high. Not everything settles in. For example, we are seeing that proposals for group names are less likely to be embraced when imposed from outside the group itself. When the Rev. Jesse Jackson called for the use of “African American,” his status and authority in Black America were roughly equal to Oprah Winfrey’s today. “African American” would have been much less likely to get around if it had been proposed by academics or lesser-known activists.

That kind of imposition from the outside has meant that “Latinx,” a gender-neutral alternative to “Latino” and “Latina,” is hardly used by the people it purports to refer to. In 2020, Pew Research found that only 3 percent of Latinos use the term. “BIPOC” isn’t doing much better. Too often, we take terminology proposals from academics and journalists as if we will henceforth be penalized — even if only socially — for going against their prescriptions. But their suggestions do not automatically affect language as it is used by ordinary people making themselves understood casually and comfortably.

It can seem that way because academics and journalists do a disproportionate amount of public writing and talking. For example, I suspect that normal people will continue saying “master bedroom”; I certainly will. Thus, there is no need to bristle at the proliferation of “BIPOC” as some kind of glowering fiat. Very few BIPOCs use it, and as Amy Harmon reported last year for The Times, in one national poll, “more than twice as many white Democrats said they felt ‘very favorably’ toward ‘BIPOC’ as Americans who identify as any of the nonwhite racial categories it encompasses.” And that is unlikely to change.

Again, this doesn’t mean “BIPOC” is a failed term. It has simply become part of a burgeoning register of English favored primarily by certain professors and political activists. This is no more a problem than another register, the academese favored by many scholars of literature and the social sciences. People of this realm have a way of writing and even speaking to one another on academic subjects that seems almost exotic to the outsider. For example, the renowned critical theorist and University of California, Berkeley, professor Judith Butler was granted first place in the journal Philosophy and Literature’s tongue-in-cheek bad-writing contest in 1998 for her prose in a 1997 essay, “Further Reflections on Conversations of Our Time,” that included this passage:

“The move from a structuralist account in which capital is understood to structure social relations in relatively homologous ways to a view of hegemony in which power relations are subject to repetition, convergence and rearticulation brought the question of temporality into the thinking of structure, and marked a shift from a form of Althusserian theory that takes structural totalities as theoretical objects to one in which the insights into the contingent possibility of structure inaugurate a renewed conception of hegemony as bound up with the contingent sites and strategies of the rearticulation of power.”

I find it a little facile to dismiss this genre, even in jest, as simply bad writing. Its practitioners intend it as studiously objective and precise. And the main thing, despite how unaesthetic this writing may be, is that it has no effect on how most of us communicate. It’s an in-group practice that people look upon from the outside with a certain bemusement. It is a jargon.

People who refer to hegemony and structural totalities have a jargon. These days, there is what we could call, yes, a woke jargon. That is where “Latinx” and “BIPOC” live. These terms are not mistakes or misfires in not being taken up by most of the people they refer to, then. Who, after all, has an issue with there being jargons?

As Sandra Garcia reported for The Times in 2020, Sylvia Obell, a host of the podcast “Okay, Now Listen,” said, “We are asking for a lot of things, and being called BIPOC is not one of them.” She added, “Stop making decisions for us without us.” She need not worry: The decision cannot be, and will not be, forced on her or anyone else. People will be referred to as BIPOC among a certain contingent who, like all contingents, have ways of speaking that signal membership in their group and dedication to the group’s fundamental commitments.

There isn’t a thing wrong with that, but the rest of us can — and will — happily continue speaking and writing of Black people, Latino or Hispanic people, Native American or Indigenous people, people of South Asian or East Asian descent and all the other kinds of people, including, if we please, people of color.

Source: Vocabulary imposed from on high sometimes just can’t catch on

Streamlined immigration program for Ukrainians creates a ‘two-tiered,’ ‘racialized’ system, opposition says

Interesting that a Conservative MP, Brad Redekopp, raised the issue, given the party’s close connection to Ukrainian Canadians and that 14 percent of his riding, Saskatoon West, is of Ukrainian ancestry:

Opposition parties says the Liberal government’s streamlined immigration program for Ukrainians creates a two-tiered, racialized system that prioritizes Ukrainian immigrants over refugees from other conflict zones, including Afghanistan.

Immigration Minister Sean Fraser appeared before the House of Commons immigration committee Thursday, where he faced questions about the differences between the government’s new special program and its dedicated refugee resettlement initiatives. During the meeting, Conservative committee member Brad Redekopp accused the government of prioritizing Ukrainian immigrants over Afghan refugees.

“Under your watch, it seems like you’ve set up a racialized system, a two-tiered system, where white Europeans come in faster than people from Afghanistan. How do you explain that?” Mr. Redekopp asked the minister.

Mr. Fraser rejected Mr. Redekopp’s claim, saying the situation in Ukraine demands a different response. He noted that Ukrainians can find their way to other Western countries for Canadian processing and biometrics screening more easily than Afghans.

“It has more to do with their ability to leave Ukraine, compared to … those who don’t have that ability to leave Afghanistan, than it does a decision by the federal government to be more kind to one group of people than another,” Mr. Fraser said.

He added that the government opted to offer streamlined immigration measures to Ukrainians, rather than a dedicated refugee program, because European counterparts and the Ukrainian Canadian community have indicated that most Ukrainians who come to Canada will want to eventually return home. This is not the case with people coming from Afghanistan, he said, hence the need for a refugee program.

“With respect to Afghanistan, I wish the circumstances were the same. I don’t have the same hope that it will be safe for the people that we are welcoming permanently as refugees to return home one day, despite their potential desire to do so, and that’s allowed us to create difference responses for the unique circumstances.”

Jenny Kwan, NDP immigration critic, also said the government has made it easier for Ukrainians compared with refugees from other countries. She noted what witnesses have told the committee regarding the discrepancy.

“They all said that they support the special measures for Ukraine, but what they’re concerned about is that it’s not being applied elsewhere. All the witnesses agree that government should extend those special immigration measures to other regions also experiencing conflict, such as Afghanistan, Yemen, Hong Kong, et cetera,” Ms. Kwan said during the committee meeting.

Mr. Fraser said he wants to see the impact of the special measures for Ukrainians first before considering any similar streamlined programs.

Last year, the government committed to resettling 40,000 refugees from Afghanistan, and so far more than 9,500 have arrived in Canada since August. Much like the Liberal government’s Syrian refugee resettlement program, Afghan refugees have access to federal services and the Resettlement Assistance Program.

More than 10,000 Ukrainians have arrived in Canada since Jan. 1. Most travelled to Canada under their own devices before the government announced the special immigration measures last week, Mr. Fraser said.

The Canada-Ukraine Authorization for Emergency Travel eliminates most of the normal visa requirements and allows Ukrainians to stay in Canada for up to three years if they pass a background check and security screening. The measures are offered through the immigration stream; as a result, Ukrainians are not considered refugees and will not have access to the same support.

The Ukrainian Canadian Congress recently called on the federal government to implement departure and arrival plans to assist Ukrainians with travel to Canada, provide financial support for a transitional period and encourage provincial governments to recruit and sponsor displaced people. The UCC is also urging the government to provide funding for settlement agencies, which could help Ukrainians co-ordinate transport, housing and health care and assist with work permit applications.

The government is in the process of setting up a family reunification program that would allow relatives in Canada to sponsor family members from Ukraine to move here permanently. Details are expected in the coming weeks.

Source: Streamlined immigration program for Ukrainians creates a ‘two-tiered,’ ‘racialized’ system, opposition says

Biden administration announces asylum system overhaul: What you need to know

Useful overview:

The Biden administration announced the final version of its long-awaited U.S. asylum overhaul Thursday, aiming to speed up processing at the border and alleviate backlogs throughout the country’s immigration courts.

Fixing asylum, a process that can drag out for years, was one of President Biden’s campaign promises. The overhaul represents the most significant change to the nation’s immigration system since he took office.

The new policy is scheduled to take effect May 28, two months after it’s published in the Federal Register. The change won’t affect most asylum seekers as long as a pandemic-related rule limiting access at the border remains in force. But the new system will probably be in place once that rule is lifted and the uptick in asylum requests begins.

“The current system for handling asylum claims at our borders has long needed repair,” Department of Homeland Security Secretary Alejandro N. Mayorkas said in a news release. “Through this rule, we are building a more functional and sensible asylum system to ensure that individuals who are eligible will receive protection more swiftly, while those who are not eligible will be rapidly removed.”

Asylum seekers will now have their claims heard by an asylum officer with U.S. Citizenship and Immigration Services within several months, if the plan works as intended, instead of waiting years for a final determination from an immigration judge.

The Homeland Security and Justice departments released a draft proposal in August. After reading through 5,000 public comments about the draft, officials on a call with reporters Wednesday said they made some changes but maintained the overall framework of the proposal. The officials — from U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, which oversees immigration courts — spoke to reporters on condition that they not be named.

Under the rule, anyone denied protection by an asylum officer could request a reconsideration from Citizenship and Immigration Services within seven days. If turned down, the person could ask that an immigration judge review their application and later bring their case to the Board of Immigration Appeals and federal circuit courts. After all bids are exhausted, or if none are pursued, the person would be subject to deportation. The rule does not apply to unaccompanied children who arrive without a parent

Supporters say the policy improves what has long been considered a scary process for traumatized migrants. Instead of having to initially recount their worst experiences in an adversarial court setting as they defend themselves against deportation, migrants will now be able to make their case in an asylum office.

But many advocates worry the changes weaken constitutional due process rights for asylum seekers by essentially expanding the so-called expedited removal process, a mechanism used to quickly turn back immigrants apprehended at the border.

Richard Caldarone, who manages litigation at the Tahirih Justice Center, a national nonprofit serving immigrants who fled gender-based violence, said the new process serves no significant humanitarian purpose because it doesn’t give trauma survivors enough time to find a lawyer, gather evidence and recover.

“Survivors of trauma will not be able to recite what happened to them 72 hours after arriving in a safe place to a government official,” he said. “Given the emphasis that DHS has placed on speed for asylum seekers, this will be like the former process — designed in a way that will systematically fail to elicit people’s best asylum claims.”

A better system, Caldarone said, would give people a year before their asylum hearing to prepare and then quickly provide a decision as to whether they could stay or be deported. That would allow people to heal from trauma and lead to fewer appeals, he argued.

The backlog of pending immigration court cases has exploded in recent months, reaching nearly 1.6 million by December, according to the Transactional Records Access Clearinghouse, a nonpartisan data research center at Syracuse University. It has tripled since 2016.

Under the new system, asylum officers will grant decisions within roughly 90 days. Immigration court appeals will generally take another 90 days, officials said.

During his first year in office, Biden took roughly 300 executive actions on immigration, nearly a third of them to reverse course on Trump-era policies, according to an analysis by the Migration Policy Institute, a Washington-based think tank.

One area he did not change: For the last two years, the border has been closed to the vast majority of asylum seekers under a restrictive pandemic-era policy initiated by former President Trump. The policy, known as Title 42, invokes a 1944 public health statute to quickly expel migrants who attempt to enter the U.S. in order to curb the spread of the coronavirus.

Among more than 1.7 million people detained by U.S. Customs and Border Protection at the southwest border during fiscal year 2021, 61% were expelled under Title 42, according to agency data.

Experts say those rapid removals under Title 42 resulted in an increase in unauthorized crossings into the U.S. by people who would have otherwise requested asylum at an official port of entry. The rapid removals back to Mexico also led to repeated border crossing attempts by migrants — inflating the number of Customs and Border Protection apprehensions.

Earlier this month, the U.S. Centers for Disease Control and Prevention formally ended that policy for children traveling without a parent, saying their expulsion “is not warranted to protect the public health.” Immigrant advocates and Democratic congressional leaders have argued that the policy is illegal and have ramped up calls in recent weeks to also end its application to adults traveling alone and parents traveling with their children.

But asylum seekers will see no substantial changes, even once the updates are in place, until the CDC decides to end Title 42 entirely. In recent weeks, as the response to the pandemic has changed within the U.S., federal officials have begun planningfor the possible end of the policy.

The asylum overhaul will be implemented in phases, though officials said they have yet to decide where to roll out the initial program and whether to target any specific population, such as single adults or families.

On a call with reporters last week, Mayorkas said the phased implementation of the new asylum system is designed to avoid straining Citizenship and Immigration Services. The agency has teetered on bankruptcy, he added, and was “virtually dismantled” under the Trump administration, whose immigration approach deterred many immigrants from filing applications before the pandemic further reduced the agency’s caseload.

“We have to be mindful of the resource constraints of the asylum division in U.S. Citizenship and Immigration Services as we rebuild that agency,” he said, noting that the agency is almost entirely funded by application fees.

Under the proposed rule, the agency estimated it would need to hire 800 new employees and spend $180 million to be able to handle 75,000 cases annually.

Before the pandemic, migrants encountered near the border were screened by agency asylum officers for fear of persecution. Those who passed the initial screening would have their cases moved to the immigration courts, where a judge would decide whether they qualified for asylum or another form of protection and could stay in the U.S.

Meanwhile, they were detained or released pending a final court hearing. Immigrants facing deportation don’t have the same right to a publicly funded attorney as people in criminal proceedings, and most represent themselves.

To qualify for asylum, immigrants must prove a fear of persecution in their home country based on one of five protected categories: political opinion, race, religion, nationality, or membership in a particular social group.

Officials hope the new asylum policy will curb unauthorized migration.

“The ability to stay in the United States for years waiting for an initial decision may motivate unauthorized border crossings by individuals who otherwise would not have sought to enter the United States and who lack a meritorious protection claim,” the rule states.

The goal is also to reduce the stress for those who ultimately receive asylum or other immigration protections, according to the rule, as currently, “they are left in limbo as to whether they might still be removed, are unable to lawfully work until their asylum application has been granted or has remained pending for several months, and are unable to petition for qualified family members, some of whom may still be at risk of harm.”

Source: Biden administration announces asylum system overhaul: What you need to know

Organization of Islamic Cooperation Accused of Ignoring Uyghur Muslims in China

Indeed. Much easier to other countries than China despite the ongoing oppression and indeed genocide of Uyghur Muslims:

A U.S. declaration that China has committed genocide and crimes against humanity against its mainly Muslim minority in western Xinjiang province appears to have had little impact on the 57-nation Organization of Islamic Cooperation, which this week honored Chinese Foreign Minister Wang Yi at a high-level forum.

Invited by host Pakistan, Wang attended the 48th session of the OIC Council of Foreign Ministers in Islamabad as a special guest and spoke at the summit opening. He followed up Thursday with a surprise visit to Afghanistan, whose Taliban-led interim government is eager for Chinese investment and support.

The confluence of events was distressing to the Campaign for Uyghurs, a Washington-based rights group, which condemned both Wang’s attendance at the summit and OIC’s silence on China’s treatment of its Uyghur minority, including mass incarceration in so-called reeducation camps.

“It was appalling to see that Pakistan invited Wang Yi as a ‘guest of honor,’ while Uyghur Muslims do not have the right to identify as Muslims or practice Islam,” Campaign for Uyghurs said on its website.

According to Hasan Askari, an international affairs analyst, Pakistan’s invitation to the Chinese foreign minister at the OIC summit as an observer is part of an OIC tradition that allows the host country to invite high level diplomats from non-member OIC countries.

The U.S. accused China of genocide and crimes against humanity in the Muslim majority Xinjiang region in western China, including forced labor, sterilization of Muslim women and arbitrary detention of more than 1 million Uyghur Muslims in internment camps.

Beijing denies the allegations and says people of all ethnic groups live happily in Xinjiang.

The OIC summit addressed the plight of Rohingya Muslims as well as Muslims in Afghanistan, the Palestinian territories, Jammu and Kashmir and elsewhere, but mostly ignored the Uyghur genocide in China, the Campaign for Uyghurs said.

Only Turkish Foreign Minister Mevlut Cavusoglu brought it up.

“In China, Uyghurs and other Muslims have difficulties protecting their religious rights and cultural identity,” Cavusoglu said at the OIC meeting. “Is it right to ignore the situation of the Uyghurs?”

Turkish politicians are usually the most outspoken defenders of Uyghur rights among Muslim politicians, said Robert Bianchi, professor of international law at the University of Chicago, because of their ethnic and cultural ties throughout Central Asia.

Turkish President Recep Tayyip Erdogan’s party “is particularly sensitive to demands from right-wing nationalists who are junior partners in his governing coalition,” Bianchi said. “He can’t survive without their support, so he often agrees to accept more Uyghur refugees and to speak out against Chinese repression.”

At the summit, Wang said that his country pledged to provide 300 million COVID-19 vaccine doses to Islamic countries.

According to Abdulhakim Idris, executive director of the Washington-based Center for Uyghur Studies, many Muslim-majority countries receive billions of dollars from China in the name of financial investment.

“By receiving billions of dollars from China, these countries are not only forced to remain quiet on the genocidal atrocities against Uyghur Muslims in East Turkistan but also commanded from Beijing to do whatever the PRC wants,” Idris told VOA, calling Xinjiang by the Uyghurs’ preferred name of East Turkistan.

Source: Organization of Islamic Cooperation Accused of Ignoring Uyghur Muslims in China