Women From China, Taiwan Pay $30,000 To Give Birth In Bay Area, Get U.S. Citizenship For Child « CBS San Francisco

No hard numbers (“growing numbers,” “dozens of agencies”) but interesting. Certainly parents are thinking ahead; whether the children eventually move to the US when the grow up will depend on the relative opportunities between China, Taiwan and the US:

Women From China, Taiwan Pay $30,000 To Give Birth In Bay Area, Get U.S. Citizenship For Child « CBS San Francisco.

Selling the Citizenship Act Revisions

Less print reporting than I would have expected (or at least what came up on my regular media search) on the Minister’s outreach this past week in Winnipeg, Vancouver and Halifax, selling the proposed changes to the Citizenship Act.

From Vancouver with the Chinese Canadian community:

“The government is trying to control too much,” said Vancouver-based Chinese Canadian news commentator Victor Ho, who also edits the Sing Tao Daily. “To make everyone from age 14 to 64 learn English up to a mandatory level, I think the government is trying to interfere too strongly. If a teenager is living here, then he (or she) is already learning the language in schools, and will pick it up. And as for seniors, you can encourage them, but that should really be more of the family’s decision.”

Another hot topic was the end of the immigrant investor program, which offered visas to people with a net worth of at least $1.6 million who were willing to lend $800,000 to the Canadian government for investment across Canada for a term of five years. The change, which would leave 45,000 Chinese millionaires in limbo, was proposed in the new 2014 budget. The decision has angered some in the Chinese Canadian business community, with some people speaking out at a press conference in Chinatown.

Immigration Minister Chris Alexander reveals contradictions in citizenship law | Vancouver Observer.

From the Halifax session, focussing on revocation and Lost Canadians:

The government had earlier signaled its intention to strip Canadians of their citizenship if they are involved in terrorist activities abroad, leading critics to say such a provision leaves Canadians vulnerable to false accusations from undemocratic regimes. But Mr. Alexander, speaking at a news conference in Halifax, said the new Strengthening Canadian Citizenship Act makes it clear that terrorism convictions would have to be from Canadian courts and the provisions would only apply to people who have dual citizenship. He added that the measure is intended “to be a deterrent to dual nationals who might think of going to fight for extremist groups” in Syria or elsewhere.

High bar to strip citizenship: Minister

Some earlier commentary in the Indo-Canadian Voice, largely description of the proposed changes to citizenship by William MacIntosh, an immigration lawyer:

As long as Canada offers health care and other social benefits, there is a legitimate political question about the tax contribution of the several million Canadians living abroad to pay for those services should they return. The government may say the proposed changes help address the problem, but the changes are window dressing. The real change would come with amendments to tax laws, which would be much harder to sell politically.

Indo-Canadian Voice | Tougher citizenship laws miss mark on expatriate issues.

Ottawa to consult with provinces on dealing with “birth tourism” | Toronto Star

No surprise that not included in the changes to the Citizenship Act given the implications for the provinces (and the government may have learned something from the Jobs Grant experience). Hopefully, the consultations with the provinces will ask for hard data on the number of births that were to mothers who were not covered by medicare (i.e., birth tourism and immigrants within the three-month waiting period) to give more than anecdotal information on the extent of the issue.

“We want to address the issue of people who have absolutely no strong connection to Canada and have no desire to live here, coming solely for the purpose of giving birth and then leaving,” Alexander told a news conference in Toronto after Bill C-24, Strengthening Canadian Citizenship Act, was tabled.

“It will be addressed down the road in an appropriate way. It does involve consultation and co-ordination with the provinces and territories who deliver health care obviously.

“We have to make sure we get it right in a way that doesn’t disrupt the vast majority of Canadians who are having their legitimate births in hospitals, but does detect and deter those cases where our generosity is being abused.”

Ottawa to consult with provinces on dealing with “birth tourism” | Toronto Star.

The citizenship review: what to watch for | iPolitics

My opinion piece in iPolitics on the upcoming Canadian citizenship legislation (full article below as behind the iPolitics paywall):

Over the past five years, the federal government has engaged in a comprehensive policy renewal across the whole suite of immigration policies. The major remaining gap was in citizenship, where the government announced its intent in the 2013 throne speech:

Canadians understand that citizenship should not be simply a passport of convenience. Citizenship is a pledge of mutual responsibility and a shared commitment to values rooted in our history …

To strengthen and protect the value of Canadian citizenship, our Government will introduce the first comprehensive reforms to the Citizenship Act in more than a generation.

During the same period, and within existing legislation, the government nevertheless led an intense period of renewal of the citizenship program:

  • Issuing the new citizenship study guide, Discover Canada, and related citizenship test in 2010
  • Implementing new pre-qualification language requirements in 2012
  • Introducing a series of initiatives targeting residency fraud, starting in 2011
  • Increasing the public profile of the citizenship program and ceremonies, aligned to the messaging of Discover Canada
  • Supporting the Institute for Canadian Citizenship (ICC), and its work on strengthening the meaning of citizenship.

All of these reflect the government’s emphasis on making citizenship more meaningful, “harder to get and easier to lose”, to use former immigration minister Jason Kenney’s phrase — in contrast with previous governments’ emphasis on facilitating citizenship.

  • It is likely that the proposed Citizenship Act will continue to emphasize meaningfulness in the following areas, based upon previous bills tabled but not yet passed, and media coverage of ministerial comments:
  • Regulating citizenship consultants
  • Increasing penalties for citizenship fraud
  • Clarifying the definition of residency to mean physicalresidency, not just legal residency, and possibly increasing the required residency period from the current three years
  • Improving the government’s ability to bar criminals from becoming Canadian citizens
  • Streamlining the revocation and removal process
  • Ensuring a first-generation exemption for Crown servants
  • Possibly eliminating the current “birth on soil” grant of citizenship in favour of a more qualified right.

As the current Citizenship Act dates from the 1970s, the reformed act likely will be more in keeping with current drafting practice, giving ministers more authority and discretion compared to the extremely prescriptive current act, which goes into considerable detail on the citizenship application process and procedures.

While attention will be paid to the specific provisions in the new act, and the balance between facilitating acquisition of citizenship and making citizenship mean “ongoing commitment, connection and loyalty to Canada”, some of the broader issues to watch for include:

  • The balance between ministerial discretion and prescriptive measures in the act. While ministers and officials prefer to have more discretion, citizenship touches all Canadians and there can be advantages in having more constraints on ministers to ensure that changes enjoy wider support. The current act has a mix, specifying “adequate knowledge” of an official language and of “Canada and of the privileges and responsibilities of citizenship”, defining these in regulations, not legislation, while the wording of the citizenship oath is in the Act itself
  • Close review of measures presented as “housekeeping,” to ensure that there are no unannounced or unanticipated substantive implications. Given the technical nature of much of citizenship policy, the devil is in the details
  • Whether the act, or related initiatives, seriously addresses the chronic and ongoing under-resourcing and under-management of the citizenship program, or whether the government is silent on these issues. In 2012, this, along with other changes, resulted in a drop of 37 per cent in new citizens, an example of poor program management. No government has properly resourced the citizenship program; typically the program gets a top-up once the backlog reaches an unacceptable level, as was the case in 2013 when $44 million was allocated in the budget
  • A real commitment to citizen service through meaningful service standards. Currently, it takes an average of over 2 years to acquire citizenship compared to Australia’s two months. Surely Canada should be able to do better, without compromising the integrity of the application process.

Beyond the specifics, the broader question of citizenship policy being faced by many governments is the balance between citizenship as “place” — assuming that citizens remain in their country of immigration — and citizenship as “status”, or a more instrumental view of citizenship as a means to secure employment and other rights.

In contrast to earlier waves of immigration — largely one-way, with limited and expensive two-way travel opportunities — today’s globalization enjoys free communications, low-cost travel, community-specific media (either Canadian or internationally-produced), all of which makes identities more fluid and complex. As governments try to reinforce a strong sense of Canadian identity, they come up against this reality — which is particularly the case for the more well-educated and trained immigrants that we aim to attract, and who tend to be more mobile.

Whether it be to pursue opportunities in their country of origin, or go back and forth to pursue business and other opportunities, citizenship policy has an impact on diaspora linkages and mobility. Make it too restrictive and the linkages may be underdeveloped — make it too easy and citizenship may be instrumental, without attachment.

Hopefully, once the draft bill is tabled, both parliamentary and public comment and discussion will engage in a broader debate about what kind of citizenship approach we want.

The citizenship review: what to watch for | iPolitics.

Will a new minister fix Canada’s ideas-free citizenship policy?:

Natalie Brender on the need for a broader review of citizenship policy, given the upcoming modernization of the citizenship act. My expectation is, however, given that recent changes to the citizenship application process (Discover Canada, more difficult test, more rigorous language evaluation, increased fraud prevention) have stressed integrity and meaningfulness, that the act will continue to emphasize meaningfulness, rather than facilitation.

However, that broader discussion on the balance between meaningfulness and facilitation in the context of mobile skilled workers is needed. One of the challenges is how to design policies that provide flexibility for skilled workers while excluding those who are abusing such flexibility with minimal or no attachment to Canada (e.g., expatriates in the Gulf, Lebanese evacuees).

Will a New Minister Fix Canada’s Idea-Free Citizenship Policy

Former CIC mandarin says several public policies came from minister’s anecdotes | hilltimes.com

Article from Hill Times today on the occasion of my book launch. Open event, The 3 Brewers, Bank and Sparks, today between 5 and 7 pm. Look forward to seeing many Ottawa-based people there. Best price for paper version of book ($15, HST and shipping included).

Andrew Griffith offers an insider’s account about the major cultural shift in the public service when the Conservatives formed government back in 2006.

When the Conservatives won government in 2006, the federal public service was not prepared for the ideological change to public policy-making, says a former top mandarin and author of the new book Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism.

“One of the funny things about the relationship between the political level and official level is that we’re both equally certain in our own truth,” said Andrew Griffith, a former 30-year veteran of the public service, in an interview with The Hill Times. “A party comes in, they’ve developed a platform, they’re absolutely convinced they’re right and that they have the truth and they were elected on that platform and, similarly, we in the public service are convinced that we’re absolutely right, we have the studies, the research, the evidence—how can anybody disagree with us?”

Mr. Griffith, a former director general at the Canadian Heritage Department who worked on multiculturalism policy, is launching his new book in Ottawa on Sept. 23 at The Three Brewers, 240 Sparks St., from 5 to 7 p.m.

He moved over to the Citizenship and Immigration department when Jason Kenney (Calgary Southeast, Alta.) was named the minister in 2008 and took the multiculturalism files with him. Using his experience with implementing multiculturalism and citizenship policy, Mr. Griffith wrote an insider’s account about the major cultural shift in the public service when the Conservatives formed government.

“In this particular transition, the perspective, or worldview, of both sides was so different. We had the Calgary crowd—by and large the Conservative Party wanted smaller government, less government intervention and was more skeptical of the power of government to actually do good,” Mr. Griffith told The Hill Times in a phone interview last week. “We live in the Ottawa bubble, Central Canada, and, by and large, civil servants are small ‘l’ liberals. You know, you don’t join government because you want to shrink it generally, maybe the people in Finance do, but, generally speaking, the people who join government have a belief in the power of government to do good. It doesn’t mean they’re big government people, it’s just a different world view.”

Mr. Griffith said the differing worldviews “sharpened tensions” between the public service and the new government.

“Previous transitions hadn’t had, I don’t think, such a sharp tension. I don’t recall that during the Mulroney government, because, again, it was more of a Central Canadian government,” he said. “They came with strong ideas and knew what they didn’t like.”

In the case of multiculturalism and citizenship policy, he said, the Conservative government’s worldview was a complete departure from that of former prime ministers Pierre Trudeau, Brian Mulroney, and Jean Chrétien.

“They didn’t like much of the traditional approach in multiculturalism and everything like that, sort of the old-style focusing on visible minority issues. On citizenship, it was very clear they wanted a stronger reference to Canadian history, military, Crown, etc., and so the way they would come at the issues is we’d have a meeting, and they’d say, ‘Here’s what we want,’ and we’d initially figure it out. In many cases, it appeared very foreign to us in terms of what we knew about Canada, so it took us time to absorb it and react to it and find a way to say, ‘Now we understand it so we can actually work with you,’ ” he said.

Mr. Griffith said several of the policies generated were based on anecdotes that the minister or his staff would bring back and attempt to fix.

For example, in Policy Arrogance, he outlined that in the case of making changes to citizenship rules around “birth tourism”—or dealing with people who planned trips to Canada so that their baby would be born on Canadian soil and be granted automatic citizenship—anecdotes “trumped” evidence he said, because there was very little data to begin with.

“The minister admitted that he did not know the extent of the problem even as he made the case to crack down on birth tourism,” Mr. Griffith wrote. “Officials struggled with this lack of hard numbers as stories emerged in the Quebec and B.C. media.”

Mr. Griffith wrote that the CIC later engaged with medical associations and hospitals to “ascertain the extent of the issue,” but did not consult with provincial health systems that would have allowed them to see how many births were paid or not paid through the public system for which citizens and permanent residents are eligible.

“Such analysis would help quantify the extent of the issue, and help inform cost-benefit analysis of any change to citizenship legislation to align Canadian policy with other jurisdictions that no longer allow automatic citizenship upon birth,” Mr. Griffith wrote. “In developing policy and program advice, the paucity of data and analysis made it hard to provide advice on the likely impact of any policy changes. More, the minister’s wishes for early implementation meant there were limits to appropriate due diligence.”

Mr. Griffith told The Hill Times that public servants couldn’t discount Mr. Kenney’s anecdotes, however, because he went to at least 20 community events three weekends out of four.

“His anecdotes had a reasonable amount of weight,” he said, noting that officials did not take the anecdotes wholly; as the people Mr. Kenney was seeing was not entirely representative of the Canadian population.

“He was more in touch with the communities than we were. Our evidence tended to be large-scale research and surveys, which are very valid, and his evidence tended to be anecdotal, but it was such a large base of anecdotes that it was something that we actually had to take into account.”

When it came time to rewrite the citizenship guide, Discover Canada, the public servants working on it “didn’t get it right at all,” so the ministerial and political staff “actually wrote it for us” and the department went from there, Mr. Griffith said.

“Normally that isn’t done,” he said, adding that later, the minister’s office would have “a challenge session” going through each page one by one. “We were able to understand why they wanted it and the why is actually more important than the what because if you understand the why, then you can figure out a way to make it work. It would be difficult at the beginning … and then as you got through those discussions, you could get to more pragmatic ‘okay, now that we understand what you want, we can move in this direction.’ It served as a bit of a dance.”

Mr. Griffith said that while he was “never afraid” to give advice under these circumstances, his four years at Citizen and Immigration Canada was a “real learning experience.”

Writing that experience down “was actually satisfying and cathartic,” he said.

“My intent was actually to provoke a bit of a discussion initially within the public service about the relationship issue between the government and the public service because my sense was that we didn’t manage the relationship very well at the beginning,” Mr. Griffith said about writing the book.

“We weren’t responsive enough to the change in direction of the government so we appeared obstructive at best or resisting or even disloyal perhaps to the incoming government so I think there were some lessons learned for the public service in terms of how we manage that transition that hopefully by having a more open discussion about how we actually deal with a situation where we have an incoming government that has a very different worldview from our worldview in a way that actually doesn’t exacerbate tensions, but actually sort of helps develop a more normal working relationship.”

There was a difficult line between the public servants giving “fearless advice” and putting into practice the “loyal implementation” role, he said.

In the end, Mr. Griffith said, he felt at CIC that public servants were able to balance both, despite going through the “Kübler-Ross stages of grief and loss—denial, anger, bargaining, depression, and acceptance—in dealing with the traumatic challenge to their role, as well as to the long-standing consensus between previous Liberal and Conservative parties on citizenship and multiculturalism issues.”

Mr. Griffith told The Hill Times that, for the most part, Mr. Kenney was “actually quite good” at listening to advice, although “he wouldn’t necessarily accept it.”

While he couldn’t say whether this was widespread in other departments, Mr. Griffith said politicians are likely more drawn to anecdotes than scientific evidence and statistics because they are people’s people.

“This government is more ideological than previous governments. This government does tend to discount evidence. This government does actually tend to cut things that do provide evidence, like the census. All that’s on the public record,” Mr. Griffith said.

“How it works in individual departments, I’m not close enough to know that. I do know from some people that yes, some ministers are more receptive to listening to advice but again that always gets run by ‘The Centre’ [the PMO]. In the end, whether the minister listens or not is almost less important than whether ‘The Centre,’ i.e. the PMO, listens to it,” Mr. Griffith said.

As for whether things will change if and when a new government is elected, Mr. Griffith said it would likely be easier under a non-Conservative government.“My sense is that this Conservative government situation with the public service is probably fairly unique,” he said, noting that if the Liberals or NDP formed a government, they would likely have more confidence in the public service. “But either way, the public service has to be prepared to respond to whatever decision Canadians make at the polls. That’s always the bottom line in terms of the loyal implementation part.”

Bea Vongdouangchanh, The Hill Times, 23 September 2013

Former CIC mandarin says several public policies came from minister’s anecdotes | hilltimes.com.

U.S. Senator Ted Cruz may have to wait 8 months to stop being Canadian – The Globe and Mail

For my American readers interested in the process US Senator Cruz has to go through to renounce his Canadian citizenship, this article will be helpful. And yes, it takes time, not just a speech or statement.

U.S. Senator Ted Cruz may have to wait 8 months to stop being Canadian – The Globe and Mail.

The Franco-American Flophouse: Ted Cruz: Birthright Citizenship is Not Voluntary

A good discussion of birthright citizenship by Victoria Ferauge that captures some of the issues, as well as questioning the philosophical basis for birthright citizenship.

As always with these kinds of policy discussions – and they are needed and valuable – is that they need to be weighed against the practical impact of changes, particularly for immigration-based countries where birthright citizenship has traditionally been the most simple approach.

But as many have noted, beyond “birth tourism” concerns, the nature of citizenship is changing as people have increasingly complex lives and identities, and governments need to reflect on these changes and implications.

The Franco-American Flophouse: Ted Cruz: Birthright Citizenship is Not Voluntary.