Actor’s Canadian citizenship leaves India’s ruling BJP red faced | Article

The irony:

The Hindi film actor Rajiv Hari Om Bhatia, popularly known as Akshay Kumar, and known for his proximity to the ruling Bharatiya Janata Party (BJP), confessed that he is no longer an Indian citizen.

His admission that he holds a Canadian passport comes soon after he conducted a “non-political” interview of prime minister Narendra Modi while general elections were underway. In the interview, questions like whether Modi likes mangoes and how he eats them drew a lot of mirth and derision from social media users.

Kumar is also known for projecting himself as a uber nationalist. One of his recent films, Toilet – Ek Prem Katha, was seen as a vehicle to promote a much-touted scheme of the BJP government.

His earlier films are seen as vehicles of a muscular government ready to take on enemies of the state through assassinations and kidnappings. His films like KesariRustom, Goldand Airlift, among others, focus on themes relating to nationalism.

Meanwhile the ruling Bharatiya Janata Party has stoked nationalism while using the national security plank for its electoral campaign.

Kumar’s citizenship issue has become a big deal because BJP supporters frequently subject people from India’s religious minorities to “loyalty tests.” For instance, Muslims and other government critics are frequently asked to “go to Pakistan.” Kumar’s colleagues in Bollywood, Amir Khan and Naseeruddin Shah, had to face such questions when they stated that they were not feeling safe under the current government. Kumar had snubbed Khan for his comments.

As social media users raised questions over the citizenship of Bollywood’s poster boy for nationalism, the situation got worse as Mumbai went to the polls when Kumar’s wife, Twinkle Khanna, turned up at the polling booth on April 29 but he was not seen voting.

Moreover, the actor chose to ignore and walk away when he was questioned by journalists about not voting in the Lok Sabha elections in Mumbai, the capital of western Indian state Maharashtra. Kumar responded to the question with “Chaliye, chaliye (let’s go, let’s go)” as he walked away. Later, he would state that he is a Canadian citizen. Trolls had a field day on social media.

It was out and out ironical as the actor was recently tagged by PM Modi in a tweet urging him to encourage people to vote. Kumar did so. He tweeted saying: “The true hallmark of a democracy lies in people’s participation in the electoral process. Voting has to be a superhit . . . between our nation and its voters.”

The row over his already controversial citizenship issue started after his recent interview with PM Modi. The prime minister, known for rarely giving interviews to journalists, spoke to the actor in an interview described as “informal and non-political.”

Kumar issued a statement on May 3 on Twitter acknowledging his Canadian citizenship while underlining his Indian patriotism: “I really don’t understand the unwarranted interest and negativity about my citizenship. I have never hidden or denied that I hold a Canadian passport. It is also equally true that I have not visited Canada in the last seven years. I work in India, and pay all my taxes in India. While all these years, I have never needed to prove my love for India to anyone, I find it disappointing that my citizenship issue is constantly dragged into needless controversy, a matter that is personal, legal, non-political, and of no consequence to others.”

Kumar proudly declared that he pays his taxes in India. In fact that is not something he does by choice. It is mandated by law.

India has a residency-based taxation system, not a citizenship-based one. Indian citizens who are persons of Indian origin (PIO), overseas citizens of India (OCI) or foreign citizens and who are residents of India for more than 182 days have to pay tax and file income tax return in India. Furthermore, when someone is a resident in India for income tax purposes, income earned anywhere in the world is taxable in India.

Kumar, who had been at the top position for several years among the highest taxpayers in Bollywood, had paid Rs. 295 million in 2017.

Bhatia’s citizenship controversy is not new. In 2017, in an interview with Times Now, Kumar claimed he was an “honorary citizen” of Canada: “About the Canadian thing. I am an honorary citizen. I have been given an honorary thing. It is a thing that people should be proud of. I have an honorary doctorate as well.”

However, according to a fact-check done by Alt News, The website of Canadian Prime Minister Justin Trudeau lists the people who have been given honorary Canadian citizenship and it names six individuals including Pakistani Nobel Laureate Malala Yousafsai. Kumar’s name does not appear in the list. The report also says that an honorary citizen cannot hold a Canadian passport, as Kumar does.

After Kumar’s statement, actor Anupam Kher came out in his support on Twitter. Kher is known as a vocal supporter of the BJP and his wife, also an actor, Kirron Kher is a BJP lawmaker.

Source: Actor’s Canadian citizenship leaves India’s ruling BJP red faced | Article

“Us” or “Them”? How Policies, Public Opinion, and Political Rhetoric Affect Immigrants’ Sense of Belonging

Interesting study by MPI with this counter-intuitive finding that citizenship policy was not a significant factor in national belonging in contrast to popular conceptions of nationhood which, of course, are reflected citizenship policies that emphasize attainable criteria with reasonable requirements:

Citizenship Policy: Do Fewer Restrictions Signal a More Accepting Society?

Boundaries of national membership exist in different forms—whether formal or informal—and are formulated by different actors, such as politicians or the majority population. Formal boundaries are official policies designed to define membership, such as citizenship, voting rights, or employment policies.

The foremost example is citizenship policy, which sets the criteria for who may become an officially recognized member of a particular country. The restrictiveness of citizenship policies varies considerably across Western nation-states as do the signals these policies communicate about the type of knowledge and behavior one must comply with to become part of the nation. To become a citizen of Austria, for example, one must have ten years of residency, be economically self-sufficient, speak German, pass a knowledge test on Austrian history and the principles of the democratic system, and resign any previous citizenship. In Sweden, none of these requirements applies, except for length of residency (and here it is just five years), and dual citizenship is allowed. Scholars often point to citizenship policy as a signifier of a country’s openness or closedness toward newcomers. In this way, it could be expected that immigrants would find it easier to belong in countries with more liberal citizenship regimes.

A 2016 study by the author examined whether the substantial variation in the citizenship policies of Western democracies matter for the extent to which immigrants to different countries feel national belonging. The study used data from 19 Western democracies collected during two different years (2003 and 2013), data from the Migrant Integration Policy Index, and survey answers from first- and second-generation immigrants about the degree to which they feel close to the nation in which they live.

Surprisingly, the study offered no evidence to support the hypothesis that citizenship policy affects immigrant minorities’ national belonging. Other experts have come to similar conclusions in their research on civic integration and multicultural policies: In two studies by Goodman & Wright and Bloemraad & Wright, despite substantial variation over time and space in the use of civic integration and multicultural policies, these policies did not appear to foster (nor hinder) immigrants’ generalized trust and perceived discrimination.

One potential reason for the lacking effect of citizenship (and other types of integration) policy is that it is composed of various requirements—such as length of residence, economic self-sufficiency, language skills, and resigning one’s previous citizenship—making it difficult for the individual immigrant to assess exactly how open or closed a given national community is. In addition, there may be great variation across immigrants in how difficult it is for them to live up to the demands. In other words, while one type of immigrant may find the host country’s citizenship policies exclusive, others may find it relatively easy to live up to them.

Popular Ideas of Belonging

Boundaries are not only defined in formal terms through citizenship or integration policies, but also more informally in conceptions of nationhood shared among members of a society. While these boundaries are not officially sanctioned, they are not any less powerful as signals of inclusivity/exclusivity. In particular, how majority nationals define the boundary of the national community likely affect everyday encounters with immigrant minorities.

In the study mentioned above, the author also analyzed the potential effects of popular conceptions of nationhood by using survey responses to measure the nonimmigrant majority population’s boundary drawing in the 19 countries studied.

The author found the criteria valued for being considered part of the national community clustered in two groups: ascriptive and attainable criteria.

  • Ascriptive criteria include being born in the country, having lived in the country for most of one’s life, having host-nation ancestry, and being of the host nation’s religion. These criteria are impossible to acquire if one does not have them in the first place. Of course, religious conversion is in principle a possibility but the fact that this criterion groups with the other ascriptive criteria suggests that most people consider religion a permanent trait of individuals.
  • Attainable criteria include language skills in the host country’s official language(s), citizenship, respecting the country’s laws and institutions, and feeling like a national. These criteria are possible to acquire, at least over time.

Figures 1 and 2 show the value of importance assigned to the two groups of criteria in each country in 2003 and 2013, using a 0-1 scale, where 0 means not important at all, and 1 means very important. As can be seen, the values vary quite substantially across countries while the within-country variation over time is rather small for most countries, suggesting that conceptions of nationhood are relatively stable over time.

Figure 1. Importance of Criteria Immigrants Cannot Obtain to Select Countries

Source: Kristina Bakkær Simonsen, “How the Host Nation’s Boundary Drawing Affects Immigrants’ Belonging,” Journal of Ethnic and Migration Studies 42, no. 7: 1153-76.

Figure 2. Importance of Criteria Immigrants Can Obtain to Select Countries

Source: Bakkær Simonsen, “How the Host Nation’s Boundary Drawing Affects Immigrants’ Belonging.”

In contrast to citizenship policy, popular conceptions of nationhood have significant effects on immigrant minorities’ national belonging in the study. In particular, first- and second-generation immigrants’ national belonging is greater in countries where the majority population places high value on attainable boundary criteria, such as the United States, France, and Canada. In other words, boundaries can be positive when they signal to immigrants their being welcome to belong, upon having met a set of feasible requirements, such as acquiring language skills and respecting the country’s norms and laws.

Source: “Us” or “Them”? How Policies, Public Opinion, and Political Rhetoric Affect Immigrants’ Sense of Belonging

Australia High Court to Decide if Aboriginals Without Citizenship Can Be Deported

Odd case for the Australian government to be defending:

Australia, a country taken over by white colonizers after the Black indigenous population had lived there for 65,000 years, will now determine if Aboriginal people without Australian citizenship are aliens who are subject to deportation.

There is a case before the High Court of Australia that will establish whether an indigenous person can be considered an alien under the nation’s constitution. Two men, Daniel Love and Brendan Thoms, have filed a lawsuit in which the court will determine whether an Aboriginal Australian with at least one Australian parent — one who was born in another country, came to Australia as a young child and has only left the country briefly — and is not an Australian citizen is an alien under section 51 (xix) of the Australian Constitution. That section allows the Parliament to enact laws concerning “naturalization and aliens.”

The answer the plaintiffs have gotten is no. “For descendants of Australia’s first peoples, an indelible part of the Australian community, to be ‘aliens’ for the purposes of Australia’s Constitution, is antithetical to their indigeneity and to the social, democratic and political values which underpin and are protected by the Constitution The concept of Aboriginality is inconsistent with the concept of alienage,” the men say in their filing with the court.

Under a 2014 federal immigration law, known as a “bad character” law, deportation is mandated for people living in Australia with visas who are sentenced to at least 12 months of imprisonment. The Australian government wants to make their immigration laws even more draconian by broadening the government’s power to revoke visas of people with criminal records. The policy has increased the deportation of people who have lived in Australia most of their lives to countries such as New Zealand, Papua New Guinea or other islands in the Pacific, even when those people have no ties to the country to which they are returned. One third of the 1,300 people in immigration detention are there based on bad character, and in New Zealand, where the Australian deportation plan has been criticized, 600 people were returned in 2017.

Daniel Love, 39, is a member of the Kamilaroi people who was born in Papua New Guinea to an Aboriginal Australian father and a Papua New Guinean mother. Love is also a common law holder of native title —traditional land rights claimed by Aboriginal Australian people under the original ownership of the land.  He has been a permanent resident of Australia since the age of 6, but his parents did not complete the necessary paperwork to obtain his Australian citizenship.  Last year, Love was sentenced to 12 months in prison on an assault charge. The government canceled his visa and Love was placed in immigration detention. After spending seven weeks in detention, Love was released and the government revoked the cancellation of his visa.

Love sued the government for AU$200,000 (US$142,920) in compensation for false imprisonment, claiming the government illegally detained him and that he has suffered loss of appetite, sleep deprivation and anxiety. He was unable to see his five children, all of whom are Australian citizens, and feared for his safety with the prospect of being sent to a country with which he has no family connections.

Similarly, Brendan Thoms, 31, is a Gunggari man born in New Zealand to an Aboriginal Australian mother and a New Zealander father. Thoms was entitled to Australian citizenship by birth but has not acquired it, and has lived in Australia since the age of 6. He was sentenced to imprisonment of 18 months for assault causing bodily harm, and his visa was canceled because he was deemed an “unlawful non-citizen.” Thoms, who has one Australian child, remains in detention.

In its own court filings, the Commonwealth of Australia claims that whether Love or Thoms is an Aboriginal person or is a common law holder of native title is irrelevant in determining if they are aliens. Rather, the government argues that what is important is the men are not citizens and they owe allegiance to a foreign country, and that having an Australian parent or deep ties to the country is irrelevant. “Accordingly, as persons who are not Australian citizens, the Plaintiffs are, and always have been, aliens,” the government argues, adding “it was recognised that the effect of Australia’s emergence as a fully independent sovereign nation with its own distinct citizenship … that the word ‘alien’ in s 5 l(xix) of the Constitution had become synonymous with ‘non-citizen’.”

The state also claims that “Aboriginality does not prevent a person from being an alien,” particularly when that person is a citizen of a foreign country. The citizens of Papua New Guinea, the commonwealth claims, may have traditional and cultural associations with the Torres Strait Islands of Australia — which lie between Papua New Guinea and Australia — yet they are still regarded as aliens.

This case comes in a country that granted citizenship to indigenous people only relatively recently, with a 1967 referendum to include Aboriginal and Torres Strait Islander people in the national census for the first time. Prior to that time, Black people were rendered invisible and treated like animals, supposedly “discovered” by the British in 1788, although they had lived on the land for millennia. Now there is cruel irony in the fact that indigenous Black people would be regarded as aliens on land stolen from them.

Source: Australia High Court to Decide if Aboriginals Without Citizenship Can Be Deported

Ukraine’s Volodymyr Zelenskiy offers Russians citizenship

Counter offer on citizenship to Putin offers Russian citizenship to Ukrainians in separatist-held areas:

President-elect Volodymyr Zelenskiy has offered Ukrainian citizenship to Russians, but combined the proposal with criticism of the Kremlin.

“We will provide Ukrainian citizenship to representatives of all peoples who suffer from authoritarian and corrupt regimes. In the first place — the Russians, who today suffer probably the most,” Zelenskiy wrote on Facebook on Sunday.

Zelenskiy’s offer came in response to a Kremlin decree last week that would fast-track Russian passports for residents of eastern Ukraine, with Russian President Vladimir Putin even saying on Saturday he was considering giving all Ukrainians easier access to Russian citizenship if they wanted it.

Moscow’s move condemned

Zelenskiy said Putin should not expect many Ukrainians to take up the offer, saying they had “freedom of speech in our country, free media and internet,” in contrast with Russia.

Moscow’s move has angered many politicians in Kyiv, which has been at war with Russian-backed separatists in the Donbass region in eastern Ukraine since 2014. The conflict, which began after the ouster of pro-Russian President Viktor Yanukovych, has so far killed 13,000 people.

Ukraine: Displaced and disadvantaged

Outgoing President Petro Poroshenko on Wednesday accused Moscow of crossing a “red line” with the passport offer, saying Moscow wanted to create a Russian enclave in Ukraine.

The European Union also condemned the move, with European Commission spokeswoman Maja Kocijancic describing it as “another attack on Ukraine’s sovereignty by Russia.”

‘New conditions’ for living together

Zelenskiy, who won the second round of presidential elections a week ago, on Sunday also expressed a willingness to discuss the conflict in eastern Ukraine with Moscow. But he warned the Kremlin not to use “the language of threats [and] military and economic pressure.”

“This is not the best path to ceasefire and unblocking the Minsk process,” he said, referring to a peace deal sealed in the Belarusian capital in 2015 that has so far failed to bring about an end to the conflict.

“We are prepared to discuss the new conditions for how Ukraine and Russia can live together,” he said, but stressed that normalizing ties depended on Russia ceasing its occupation of both Donbass and the Crimean Peninsula, which it annexed in 2014.

Zelenskiy, who is likely to be inaugurated in early June, is a newcomer to politics, having previously only played a president in a comedy on television.

Source: Ukraine’s Volodymyr Zelenskiy offers Russians citizenship

Sajid Javid urged to act in immigration scandal ‘bigger than Windrush’

Yet another Theresa May as Home Secretary legacy:

The home secretary, Sajid Javid, is under mounting pressure to head off an immigration scandal that MPs have warned could be “bigger than Windrush”.

About 34,000 foreign students have had their visas cancelled or curtailed and more than 1,000 people were forcibly removed from the UK as a result of the English language testing scandal, which involved the government accusing tens of thousands of students who sat a Home Office-approved test of cheating.

The drive to find and deport potential cheats began during Theresa May’s tenure as home secretary, when she promised to create a “hostile environment” for migrants deemed to be in the country illegally.

Thousands of students who have remained in the UK to fight to clear their reputations have spent the past five years attempting to prove that they are not guilty of cheating, but most have struggled because the Home Office has told them they have no right of appeal in the UK and must leave the country.

Amid criticism from MPs, Javid is expected to rule on the fate of thousands of the targeted students this week.

Undercover filming in a Panorama documentary broadcast in 2014 revealed clear evidence of fraud in at least two testing centres, as students took the test, which is required as part of the student visa-renewal process.

In one, the invigilator was seen reading out the answers to a multiple choice test, while in another, fake candidates arrived to take the test on behalf of those who were due to sit the exam, with the invigilators fully aware that the students were being assisted by paid proxies.

There is no doubt that there was a well-organised cheating system operating in those centres when filming took place; what is less clear is how many people were involved in the fraud.

The Panorama reporter showed the footage to May, then the home secretary, who commented: “What Panorama has uncovered is extremely important. It’s very shocking and I want to do something about it.”

The Home Office cancelled the visas of tens of thousands of students who had taken the Toeic test, large numbers of whom protest that they did not cheat. More than 4,000 have left the country without an opportunity to prove their innocence, having been told that they could be arrested if they did not leave. Immigration enforcement officers visited the homes of more than 3,600 students, as the Home Office attempted to round up all those accused of cheating.

Many of those who believe they have been wrongly targeted have asked for an opportunity to sit a new English test, pointing out that they had no need to cheat as they speak fluent English. Some were studying for degrees in English literature, others were PhD students, and some were nearing the end of accountancy and law degrees.

Those who remained in the UK have been prevented from continuing to study and are unable to work while they attempt to prove their innocence. They are also unable to open bank accounts or rent properties. Many have had to rely on their families, who helped pay fees for their unfinished courses in the UK and are now funding their attempts to have their visas reinstated so that they can continue with their studies.

The allegation of cheating in the UK makes applying to study elsewhere extremely difficult. Most chose to study in the UK because of Britain’s international reputation as a country with good universities and a reliable justice system. Because the Toeic issue has never become headline news, many say their families at home have begun to believe they must have cheated, convinced the UK government could not make such an error.

Campaigners representing students contesting the Home Office’s allegation of cheating say most of those affected have been made unwell by the prolonged strain of attempting to prove their innocence. Many have been pushed into destitution. The organisation Migrant Voice, which has worked with dozens of those affected, says many have contemplated or attempted suicide.

Mike Gapes, the MP for Ilford South, who has advised a number of affected people in his constituency, describes this as “a bigger scandal than Windrush in terms of the number of individuals removed from the country and whose livelihoods are being destroyed by anguish and despair”. The issue has its roots in the same period at the Home Office under May, when officials were developing the hostile environment, under pressure to reduce net migration to the tens of thousands and show voters that the government was taking firm steps to control illegal immigration.

The American company that administered the test, Educational Testing Service (ETS), told the Home Office that it had conducted a voice analysis of recordings of all 58,458 tests taken in 96 test centres in the UK between 2011 and 2014 and concluded that 33,725 people cheated, and a further 22,694 people had “questionable results”. Only about 2,000 were found not to have cheated.

Stephen Timms, the Labour MP for East Ham, is sceptical about these findings. “It think it’s nonsense. There is no way that 90% of those who sat the test were cheating. Do they really believe they were presiding over a system in which over 90% were cheating? It doesn’t make sense. It’s completely implausible.

“Panorama established that a few dozen people cheated, but the way the government has responded has blighted the lives of thousands and thousands who did not cheat. All the people I’ve met feel mortified that anyone would think they would cheat.

“A number of them haven’t dared to tell their family at home they have been accused of cheating because the shame is so great. They are all in the most terrible situation. A lot of the victims are living in the shadows and are ashamed to talk about it. It is surprising there hasn’t been more uproar.”

Hundreds of court hearings have subsequently questioned the reliability of the evidence provided by ETS and the Home Office. Some students have been accused of sitting a test in one centre but have clear proof that they sat it in another. At least one of those accused never sat the Toeic test but has nevertheless had his visa cancelled with no opportunity to appeal.

Timms has been told by Javid’s office that the home secretary is still waiting for some answers before deciding how to proceed. During a meeting at the end of last year, Javid told Timms and two other MPs: “I am sympathetic.”

An all-party parliamentary group has been set up to campaign on the issue and will have its first meeting in May; MPs will talk to students, lawyers and immigration judges, researching a new investigation.

Javid told Timms in the Commons on 1 April that he was taking “this issue very seriously. I have asked my officials to review it.” Campaigners are hopeful that the home secretary may finally be on the brink of taking steps to rectify the matter.

Nazek Ramadan, the director of Migrant Voice, said: “It’s an outrage that thousands of students are still suffering, five years after the first wrongful allegations. In this country, you’re supposed to be innocent until proven guilty – but for these students, that principle was thrown out of the window.

“We’ve heard from students, lawyers and judges that the Home Office has failed to present any evidence at all in most cases. In other cases, the evidence they’ve presented has been totally flawed. The only solution now is a political one. This was a Windrush-style textbook example of bad decision-making, but the home secretary has the power to put some of it right and give these students their futures back.”

A Home Office spokesperson said: “The 2014 investigation into the abuse of English language testing revealed systemic cheating which was indicative of significant organised fraud … The home secretary has listened to the points raised by MPs and other groups and has asked for further advice from the department.”

ETS was contacted for comment.

Source: Sajid Javid urged to act in immigration scandal ‘bigger than Windrush’

George Will: Supreme Court mulls citizenship question for census

Thoughtful column by Will:

The oral arguments the Supreme Court will hear on Tuesday will be more decorous than the gusts of judicial testiness that blew the case up to the nation’s highest tribunal. The case, which raises arcane questions of administrative law but could have widely radiating political and policy consequences, comes from the Enlightenment mentality of the nation’s Founders, and involves this question: Does it matter that a conspicuously unenlightened member of the president’s cabinet lied in sworn testimony about why he made a decision that he arguably has the statutory power to make?

Because America’s 18th century Founders were rational, empirical, inquisitive pursuers of evidence-based improvement, they placed in the Constitution’s second section after the preamble a requirement for a census. And the 14th Amendment stipulates the required actual enumeration, every 10 years, of “the whole number” of persons residing in the country. From 1820 (when Congress wanted “foreigners not naturalized” to be counted) through 1950, the census almost always included a citizenship question, and in 2018 Commerce Secretary Wilbur Ross decided that the 2020 “short-form” questionnaire, the one that goes to every household, should include one. Ross has testified that he was “responding solely” to a Justice Department request for the question to provide data helpful to enforcement of the Voting Rights Act (VRA) of 1965.

A federal district judge called this Ross rationale “pretextual” because Ross was justifying a decision “already made for other reasons.” This was a polite but still stinging way of saying Ross lied, which he almost certainly did: Justice officials initially rejected Commerce’s request that it ask for a citizenship question, and said such data was unnecessary for VRA enforcement. The district judge said Commerce sought the Justice letter to “launder” the request for the citizenship question “through another agency,” this being just one of “a veritable smorgasbord” of rules violations by Ross and his aides.

Ross also testified that he was “not aware” of any discussions of the citizenship questions between Commerce and the White House. But after 18 states, 15 municipalities and various immigration advocacy groups sued, he acknowledged meeting early in 2017 with then-presidential adviser Stephen Bannon, an anti-immigration zealot. The district judge also said Ross “materially mischaracterized” — translation: lied about — a conversation with a polling expert in order to obfuscate the expert’s objections to the citizenship question.

Because more information is preferable to less, the citizenship question might seem sensible. However, the question might result in less information because the Census Bureau’s own experts believe that the citizenship question would cause 6.5 million people — almost one in 10 households includes one or more noncitizens — to not respond to the questionnaire for fear of law-enforcement consequences. The 6.5 million are approximately as many people as live in Indiana. Of the estimated 24 million noncitizens (about 7% of America’s population of almost 329 million), almost 11 million are here illegally.

The citizenship question is, the Trump administration insists, “a wholly unremarkable demographic question.” But why, then, was Ross so dishonest concerning its genesis? This is probably why: A substantial undercount would affect the formulas by which hundreds of billions of dollars of federal spending are dispersed, to the disadvantage of blue states and cities with large immigrant populations. Furthermore, because the 14th Amendment stipulates that seats in the House of Representatives shall be apportioned on the basis of “the whole number of persons in each state” regardless of citizenship, an undercount could cost some states, particularly blue states, congressional seats, and hence electoral votes.

The district court judge was scalding about the “egregious” behavior of Ross, who “in a startling number of ways” either “ignored, cherry-picked, or badly misconstrued” evidence, and “acted irrationally … in light of that evidence.” Yet the judge professed himself “unable to determine — based on the existing record, at least — what Secretary Ross’ real reasons for adding the citizenship question were.” Perhaps the judge was precluded from coming to a conclusion about Ross’ motives; the public is not.

This is another case in which Trump administration behavior (following equally indefensible Obama administration behavior) is provoking plaintiffs to ask the judiciary to police the blurry boundaries of executive discretion. The Supreme Court, however, is apt to decide that Ross’ wretched behavior does not alter the fact that Congress has granted to him sufficient discretion over the census to accommodate his decision to include the citizenship question. This, in spite of reasonable surmises about his motives that his behavior seemed designed to disguise.

Source: Will: Supreme Court mulls citizenship question for census

Bill proposed to give high-educated foreigners Korean citizenship

Very selective proposed citizenship policy, but still signifying change:

Foreigners acquiring a bachelor’s or higher degree in South Korea may soon find it easier to become naturalized here, as a group of lawmakers have proposed easing the nationality law to help overcome the nation’s population reduction.

Rep. Kim Kyung-jin of the minor opposition Party for Democracy and Peace said Monday that he and nine other lawmakers have jointly tabled a motion to revise the Nationality Act to the National Assembly, seeking to ease the rules on simplified naturalization.

The proposed revision calls for allowing foreigners earning a bachelor’s degree or higher in South Korea to be naturalized as a Korean citizen. It also obliges the government to flexibly devise and implement its nationality policies depending on special and economic circumstances.

“The government has spent several hundreds of trillions of won over the past decade to overcome the population crisis caused by the severe low birthrate but failed to attain any visible outcomes,” Kim said.

“Our country should also implement a policy of naturalization that actively accepts foreign talent.”

The lawmaker said the proposed legal revision was based on the opinions of government officials and experts gathered from a forum in February.

According to Statistics Korea, the nation’s population is expected to peak at 51.94 million in 2028 before gradually decreasing to 39.29 million in 2067, a level seen in the 1980s.

The number of foreigners living in South Korea was 2.18 million as of the end of 2017, up 6.4 percent from 2016, government data showed. The number of foreign students here also rose 16.5 percent to 135,000 in the same period.

Kim said the current naturalization policy is focused on multicultural families based on international marriages and lacks consideration of foreign students and talent.

“If talented foreigners will be able to become naturalized in South Korea more easily through the proposed legal revision, it will be helpful in resolving social and labor problems caused by the population reduction,” Kim said.

“As the population problem is a serious matter directly linked to the national fate, we will continue to make efforts to improve the nationality system in the future.” (Yonhap)

Source: Bill proposed to give high-educated foreigners Korean citizenship

Canadian citizenship in assisted reproduction

Yet another one of the wrinkles of citizenship policy.

Has some similarities to adoption citizenship issues, where parental pressure resulted in the Conservative government making the needed changes to allow adopted children to be considered citizens rather than having to enter Canada as Permanent Residents:

In a 2015 article I asked: “does sperm have a flag?” The answer is, as it turns out, yes. And in the context of Canadian citizenship, it seems likely that eggs and wombs have flags too – although we can’t yet be entirely sure. But one thing is clear: a genetic/biological relationship plays a critical role in citizenship – even in this contemporary era of reproductive technologies and diverse practices of family formation.

Canada’s Citizenship Act enables people born abroad to a Canadian-born citizen parent to be Canadians. But who is a parent? Traditionally, marriage turned husbands into (presumptive) fathers and mothers were women who gave birth. All Canadian provinces (which have jurisdictional authority for domestic parentage determination) maintain this definition, and they also include provisions for cohabiting different-sex partners. Some provinces have gone further, including specific provisions for same-sex partners, and incorporating provisions to name parents in situations involving assisted conception and surrogate mothers.

In all provincial statutes that address parentage and reproductive technologies, donors are notautomatically considered parents, despite their genetic relationship to the child. Surrogate mothers are considered mothers until they waive their rights. In British Columbia, it is possible for three people to be named parentsto a child, and in Ontario, up to four people can be named parents – but both provinces require a preconception agreement among the parties for these parentage designations to apply.

The provinces are not the only jurisdictions that are required to define who are parents. Given that citizenship status is a federal jurisdiction, and that the vast majority of Canadians become citizens on the basic criteria of birth, one might imagine that parentage would receive some attention in the federal Citizenship Act.  While the word “parent” appears 95 times in the English text of the Act, it is never defined. As far as how children are understood, the Act tells us that a “child includes a child adopted or legitimized in accordance with the laws of the place where the adoption or legitimation took place.”

So, what should be done about children born abroad with the assistance of reproductive technologies?

Since the Citizenship Act is imprecise on exactly who constitutes a parent, the courts have necessarily been compelled to offer clarification. With regard to reproductive technologies, the case of record on this matter is Canada (Citizenship and Immigration) v. Kandola 2014 – heard by the Federal Court of Appeal. There, the court determined that a genetic relationship with a Canadian parent was required for a child born abroad to acquire Canadian citizenship.

The case involved the denial of Canadian citizenship to a child born in India to a Canadian father married to an Indian mother. The couple was forthright with citizenship officials regarding their use of reproductive technologies in the conception of their child and the fact that neither parent was genetically related to their daughter, even though her mother had given birth to her. In the lower court decision, the judge had ruled that the child was indeed a Canadian because she was born to married parents – she was “legitimized…in accordance with the laws of the place where the legitimation took place.”

In the Federal Court of Appeal, however, the court held that the absence of a genetic tie to her Canadian parent meant that the child was not a Canadian. The fact that her parents were married when she was born – and thus, that her birth was legitimate – did not suffice, since to be legitimized, as the Citizenship Act states, requires a prior state of illegitimacy.

The justices also examined the meaning of the word parent. Finding that the term was unhelpfully ambiguous in English, they sought clarity in the French text of the Act. In their reading, in order to be born of a father (né d’un père) or a mother (né d’une mère), a child would have to be genetically related to her Canadian parent. And while the Kandola case did not concern a Canadian citizen mother, the justices opined that both genetic and gestational motherhood would be required in order to confer Canadian citizenship from mother to child.

One might appreciate the clarity of genetic relationship as a means for determining citizenship for children born abroad. Unfortunately, though, genetic relationship is not an especially reliable indicator of a parental social identity or commitment. Indeed, one can envision the possible, lucrative opportunities for Canadian men abroad that such a genetic definition of citizenship would confer. But more seriously, as the availability of reproductive technologies increases and the domestic definition of parentage and families expands, this narrow cleaving to genetics – to Canadian blood – fails to reflect the realities of Canadians’ lives and practices of family formation. We can do better.

Taking the lead from provinces that already have provisions for parentage determination in situations involving reproductive technologies, a revised Citizenship Act (or regulations) could require that Canadian parents register their intent to seek out reproductive services and the possibility that their child could be born abroad.

Parents could be required to provide supporting evidence from health care providers; and the Canadian regulations might limit recognition to certified providers, clinics or hospitals. Such provisions would apply to people normally resident in Canada who seek out foreign reproductive health services, and would address a broader social interest in the health and well-being of Canadian-citizen parents and children, as well as international human rights obligations to protect women from exploitation. For Canadians who are resident abroad and thus less likely to be aware of Canadian legal developments around parentage, the Act could rely on the parentage provisions of the country of residence – as it currently does for the definition of a child.

In the context of Canadian citizenship and foreign adoptions, Canadian law underscores the importance of a genuine parent-child relationship. By contrast, the citizenship of children born to Canadian parents requires only genetics. Surely people who pursue parentage through the use of reproductive technologies are sufficiently genuine in their intent to form a parent-child relationship that they, too, can confer citizenship on their children. It’s time for Canada’s Citizenship Act to catch up.

Source: Canadian citizenship in assisted reproduction

US Businesses Wage Two-Front War Against 2020 Census Citizenship Question

Similar to the concerns of Canadian business when the Harper government cancelled the mandatory census in favour of the less accurate voluntary National Household Survey:

Leading U.S. businesses have been pushing back against the White House’s anti-immigrant policies since the weeks following Inauguration Day, and now they have joined the fight to keep a controversial new citizenship question out of the 2020 census.

The legal battle over the new census question has been in the media spotlight as a lawsuit—joined by major U.S. business organizations—inches closer to a Supreme Court hearing.

In the trenches, though, an equally important fight is shaping up. If the courts preserve the new citizenship question, major U.S. businesses are already in position to launch a holistic, boots-on-the-ground outreach campaign to encourage census participation.

Why U.S. businesses need an accurate census

The new census question asks, “Is this person a citizen of the United States?” It further breaks down the question with different boxes to check for persons who are born in the U.S. or Puerto Rico and other territories, born abroad with at least one U.S. citizen parent, naturalized citizens, and lastly, “No, not a U.S. citizen.”

All things being equal, the question is a straightforward one. However, under the current administration, anything related to immigration is far from innocuous. Critics—and they are numerous—argue that the question appears deliberately designed to discourage counting in urban areas where immigrants congregate.

An inaccurate census may serve political purposes, but it is anathema to the U.S. business community.

Earlier this week, Reuters took a deep dive into the relationship between the business community and the Census Bureau and noted several significant reasons why U.S. businesses depend on accurate data:

“Retailers like Walmart and Target Corp use Census data to decide where to open stores or distribution hubs, and what to stock on shelves,” wrote Reuters reporter Lauren Tara LaCapra. “Big banks like JPMorgan Chase & Co use the information similarly for branch strategy, and real-estate firms scrutinize the statistics to determine where to build homes and shopping centers. TV networks like Univision, meanwhile, rely on the numbers to plan programing in local markets. And the Census is an important input for tech giants like Google when they create myriad data-based products, such as maps.”

To cite just one example, Amazon’s multi-city search for a second headquarters also harvested Census data to aid the company’s decision making, LaCapra explained.

How U.S. businesses can help ensure an accurate census

In this context, a new census question that could discourage millions of U.S. residents from participating—or participating accurately—is a bottom-line bombshell.

Nevertheless, there is an opportunity for businesses to step forward and take the lead, even if the new census question survives in court.

LaCapra of Reuters suggests that U.S. businesses have already amassed experience in encouraging census participation at a grassroots, face-to-face level: “Ahead of the 2010 Census, McDonald’s Corp featured information on restaurant placemats, Walmart greeters handed out flyers, big retailers featured reminders on receipts and utility companies stuck inserts into electric, gas and water bills.”

Intentionally or not, AB-InBev has already taken the lead on the 2020 census. The global company’s Budweiser brand touched off a media firestorm by unveiling a pro-immigrant advertisement at the 2017 Super Bowl.

Partnering with the U.S. census bureau

That could be just a small harbinger of private-sector participation in the 2020 census.

The U.S. Census Bureau itself provides guidance for companies that want to get involved in the 2020 census. It is actively recruiting private-sector partners through its Integrated Partnership and Communicationsprogram, which is tasked with “building ties with more than 300,000 state, local, and tribal governments, community-based organizations, nongovernmental organizations and advocacy groups, and the private sector.”

The IPC program appeals directly to the corporate social responsibility movement, explaining that “you benefit by fulfilling your CSR goals, accessing our personalized data training and information services, networking with other businesses you otherwise wouldn’t encounter, and engaging with your customers and employees around a civic duty.”

IPC is keenly aware of brand reputation, telling companies: “You have invested heavily in understanding how to reach and how to communicate with your customers and employees. You are trusted brands and trusted voices.”

Furthermore, IPC underscores the bottom-line benefits:

“The 2020 Census data will help you create projections of growth to identify prime locations to open new operations or close old ones. You can enhance your hiring practice and identify skilled workers. Our data provide valuable information on your customer base (income level, household size, homeownership status) to inform your pricing and location strategies.”

Helping the Census Bureau help you

As IPC partners, companies receive messaging, branding and guidance on spreading the word. That includes basics like sharing a link to the 2020 census on company websites, providing Internet connections and free call time to underserved households, and hosting community educational events.

IPC also suggests that companies engage in commentary, through op-eds and similar content, to explain why partnering with the Census Bureau is so important to them.

In addition, the IPC guidance aims to build the 2020 census-taker workforce. IPC partners are asked to advertise Census job openings and help applicants with filling out forms. That can include providing transportation to libraries and other locations where help is available, or where training sessions are located.

That’s just for starters. IPC also encourages companies to sign up for Census Bureau news alerts, spread the word by following @uscensusbureau on Twitter, and distribute Census bureau infographicsand other materials. The organization also hosts workshops to develop local solutions to specific challenges in their community and generate commitments to tackle them.

How brands can take stands supporting the census

IPC also asks companies to use text messaging and social media to encourage Census employment and participation. In that regard, IPC has one particularly salient piece of guidance for its partners, and that is to “actively monitor, fact check, and correct misinformation on social networks about the 2020 Census.”

Reportedly, the Census Bureau has received “initial” commitments from Facebook, Google and Twitter to clamp down on misinformation.

It will be especially interesting to see how the commitment plays out for Facebook. The company has a years-long history of alleged civil rights violations to account for and overcome, in addition to an ongoing connection with white nationalism and tolerance of white nationalismthrough one of its controversial board members, along with its alleged facilitation of Russian propaganda during the 2016 election.

Companies that have come forward include Levi Strauss & Co, Uber, Lyftand Univision. Yet Reuters also reported that companies involved in the lawsuit against the new census question have been reluctant to publicize their stand, fearing backlash from the Trump administration.

Source: US Businesses Wage Two-Front War Against 2020 Census Citizenship Question

On racism, elections and the media: Paul Adams

Good commentary on the need for more informed media discussion of the substantive issues, and less discussion of the political aspects:

Other than climate change, which is an existential threat to all of humankind, arguably the biggest threat to Western democracies is racism. Politically, liberal democracy is built on the idea of fundamental human equality and the further it strays from that precept the less it is recognizably democratic. Sociologically, societies that are racially complex but racially divided by law or harsh custom are unhappy places where violence lurks and often explodes.

In the United States, the president is the most openly racist in at least a century. He came to political prominence as an Obama birther, launched his campaign smearing Mexicans as rapists, has separated brown mothers from their brown children as a matter of policy and is seemingly intent on winning another minority victory in 2020 by stoking the flames of racial fear among white Americans. In the United Kingdom, a Brexit referendum victory driven in part by fears of outsiders is now also threatening the historic bonds that fasten England to both Scotland and Northern Ireland.

Here in Canada, you do not even have to go to the issue of racist intent to see that Quebec’s Bill 21 — which would ban the wearing of religious symbols such as the turban, the hijab and the kippah for many public servants — would be racist in its effect, hitting mainly people of colour and Jews. And in the last few days, the pollster Frank Graves has released data suggesting that opposition to the immigration of visible minorities is rising in Canada.

At one level, this might not seem very different from the other controversial issues journalists cover as a matter of routine: economic inequality, tax levels, education spending and so on. However, I think it presents unusual challenges that the media may not be entirely prepared to cope with.

It is the conceit of modern mainstream journalism that it stands outside of ideology. It is neutral, balanced, objective. If someone wants higher taxes to fund social programs and someone else wants lower taxes to stimulate the economy, reporters quote both sides of a debate, excavate some relevant data, and leave it to the readers to decide the argument. This is a powerful idea and has some merit. Many of us consume the news to inform us as citizens and not to be told what to think or do.

On the other hand, it can lead to the laziest conjuring trick in the journalist’s kit: what is sometimes called false balance. For a couple of decades, this was most obviously a problem with the coverage of climate change. Even as the evidence of human-caused climate change grew and the scientific consensus became close to complete, many journalists ran back and forth, got quotes from credible scientists, balanced them with a quotes from increasingly isolated and eccentric, often industry-backed “climate skeptics,” threw in a little data and let the readers decide. And in this way they failed the journalist’s responsibility not just to be fair, but to be rooted in evidence (as indeed scientists should be). Only very recently has this trend been significantly corrected.

In the case of racism the challenge is further complicated by the way in which it is being metabolized politically. Frank Graves’ most interesting finding was not that opposition to non-white immigration has recently risen. In fact, as he points out, it has sometimes been this high in his data in the past. What’s most striking is the degree to which it has become a partisan issue. Just six years ago, roughly half of Conservative supporters said too many immigrants were visible minorities; today the figure is over two-thirds. Meanwhile, among Liberal supporters, the trend has been the opposite. Six years ago about a third of Liberals were concerned about visible-minority immigration. That figure has now fallen to less than one-in-seven.

The supporters of our two main parties are polarizing around the issue of race and we are in an election year.

I don’t think even his harshest critics would claim Andrew Scheer is a Trump-style racist. In the immediate aftermath of the New Zealand massacres a few weeks ago, his first reaction (or that of his staff) was to tweet out condolences, somehow neglecting to mention that the murders took place in a mosque and the victims were Muslims. After some hours of barracking for those omissions on social media, including from some prominent conservatives, he did a very un-Trump-like thing and issued a new statement that got it right.

Scheer does not appear to be personally racist, but he needs the votes of people who are. He is not a white nationalist, but he shared the “yellow vest” platform on Parliament Hill with Faith Goldy, who was let go by The Rebel for her sympathetic coverage of the anti-Semitic and anti-black Charlottesville demonstrations, has given an interview to the neo-Nazi Daily Stormer, and who was recently bounced from Facebook — not an easy thing to accomplish — for her views. Let’s just say she is not the sort of person in whose company Preston Manning would have wanted to be seen when he was a party leader.

Naturally, the Trudeau Liberals, mired in political troubles of their own making, and with a political base that may be getting more liberal on race according to Graves’ numbers, is using this as a cudgel. Trudeau has taunted Scheer to denounce white supremacists. Scheer’s reaction has been rather delicate, denouncing the sin of white supremacy but appearing reticent to name the specific sinners.

The danger in all this is that it invites journalists to rely on another bit of professional sorcery: that is, converting any matter of substance into a political issue. Instead of trying to understand the place that race and racism has in our society, our discourse, our policy and our laws, we are tempted to convert it into a political spectator sport. At best, that means running back and forth between Trudeau and Scheer chronicling jabs and counterpunches. At worst, it means that any serious discussion of race and racism with be replaced with public disgust at “smears,” “name-calling” and “negative campaigning.”

We need much more journalistic work to understand the roots of more overt racial hostility in Canada, and their connection to economic conditions, patterns of immigration and embedded cultural impulses that may have been dormant or suppressed. We need to understand the role of the internet and social media culture. We need to distinguish between overt racists, unconscious racists, and those who are not actively racist themselves but who are willing to tolerate those who are. More than anything, we need to understand the experiences and perspectives of those who are the targets of racism.

We need to understand better how our political system has allowed people like Goldy to walk onto a political (and media) stage where not long ago they would have been unwelcome. We need to be careful about unthinkingly labelling Scheer a racist, but also to understand the political dynamics that are shaping his party, its policies and its rhetoric.

We also need to pry apart the Trudeau government’s rhetoric and its policies (most notably on refugees). We need to understand better why the Liberal party’s supporters have grown so quickly so much more liberal on race, and to what extent this is real and to what extent just an artifact of partisan polarization.

And finally, those of us in journalism need to examine our own role. Journalism should not be indifferent to the health of our democracy; when journalism is done well it is a pillar of democracy as well as dependent on its liberties to thrive. We are still far from the point where we have an open racist sitting and chiming in on the “At Issue” panel with Rosie, Andrew and Chantal. But Ann Coulter, the American commentator who sees non-white immigration as a form of genocide, has often been interviewed on Canadian television. Gavin McInnes, founder of the sometimes-violent “Proud Boys,” has appeared on the CBC News Network to defend a bounty on the scalps of Mi’kmaq people in the 18th century as reasonable public policy for the time.

Racism raises complex journalistic issues that are not as simply solved as banning people from the airwaves. It may be that in the world of the internet and social media, journalists no longer have the ability they once did to police who inhabits the public square. They need to report on racism without fuelling it or giving it a platform. But with racism, as with climate change, journalists should not be confused about which side they are on.

Source: On racism, elections and the media

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