Proposed bill would allow undocumented immigrants to serve in military for citizenship | ABC10.com

2017/01/09 Leave a comment

The US has long had a process for immigrants to join the military and then have a pathway to citizenship. C-24 included a similar provision. This proposal takes it one step further:

A proposed bill would allow qualified young undocumented immigrants to serve in the military and earn citizenship in the United States.

U.S. Representative Jeff Denham (R-Turlock) re-introduced the Encourage New Legalized Immigrants to Start Training Act (ENLIST Act) this week.

The measure applies only to undocumented immigrants who were under the age of 15 when they were brought to the U.S. by their parents prior to 2012.

The ENLIST Act doesn’t guarantee children of undocumented immigrants would be accepted into the military. Applicants still have to meet strict military requirements including speaking English, passing a background check and having a high school diploma.

Denham first introduced the ENLIST Act in 2013. He served with many immigrants during his 16 years in the Air Force where he participated in Operations Desert Storm and Restore Hope.

Denham told ABC10, his history of serving in the military is one of the reasons which inspired the ENLIST Act. He stressed the importance of acknowledging immigrants’ long time role in the U.S. military.

“We have a history over the course of our country,” Denham said.

The congressman also said he’s pushing for immigration reform because the U.S. needs an overall immigration solution to the broken system.

“We need to have a broader discussion about Dreamers,” Denham said in reference to undocumented immigrants who arrived to the U.S. as children and assimilated into American culture, as well as attended U.S. schools.

Denham explained the need to address what happens to this group after high school. While some may advocate for sending children of undocumented immigrants back to their country of origin, the congressman said the U.S. is the only country this group knows.

Source: Proposed bill would allow undocumented immigrants to serve in military for citizenship | ABC10.com

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Apex Capital Partners Corp. Staunchly Supports Citizenship by Investment Programs in the Caribbean

2017/01/06 Leave a comment

I always find the spin in these puff pieces amusing, defending consulting industry practices:

On January 1, CBS aired an episode of 60 Minutes entitled “Passports for Sale” that highlighted the growing Citizenship by Investment industry, fueling globalization and facilitating the movement of capital and individuals around the world. During the segment, multiple on-camera interviewees brought forward concerns surrounding the due diligence performed by countries providing citizenship in exchange for a one-time fee or investment within said country.

Apex Capital Partners Corp. is an internationally recognized financial services firm that provides end-to-end execution in areas such as second citizenship; business immigration; wealth management; and real estate investment opportunities. The firm interacts directly with many governments mentioned in the segment including Antigua and Barbuda, Cyprus, Saint Lucia, Dominica, and Saint Kitts & Nevis on behalf of its clients. Many of the countries APEX works with provide citizenship that facilitates ease of travel, simplifies financial management, and offers a high quality of life.

“While 60 Minutes certainly featured concerns expressed over the years, most of the countries and services providers participating in these Citizenship by Investment Programs are doing so via a successful process that supports domestic growth as well as the individual citizen,” said Nuri Katz, Founder and President of Apex Capital Partners Corp. “Our team witnesses it firsthand the extensive due diligence process which involves background checks and interviews, while also conducting information exchanges within the international community, including numerous foreign governments. The programs we recommend are credible, best of breed programs which rely upon maximum possible oversight.”

“The country of Dominica realizes not only the importance of providing a transparent Citizenship by Investment Program, but also the key role the industry plays in fueling economic growth,” said Dominica Prime Minister Roosevelt Skerrit. “We have carefully developed this program, conducting extensive background checks and reviews for global citizens who wish to contribute to our country.”

“Saint Kitts and Nevis has taken great strides to present what we consider to be one of the most attractive and well-guarded Citizenship by Investment Programs in the world,” said Saint Kitts and Nevis Prime Minister Timothy Harris. “First and foremost, our efficient process is designed to benefit our citizens and the local economy, attracting only top-tier international citizens, while remaining supremely conscious of our responsibility and commitments to the international community of nations. Saint Kitts and Nevis is highly regarded as a responsible member of the international community, and is compliant with its international obligations.”

The segment, while likely inadvertent, incorrectly claims that the industry was created by a service provider in the last decade. In fact, the industry was created in 1984 by Saint Kitts and Nevis when they launched the first Citizenship by Investment Program, which was then followed by Dominica with the launch of a similar program in 1994. Similarly, in a clear conflict of interest, an individual named Peter Vincent raises significant questions surrounding due diligence for countries mentioned in the segment, while curiously omitting that his present employer, Thomson Reuters, is actually a due diligence services provider, commercially competing to be hired by those countries that have Citizenship by Investment programs. Unfortunately, his role and clear conflict of interest in participating in the segment is not mentioned by the journalists or its producers.

APEX applauds 60 Minutes for the focus it has placed on the Citizenship by Investment industry and believes due diligence is of the utmost importance to these programs. In fact, many of the due diligence providers relied upon by these countries are first world and internationally acclaimed. As one of the leading international boutique investment firms to operate in this sector, APEX is proud to identify much-needed alternative sources of financing, for domestic infrastructure and other budgetary needs. APEX looks forward to the positive economic support these programs have for countries around the world, their respective citizens, and the future growth of the industry.

Source: Apex Capital Partners Corp. Staunchly Supports Citizenship by Investment Programs in the Caribbean

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ICYMI: US Immigration fees jump for the first time since 2010, making it tougher for would-be Americans

2017/01/05 Leave a comment

immigration_fees_jump_for_the_first_time_since_2010__making_it_tougher_for_would-be_americansIn contrast to Canada, US CIS is a revolving fund, with all fees raised used for the citizenship program. In Canada, any increase in fees goes to the Consolidated Revenue Fund (general government revenues), with no direct link to the citizenship program expenditures:

For the first time since 2010, the Department of Homeland Securityhiked a range of administrative fees for citizenship applications — in a few cases more than doubling the costs of key services. Any new petitions filed after Dec. 23 will not be accepted unless they include the higher fees.

The U.S. Citizenship and Immigration Services, the agency charged with handling immigrant applications, said in a statement the proceeds will help cover detecting fraud, processing cases and a range of other administrative costs, in what USCIS called a “weighted average” price hike of 21 percent.
Experts say the stiffer bureaucratic costs means the path to becoming an American could become a heavier burden for many cash-strapped would-be citizens. However, USCIS justified the price hike by arguing the agency was almost exclusively funded through the fees paid by petitioners, and needed the cash infusion.

Still, USCIS Director Leon Rodríguez said in a statement that the agency was “mindful of the effect fee increases have on many of the customers we serve,” which is why it waited so long to increase fees.

Peter Boogaard, a spokesperson for the Department of Homeland Security, told CNBC that along with the new fees, “USCIS will also offer a reduced filing fee for certain naturalization applicants with limited means.”

Still, “these changes are now necessary to ensure USCIS can continue to serve its customers effectively,” he added.

US citizenship ‘as soon as possible’

The new pricing could have far-reaching implications for the vast number of immigrants that vie for U.S. citizenship on an annual basis. Each year, USCIS naturalizes hundreds of thousands of new citizens.

Source: Immigration fees jump for the first time since 2010, making it tougher for would-be Americans

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Feds want expat voting rights case adjourned due to proposed legislation

2016/12/21 Leave a comment

The proposed legislation of C-33 extends voting rights indefinitely, no matter how short the period of living in Canada. The Ontario Court of Appeal ruled in favour of the current five-year maximum absence rule, which was being appealed, with the Government now requesting adjournment given C-33. The appellants are arguing that the case should be heard. To watch.

Given that I do not favour the government’s proposed approach, I think it would be helpful for the Supreme Court to pronounce, as I am not convince by the public rationale nor some of the legal filings made by the appelants:

Proposed legislation granting long-term Canadian expats the right to vote will render a court fight over the issue moot, the federal government argues in new filings.

As a result, the government is calling for a year-long adjournment of a Supreme Court of Canada hearing – set for February – in which two expats were expected to challenge parts of the Canada Elections Act that have disenfranchised them.

“If Bill C-33 is enacted in its current form, the appellants will have the right to vote in future elections,” the government says in its motion to the chief justice. “An adjournment of the appeal is warranted to allow Parliament to debate and consider the bill.”

At issue in the legal battle is a ban on Canadians’ voting in federal elections if they have lived abroad more than five years. Ontario’s top court has upheld the restriction as constitutional, prompting the pending the Supreme Court challenge.

The government says putting the case on hold until the top court’s 2018 winter session would respect Parliament’s role in deciding important public policy issues. It would also be in keeping with not wasting court resources by spending time deciding on an issue that will likely have been resolved and would therefore be “moot,” the government says.

The two plaintiffs, however, argue that Canada’s highest court should reject the government’s adjournment request.

They argue expats won’t be able to vote in at least three byelections scheduled for before the legislation becomes law. They also say it’s not certain the bill – introduced in November – will in fact pass, and that the decision by the Ontario Court of Appeal upholding the voting restrictions was wrong and needs to be dealt with.

The key underlying point, the expats argue, is that the Supreme Court should affirm their right to vote is guaranteed by the Constitution and should not be subject to government whim.

“The appellants are highly vulnerable to any change in policy on protecting the right to vote of non-resident Canadians by future governments,” they say in their court filings. “Review by this court remains necessary, and delay is unwarranted.”

Gillian Frank, one of the two plaintiffs who live in the United States, said he was thrilled the Liberal government introduced Bill C-33, saying it would make Canadian democracy “more robust and inclusive” if passed.

At the same time, he said, the government’s adjournment request is premature and goes against the “democratic spirit” of their promises. In any event, he said, the Ontario Court of Appeal decision cannot be allowed to stand.

“Any government could remove our right to vote in the future,” Frank said in an email Monday. “The Liberals should support Canadians abroad at the (Supreme Court) and help us in our efforts to obtain a decision that will permanently protect our right to vote.”

The federal government has long argued the restriction on expat voting – enacted in 1993 but only enforced under the former Conservative government of Stephen Harper – was a reasonable and legitimate policy decision that in no way violates the Constitution.

Ontario’s Court of Appeal upheld that view in July last year, overturning a 2014 ruling that had declared the legislation unconstitutional.

Source: Feds want expat voting rights case adjourned due to proposed legislation – The Globe and Mail

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USA ICYMI: Fight Continues to Close Citizenship Loophole for Adoptees

2016/12/17 Leave a comment

Another example of people falling between the cracks through no fault of their own:

Today Adam Crapser calls Korea home, a home he hasn’t been to since he was just 3 years old. But a ruling just last month called for the Korean-born adoptee to be returned to his birth country despite having no connections or family in Korea, nor any understanding of the Korean language.

For the past year, Adam Crapser has been the poster child for the Adoptee Citizenship Act, as he has fought to stay in the United States. Adopted at age 3 by American parents, Crapser was abused by his adoptive parents who never made sure to file for Crapser’s American citizenship. Later adopted by another abusive family, no one ever took care of the paperwork necessary to get his citizenship complete, something that automatically occurs for children adopted internationally after 2000 thanks to the Child Citizenship Act. The loophole in the law has eft an estimated 30,000 adoptees vulnerable to deportation because their parents did not fill out the proper paperwork for their citizenship, according to the Adoptee Rights Campaign.

For Crapser, that meant coming under scrutiny after acquiring a criminal record, in part in an effort to retrieve belongings from his second family, who were convicted of a number of serious criminal charges due to their treatment of Crapser.

Crapser’s attorney on the case, Lori Walls, said Crapser’s story is similar to other cases she’s worked on and seen over the years. Walls began working with Crapser in 2015 after Crapser heard about the successful outcome for one of Walls’ other Korean adoptee clients caught in a similar predicament. In that case the outcome was more positive, but that adoptee’s criminal charges were also less severe than Crapser’s. Regardless, Walls said it’s a travesty that children brought to the United States and adopted by American parents should face such harsh penalty for circumstances beyond their control.

“The United States government facilitated these adoptions and it’s outrageous that the government is now deporting these people,” Walls said. “It doesn’t make sense that someone who entered as an infant or toddler is subjected to deportation proceedings as an adult.”

For that very reason, Rep. Adam Smith, D-Wash., has been working to change the loophole through the introduction of the Adoptee Citizenship Act. If passed, the act would grant citizenship to adoptees whose parents and guardians failed to go through the proper channels to ensure their child’s citizenship.

“We’re talking about people who have no connection whatsoever to their birth country,” Smith said. “They’re subject to the laws of the United States if they commit a crime, but they shouldn’t be subject to deportation.”

For that same reason the Citizenship Act of 2000 was passed to provide adoptees with immediate citizenship upon adoption. However, the law didn’t retroactively cover children adopted prior to 2000.

Source: Fight Continues to Close Citizenship Loophole for Adoptees

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For racialized communities, electoral reform is about more than voting | Toronto Star

2016/12/16 Leave a comment

While Avvy gets the numbers wrong – there are 47 visible minority MPs, not 46  (14 percent), close to the 15 percent of visible minorities who are also Canadian citizens and who can vote, her broader point on the need for better representation would benefit for more attention to the declining naturalization rate, and how that disproportionately affects visible minorities, and hence participation in elections (see Citizenship Applications: Third Quarter Continues to Show Decline).

Moreover, while it is legitimate to criticize the specific choices of which  visible minorities made it into Cabinet (four Canadian Sikhs, one Afghan Canadian), a broader look at senior political positions (parliamentary secretaries etc) and Senate appointments presents a more nuanced picture (see my Government appointments and diversity).

My focus is more on the declining naturalization rate given the longer term impact on social inclusion/cohesion and representation:

When the 46 so-called “visible-minority” MPs were elected to the Canadian Parliament in the 2015 election, some media called it a “watershed” moment in our history and a victory for Canada’s multiculturalism. In reality, out of a total of 338 seats, the politicians from different communities of colour represent just over 13 per cent of Parliament, while about 19 per cent of Canada’s population is made up of people of colour, with the largest three groups being South Asian, Chinese and black, who together made up 61 per cent of all communities of colour. When Trudeau named his cabinet, one that he described as looking like Canada, not one Chinese or black made it to his short list.

Today, tens of thousands permanent residents of Canada are denied the right to vote because of the strict naturalization law, not to mention the 200,000 or immigrants with precarious status who have lived and worked in Canada for years, in some cases decades, without ever given a chance to regularize their status.

As Canadians ponder which electoral system will be best for our democracy, considerations should be given for the following two questions:

  • Which electoral system will be best able to engage the marginalized communities, including racialized communities and new Canadians, in order to ensure their full participation in the democratic process.
  • Regardless of which system is chosen, what can we do to make our political bodies more fully reflect the makeup of Canada?

On both questions, the special committee report fell short. While the Report did make some passing references to the need to increase representation of “visible minorities,” no specific recommendation — or an attempt to come up with one — was made to address this issue.

This is in contrast with the committee’s treatment of some of the other under-represented groups, or groups that are not as engaged in the political process as they should, such as indigenous peoples, students, youth, people with disabilities, and women, where there were specific sections in the report devoted to analyzing how to increase their democratic purification, and in the case of indigenous people and women, their political representation. But even then, the committee did not offer any concrete solutions for these critical challenges.

The government has since been hosting its own online consultation to gather public opinion. Apart from offering no public education or information about the electoral reform process or the various possible options, the questions posted on Mydemocracy.ca are replete with false dichotomy.

Canadians are asked a number of “either-or” questions, as if the choices presented are mutually exclusive. One question assumes, for instance, a system that requires greater collaboration among parties would be less accountable. Another asks Canadians to choose between improving representation of under-represented groups and greater political accountability.

While there is no perfect system, there is no reason why we cannot aspire to design a system that is inclusive, accountable, and above all, responsive to all Canadians.

Source: For racialized communities, electoral reform is about more than voting | Toronto Star

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C-33 Election Act Amendments: Expatriate Voting, Minister Monsef’s Rationale for No Restrictions

2016/12/14 Leave a comment

Given my opposition to the proposed indefinite expansion of voting rights to Canadian expatriates who had lived at any time, no matter how short in Canada, I was curious to listen to Minister Monsef explain the government’s rationale for proposing an approach at PROC (Procedure and House Affairs Committee).

Monsef spent more time on the proposed indefinite granting of voting rights to Canadians who have lived once in Canada than the other provisions in the Bill.

This proposed approach undermines the value and meaningfulness of Canadian citizenship and does not appear as a specific commitment  in Minister Monsef’s mandate letter unlike the other provisions of C-33.

However, and arguably, it fits philosophically, within “repeal the elements of the Fair Elections Act which makes it harder for Canadians to vote” (the five year limit on expatriate voting dates from 1993 under the Chrétien government but was only enforced by the Harper government).

Her main arguments, similar to those made by advocates, were that ongoing globalization meant more Canadians, particularly youth, were living and working abroad, sharing Canadian values and bringing Canadian ways of doing things to the world, along with bringing the world back to Canada.

The right to vote was a fundamental right as “a Canadian is a Canadian is a Canadian,” but noted that the current case before the Supreme Court will still be heard.

The Minister stated that she had received many emails from expatriate Canadians who pay attention to what is happening in Canada and who want to participate in elections.

The government believes it is neither right nor fair to limit the vote to expatriates who have spent five years or less abroad. Granting the right to vote to the “over one million” Canadians abroad was only fair.

There was no real questioning on this provision by Committee members.

Bizarrely, she raised the issue about extending voting rights to the children of Canadians who had never lived in Canada, as an area that should be discussed in Committee.

It is hard to tell whether the floating of voting rights for Canadian citizens who have never lived in Canada is serious or is a trial balloon. In either case, it should be shot down, as it makes a complete mockery of our democratic system and citizenship to have such an extreme disconnect between residency and voting.

Nor should this trial balloon detract from the substantive issues regarding granting indefinite voting rights without any requirements, either time limits, declarations, or visits to Canada.

In terms of those plaintiffs in the Supreme Court case, either the Australian or New Zealand approach (declarations or visits) would address their concerns given their personal and active connection to Canada. But opening this to all, many if not most to not have this ongoing connection, is a mistake.

Sigh …

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What happened to Canada’s support of democratic rights in Hong Kong? [expatriate voting aspect] – David Mulroney

2016/12/13 Leave a comment

Good column by former colleague and former Ambassador to China David Mulroney on Hong Kong and support for democratic rights.

And appropriate put-down of the Government’s Bill C-33, and its provision to grant indefinite voting rights without any corresponding commitment and responsibility:

Mr. Patten was particularly scathing in his commentary about independence advocates, whose campaign, he said, “dilutes support for democracy.” This was interpreted as criticism of two lawmakers, supporters of independence, who have been forced to vacate their seats. The duo had refused to take the official oath of office, substituting wording that could be considered offensive to China. Their actions sparked legal intervention by China’s government even before Hong Kong’s own courts could consider the issue.

It’s hard to argue with Mr. Patten’s assessment. Pushing for Hong Kong’s independence is wildly unrealistic and, given China’s sensitivity and volatility, irresponsible. But it is also an understandable expression of local frustrations given how little effort has been devoted to exploring more moderate options for democratic governance. If Hong Kong’s leaders, and friends such as Britain and Canada, had remained true to the vision of one country, two systems, the city’s residents would today have at least some say in charting their future. Instead, they are condemned to a form of governance in which they are asked to take up the responsibilities of citizenship without the corresponding rights.

The reverse is true for that fortunate minority among Hong Kong’s seven million residents who also happen to be Canadian citizens. The recently-introduced Bill C-33, which amends the Canada Elections Act, would offer the right to vote to all Canadians residing overseas, as long as they have lived in Canada at some point. It eliminates a previous provision that restricted voting rights to expatriates who had been absent for fewer than five years. The bill is big news in Hong Kong, where a Canadian community of roughly 300,000 includes emigrants to Canada who have since returned, and Canadian-born expats lured by Hong Kong’s low-tax, business-friendly environment.

Passage of the bill will encourage much chest-thumping about Canada’s support for democracy, but it is hard not to see in this something slightly different. Ottawa is offering up one of the most important rights of citizenship, the right to vote in elections back home, without reference to any corresponding responsibilities. This is politically astute, but not particularly courageous. Real support for democracy requires more ambition and more honesty.

Britain, Canada and other democracies have not lived up to their 1997 commitments, failing to follow up with the training programs, institutional exchanges and official encouragement that could have assisted the gradual emergence of healthy democratic institutions in Hong Kong. And they neglected to hold China accountable for its own commitments.

Source: What happened to Canada’s support of democratic rights in Hong Kong? – The Globe and Mail

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Switzerland: Do strict citizenship laws help or hurt integration? – swissinfo.ch

2016/12/10 Leave a comment

On how Switzerland makes it particularly hard to participate and integrate:

Since permit and citizenship laws have become tied to social aid money, both Müller and Chukwunyere have worked with people who try to avoid taking such payments because they know the consequences.

“They would definitely be eligible for social aid and are considered working poor. But they don’t want the support anymore – and what does that mean for their children?” Chukwunyere wonders.

Müller mostly sees the laws affecting young immigrants who have no choice but to take social aid money when they become adults because their families depended on it throughout their childhood.

Usually, those young people aren’t after citizenship – at least not right away – but they do want to get a residence permit that gives them a better chance on the job market in Switzerland. To get a better permit, they also have to prove they’re not getting social aid and pay it back in some cases – nearly impossible for young people just starting out on their own.

“Those with certain types of permits aren’t eligible for scholarships, so they’re forced to take social aid money at age 18,” Müller explains. “Unless they don’t do an apprenticeship and look for a job right away, but that’s not what’s generally encouraged in Switzerland.”

“It is a big goal for young immigrants to get another type of permit,” Müller says. “And you’re taking some hope away from them if you tell them that it will be more difficult to get that permit if they take social aid money.”

More laws

Although Elif and Emre feel discouraged that they will have to wait nearly another decade to become Swiss, they say they’ll wait it out and fight for the law to be repealed in the meantime.

But political winds may be blowing against them, with similar laws being debated or in place in other cantons such as Uri, Basel City and Aargau. And the new national citizenship law, which will come into force in 2018, will have a similar effect because it requires applicants for naturalisation to have a permanent residence permit, generally only obtainable for those who pay off their social aid debts.

Meanwhile, the number of citizenship applications in canton Bern have increased again after having fallen off considerably following the approval of Hess’s law.

“I’m sure there would have been even more applications without the law,” Hess said of the rebound in Bern’s Der Bund newspaper, adding that his party advocates for quality and not quantity when it comes to citizenship and that today’s citizens are better integrated as a result.

But Chukwunyere wonders where that leaves the quarter of the Swiss population without a passport.

“Research shows that a person only feels at home when they can participate,” Chukwunyere points out. “Here you can only fully participate if you are Swiss. But if you hang the fruit so high that everyone knows they can’t reach it, then you’re achieving the opposite of integration.”

Source: Do strict citizenship laws help or hurt integration? – SWI swissinfo.ch

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Angela Merkel faces party row over calls to scrap dual citizenship for children of immigrants 

2016/12/09 Leave a comment

Tough balancing act in overall European political context:

Angela Merkel was plunged into a new row over immigration on Wednesday when delegates at her party conference voted to end dual citizenship for the children of immigrants.

The German chancellor quickly disowned the decision by her Christian Democratic Union party (CDU), as her coalition partners said they would block it from becoming government policy.

The dispute, a day after Mrs Merkel was re-elected party leader and given an 11-minute standing ovation, threatened to mar the start of her campaign to win a historic fourth term as chancellor.

“There will be no change in the law in this parliament,” she said after the vote, in a clear rebuke to delegates. “I do not believe we should campaign on dual citizenship in the elections as we did in the past.”

In her speech to the conference on Tuesday, Mrs Merkel made a clear play for the party base who had been alienated by her “open-door” refugee policy, vowing never to repeat it and calling for a burka ban.

But the row over dual citizenship was a sign she may struggle to contain the demand for an anti-immigrant line on the party’s emboldened Right wing.

Dual citizenship is an incendiary issue in Germany, where it was not allowed until recent years, and even now is only available to citizens of other EU countries and the children of immigrants.

By a narrow majority of just over 51 per cent, CDU delegates voted to scrap laws introduced in 2014 under which the children of immigrants born in Germany are allowed to retain dual citizens as adults.

Source: Angela Merkel faces party row over calls to scrap dual citizenship for children of immigrants 

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