The contract of Nigerian citizenship and diaspora voting

Of note, Nigerian debate over diaspora/expatriate voting, with relevance to Canada given the large number of Nigerian immigrants (among the top 5 in recent years):

In civilized democracies around the world, the constitutional architecture of public offices rightly prioritises the office of the president, prime minister, governor, mayor, member of parliament etc. Now, none of those offices would exist but for those who put them there and, therefore, to whom they are ultimately accountable: citizens.

The hypothesis therein is that the office of the citizen or, the citizen, is, upon the singular criterion of the power to hire and fire; more important that of the president, prime minister, mayor, governor, member of parliament or national assembly member! That is because all those office holders can be impeached for criminality, wrongful acts or omissions or a combination thereof by citizens, through their elected representatives. More importantly, sovereignty belongs to the people (citizens) of Nigeria from whom government derives all its powers and authority by virtue of section 14 (1) of the Constitution of the Federal Republic of Nigeria 1999, as amended, (“the Constitution”). What would be the point of any government without citizens anyway?

Who then is a citizen? The Constitution specifies 3 categories of citizenship; first, by birth; second, by registration, and third, by naturalisation. Citizenship, by virtue of section 25 (1) (a), (b) and (c), encompasses; every person born in Nigeria before independence, 1st October 1960, either of whose parents or any of whose grandparents belongs to, or belonged to, an indigenous Nigeria community. It includes every person born in Nigeria post-independence, either of whose parents, or grandparents, or any of whose grandparents is a Nigerian citizen; and every person born outside Nigeria either of whose parents is a Nigerian citizen.

Subject to the provisions of section 26 therein and strict residency requirements, a person, whether single, or married to Nigerian citizen, may be registered as a Nigerian citizen if such a person is of good character, establishes a clear intention to be domiciled in Nigeria, takes the statutory oath of allegiance to the country. Section 27 of the Constitution also establishes the modus operandi of citizenship by naturalisation upon similar foundations as that of registration.

Thus, a de facto social contract is established by the Constitution between citizens and government in that the “security and welfare of the people shall be primary purpose of government”, and the “participation by the people (citizens) in their government shall be ensured in accordance with the provisions of this Constitution” Section 14 (1) (a), and (b) therein, establishes that on the one hand; and, the fact that the people must abide by the laws of the land and, when abroad, obey the laws of those countries, on the other hand. That social contract in turn entitles, upon compliance with the relevant laws, people to the fundamental rights embedded in sections 33 through 43 inclusive of the Constitution. These include the right to: life, dignity of the human person, personal liberty; private and family life; freedom of thought, conscience and religion; freedom of expression and the press; peaceful assembly and association; freedom of movement; freedom from discrimination; and the right to acquire and own immovable property anywhere in Nigeria. These rights are not inviolable and may lawfully be derogated pursuant to section 45 (1) (a) and (b) of the Constitution in the interest of defence, public safety, public order, public morality or public health.

Today, September 7, 2022, Nigerian citizens domiciled abroad that is, Nigerians in diaspora, are not legally allowed to vote in Nigerian elections from their countries of domicile. In other words, they have been, and are being, disenfranchised and discriminated against.

This is a clear and present violation of the explicit provisions of section 42 (1) (a) which establishes that “a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person – be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria or of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject.”

The extant discrimination against Nigeria’s own citizens by the state, in violation of established constitutional provisions is perplexing and raises several pertinent questions.

One, is diaspora voting technology rocket science in the 21st Century? Alas, it is not! Afterall, if today’s smart encryption technology enables natural and unnatural persons to undertake secure financial transactions on a variety of portable devices, across continents and diverse time zones, why not electronic voting in diaspora?

Two, is there an absence of political will? Self-evidently! The International Institute for Democratic & Electoral Assistance (IDEA) affirms that Belgium, Canada, United Kingdom, USA are some of the western nations with a mature diaspora voting mechanism. IDEA also establishes that Angola, Benin, Burkina Faso, Kenya (as recently as 2022!), Morocco, Togo and South Africa et al have implemented diasporan voting into their electoral practices. The implication is that if the identified African countries, including a neighbouring state, can implement diaspora voting, there cannot be an objective rationale for discriminating against established Nigerian citizens who wish to exercise their rights to participate.

Three, is diasporan voting a back burner issue, which should not be prioritised? Again, the answer is no! Progressive nations consistently advance the security and welfare of their people (citizens), economic development, prudently manage public finances and, concurrently, discard outmoded practices and policies through innovative reforms. Put differently, citizens rightly expect performing governments to multi-task, and successfully deliver, on cross cutting themes impacting their lives whether its fiscal or monetary policy, national security, healthcare transformation, infrastructure development, education policy and electoral reform, the subject of this treatise.

Besides, the Nigerian Diaspora Commission estimates that there are approximately 17 million to 20 million Nigerians in diaspora who remit in excess of $ 25 billion annually to the Nigerian economy. If Nigerians in diaspora are good enough to remit billions to the home economy, which fuels economic growth in agriculture, education, healthcare, real estate, generates fiscal revenue for all tiers of government and, therefore, increasing GDP, upon what rational logic are they barred from participating in elections from their places of domicile?

To put this into some global perspective, the right to vote was routinely denied African- Americans and women in swathes of America, British and South African history. So, although the American Declaration of Independence was adopted on 4th July 1776, and the U.S. Constitution ratified on June 21, 1788, it took the abolition of slavery in 1865, through the 14th Amendment to the U.S. Constitution in 1866, for citizenship to be granted to all persons “born or naturalized in the United States, including former slaves and established “equal protection of the laws” for all citizens.

Whilst the 15th Amendment in 1870 enunciated that voting rights could not be “denied or abridged by the United States or by any state on account of race, colour or previous condition of servitude”, women only received the right to vote in the mid-19th Century with the adoption of the 19th Amendment; which impeded voter discrimination on the grounds of gender.

In the United Kingdom, women were only accorded full voting rights via the Representation of the People (Equal Franchise) Act 1928. This statute gave women equal voting rights as men irrespective of their age and property-owning status. And, after decades of apartheid in South Africa, free and fair multiparty elections were administered for the first time in 1994, which produced “Madiba” Nelson Mandela as the first indigenous President of that country.

The above abridged historical detour is necessary in order to afford legislators and policy makers a broader and deeper understanding of, and the rationale for, the robust quest for electoral reform manifested, in part, in the extant advocacy for diaspora voting rights. After all, it took centuries for African Americans, all South Africans and women, around the world to gain the right to vote. It would be perverse to turn a blind eye to this pressing issue which, arguendo, will reinforce greater participation by a wider critical mass and, by deduction, reduce perennial voter apathy. The inescapable corollary is democratic credence and not democratic deficiency.

Paradoxically, the Electoral Act 2022 is silent on the question of diaspora voting. Section 9, Part III, of the latter statute, on the National Register of Voters and Voter Registration, does not expressly define a voter. It only makes reference at section 9 (1) (a) and (b) to persons: “entitled to vote in any Federal State, Local Government or Federal Capital Territory Area Council election” and “with a disability status disaggregated by type of disability.” A reasonable inductive interpretation to this provision is that “persons” therein assumes the same meaning as Nigerian citizens with the 1999 Constitution (supra), who have attained majority and suffer no legal impediments to participation in elections.

Synthesising the foregoing, it is recommended that: (1) legislators, irrespective of ideological leanings, seize the political will and enact the necessary reforms to place diaspora voting on the statute book without further delay; (2) amendments be made to the Electoral Act and expressly define a “voter” for drafting precision; (3) because the legal impediments to diaspora voting either wittingly, or unwittingly, creates two categories of citizens. That is, those within Nigerian borders and those domiciled abroad; that dichotomy constitutes an affront to the rule of law and the equality of persons. There cannot be two categories of citizens within the 1999 Constitution. Therefore, the lacuna created by the electoral disenfranchisement of Nigerians in diaspora should be tackled urgently.

Paraphrasing Hilary Clinton above, morality dictates that the integrity of the voting process will be enhanced, not diminished, with diasporan voting.

Ojumu Esq is the Principal Partner, Balliol Myers LP, a firm of legal practitioners based in Lagos, Nigeria.

Source: The contract of Nigerian citizenship and diaspora voting

‘Special treatment’ – different wait times for NZ citizen applicants

Of note, another country with wait time and backlog issues:

Fadi Hamdan, his wife and twin five-year-old daughters will become citizens at a ceremony next month after waiting for a year.

The Auckland IT engineer, who comes from Jordan, said it was galling to see other people go through the same citizenship by grant process in four months – and some quicker still.

“There are people who get their citizenship in 10 days, exactly 10 days. It’s not only a small amount of people, there are 600 people. So there is a special treatment going on, nobody knows about it.”

He was disappointed at the time it took and the lack of information when he asked for updates, querying why his application had failed automatic checks.

While there were not many practical differences between permanent residence and citizenship, a New Zealand passport could make travel simpler for people from countries where visas were usually needed.

For Hamdan, it became critical when his mother fell ill.

“I’m worried about going to see my dying mum. She had a stroke three times. I lost my father in October 2020 during Covid, because of Covid, and I don’t want to lose my Mum.

“We are not asking for an exception, all we are asking for is to be treated fairly and kindly. It will mean a lot, to be honest. It’s the last milestone that we were looking for since we arrived in the country.”

As of 18 August, there were 29,200 applications awaiting an outcome. Of those 9161 were from last year.

A random snapshot showed that on 17 August this year, 179 applications were approved for 2021 and 238 for 2022.

The National Party’s internal affairs spokesman Todd Muller said the backlog was similar to where it was last year when assurances were given about bringing waiting times down.

People would approach their MPs concerned about why their applications had failed to progress.

“It just gives them a huge amount of anxiety because they’ve understood that now they can move from residency to citizenship, they’re told they’ve got everything in order and then it just gets dropped into a big black hole and they don’t hear anything.”

Internal Affairs seemed to be processing recent applications first, which left those already in the queue waiting longer, he said.

Internal Affairs said it was analysing those who failed automated checks and categorising them to speed up the process.

Sixteen staff had been moved over to deal with the surge in passport applications and would move back there.

“The pipe coming into the organisation is bigger than the number of people that we have who are doing this work, particularly when you think about these are the same people who are also looking at the massive surge in passport demand that we’ve had,” said Internal Affairs deputy chief of service delivery Maria Robertson.

Not requiring migrants from English-speaking countries to prove their language ability had sped up their applications, she added.

Internal Affairs said some applications would take longer if the applicant had changed their name, spent a lot of time outside New Zealand since obtaining residency or had committed offences.

Others could be rushed through in urgent situations.

“Some applicants may not have been required to understand English in order to obtain residency – citizenship legislation requires most applicants to have sufficient knowledge of the English language, so sometimes additional checks may be required.

“It is not always easily possible to tell why an application has not passed an initial automated check. It could be related to data from INZ or another government agency or an answer in an application.

“Frontline staff who answer queries from applicants who have not yet been assigned a case officer do not have access to all the relevant information in an application.”

Source: ‘Special treatment’ – different wait times for NZ citizen applicants

Fight for fewer words: Pierre Poilievre promises new law against government jargon

One of the few areas where I agree with Poilievre with respect to public facing information. Harder of course to do so in legislation and regulation.

One of the ironies is that when the previous government was writing the new citizenship guide Discover Canada in 2009, we argued for more plain language for the guide and related test but the political staffer responsible largely ignored our arguments (Discover Canada is written at a high school level, more sophisticated language than the formal CLB 4 requirement):

Pierre Poilievre is waging one of his final battles in the Conservative leadership race — one in which even his main rival is onside.

His latest target? The jargon used by the federal bureaucracy.

In a video posted to social media on Thursday, the apparent front-runner promises to enact a “Plain Language Law,” that he says would bring an end to government jargon, including in legislative documents.

Poilievre began his announcement by invoking the words of Antoine de Saint-Exupéry, the famous French author of “The Little Prince,” who once wrote a line about perfection.

“Perfection is achieved not when there is nothing left to add, but when there is nothing left to subtract,” Poilievre said.

“Unfortunately,” he continued, “our governments do nothing but add and add and add paperwork and forms and endless red tape.”

Poilievre said his new law would ensure government publications are instead written in simple, straightforward sentences,but he didn’t explain how such a law would work — or how the bill itself would be written without using jargon.

The law would also empower the auditor general to scan government publications for the presence of bureaucratese, he says, and provide Canadians with a government website where they can report any gibberish.

He said the law would also make it a job requirement for the government to hire writers that can write plainly and adapt bilingual language training for public servants to ensure they learn the most easy-to-understand words.

As for why it’s needed, Poilievre argues government documents, including forms, are needlessly complicated because the bureaucrats who write them use overly technical language, which creates hurdles for small businesses that have to read them.

All that time spent trying to understand what the documents say adds up, he says.

The federal government already has a policy about how its communications should sound, with rules stating its messages must be non-partisan and clear. The policy came into effect in 2016, early on in Prime Minister Justin Trudeau’s tenure.

Poilievre’s announcement Thursday sparked a rare moment of agreement with Jean Charest, the former Quebec premier whom Poilievre has lambasted throughout the race for being out of touch with the current party.

In a short statement, Charest spokeswoman Laurence Tôth wrote: “We welcome this policy announcement.”

Poilievre’s fight for fewer words appears to be one he takes personally, as he complained about politicians’ use of jargon in a speech given more than a decade ago.

Back in 2009, when the prominent Tory only had five years of being a member of Parliament under his belt, he advised young conservatives on the value of learning to communicate as a way to advance their political careers.

Poilievre, who now boasts one of the largest social media followings in Canadian politics, complained then about how few people on Parliament Hill knew how to write and speak in a way that everyday Canadians could understand.

“It is not their responsibility to decipher excessively verbose language,” he said of voters.

Poilievre instructed his 2009 audience that the best way to learn to communicate plainly is to write for newspapers — which take complex ideas and use simple language to explain them to readers — and knock on doors.

Poilievre’s skill as a communicator is one of the reasons his supporters say they are backing him. His campaign says it sold more than 300,000 memberships and many Conservatives expect he will be elected the party’s next leader Sept.10.

Voting results will be announced that evening at a convention in Ottawa.

The party announced Thursday the event will feature a familiar face as a special guest speaker: Peter MacKay.

The former cabinet minister is an elder statesman in the movement, the party says, having led the erstwhile federal Progressive Conservative party into a merger with the Canadian Alliance in 2003, which birthed the modern-day Conservative Party of Canada.

MacKay decided against joining the leadership race this year, saying he was still paying down campaign debts from the 2020 leadership contest, which he lost to former leader Erin O’Toole.

Source: Fight for fewer words: Pierre Poilievre promises new law against government jargon

COVID-19 Immigration Effects – June 2022 update

My latest monthly update.

June numbers reflect a gradual but uneven opening across the suite of immigration-related programs compared to April and May.

The number of TR2PR transitions increased slightly compared to May but remained significantly below the latter half of 2021, again suggesting a decreased “inventory” and/or a conscious government decision to redress the balance and address backlogs.

While TRs/TFWP remained largely stable compared to May, the number of TRs/IMP climbed dramatically for Canadian Interests and the frustrating unclear categories of “other IMP participants” and “not stated.”

International students, applications and permits, continue to reflect normal seasonal patterns.

While last month, I thought that citizenship looked on track to continue whittling away at the backlog of close 400,000 (as if July 4), this appears unlikely at IRCC has been averaging about 30,000 per month in 2022.

The number of Ukrainians arriving in Canada, mainly under the Canada-Ukraine authorization for emergency travel remains significant, but has declined to only about one-third of all visitor visas in June compared to one-half in April and May, while overall numbers have declined somewhat and remain below pre-pandemic levels.

ss

Yakabuski: Official bilingualism is officially dead in Canada

Overly dramatic header but as we see in initial reactions in Quebec, recent action/inaction by the federal government, and the ever increasing gap between immigration to English Canada compared to Quebec, the trendline is not encouraging:

Statistics Canada surely did not time the release of language data from the 2021 Census to coincide with the launch of an election campaign in Quebec. But its publication of findings that confirm the decline of French within the province and across Canada are sure to light a fuse on the campaign trail as Premier François Legault calls for Ottawa to cede more powers to Quebec.

Neither did the federal agency likely consider the optics of releasing its report on the heels of the Aug. 15 Fête nationale de l’Acadie, the annual celebration of francophones in Atlantic Canada that marks the 1755 expulsion of thousands of their ancestors from the region by the British. Many ended up in Louisiana, where the French-language is today spoken by only a tiny minority of their descendants.

In May, as he revealed plans to seek full control over immigration policy if his Coalition Avenir Québec wins the Oct. 3 election, Mr. Legault warned that Quebec runs the risk of becoming another Louisiana without the ability to choose its own immigrants, including those who come to Quebec through the federal family reunification program. “It is a question of survival for our nation,” he said then.

Statistics Canada’s Wednesday report, showing that more newcomers to Quebec are using English as their first official language, will only serve to buttress Mr. Legault’s argument. The proportion of Quebeckers who primarily spoke English rose to 13 per cent in 2021 from 12 per cent in 2016, topping the one-million mark for the first time. The share who spoke predominantly French at home fell to 77.5 per cent from 79 per cent, despite extensive government efforts to “francize” new immigrants.

More than 70 per cent of Quebeckers who speak English as their first official language live on the Island of Montreal or in the suburban Montérégie region. The concentration of English speakers in and around the Quebec metropolis has long created linguistic tensions. Protecting Montreal’s “French face” is seen as imperative by most francophone Quebeckers, but many allophone newcomers to the city still gravitate toward English, sometimes even after attending French public schools.

And as Montreal goes, many fear, so goes the province. Which is why Bill 96 – the law adopted by Mr. Legault’s government in June that caps enrolment in English-language junior colleges among dozens of other measures aimed at protecting French – is seen by many francophones as a strict minimum.

Across Canada, French has been on the decline for decades despite Liberal prime minister Pierre Trudeau’s government adoption of the Official Languages Act in 1969. In 1971, French was the first official language spoken by 27.2 per cent of Canadians. By 2016, the proportion had declined to 22.2 per cent. In 2021, it fell again to 21.4 per cent. Where will it stand in 2026? You don’t need a PhD to figure it out.

The dream of a bilingual Canada d’un océan à l’autre may never have been more than that. But the reduction of French to folkloric status everywhere outside Quebec and in pockets of New Brunswick and Northern Ontario is the writing on the wall. Between 2016 and 2021, the proportion of the population speaking French at home declined in every region of the country except Yukon, where it rose to 2.6 per cent from 2.4 per cent. In New Brunswick, Canada’s only officially bilingual province, the share speaking French at home fell to 26.4 per cent from 28 per cent.

It may be fashionable among English-Canadian elites to enrol their kids in French immersion classes. But anemic rates of bilingualism hors Quebec and New Brunswick speak for themselves. Outside Quebec, Canadians who claimed an ability to conduct a conversation in both official languages dropped to 9.5 per cent from 9.8 per cent and down from a peak of 10.1 per cent two decades ago.

Even the federal public service, which once aspired to set an example, no longer prioritizes Canada’s official languages equally. In May, a Radio-Canada report showed that francophones are underrepresented in the upper echelons of the federal bureaucracy. Now, there is a push to waive French-English bilingualism requirements if applicants speak an Indigenous language or aspire to.

Removing barriers to career advancement faced by Indigenous people in Canada is a legitimate objective. But francophones argue it should not mean the diminution of the status of French within the public service. They worry that the appointment of Mary Simon as Governor-General, despite her inability to speak French, paves the way for more such nominations. They are not wrong to worry.

The latest census figures will exacerbate feelings of linguistic insecurity among francophone Quebeckers in particular. There will be consequences. We may witness a few of them on the campaign trail.

Source: Official bilingualism is officially dead in Canada

Feds announce four new passport service sites as backlog continues

https://www.cbc.ca/player/play/2063068227573

Good service improvement move but will have limited impact on backlog. That being said, Service Canada data indicates progress compared to earlier months, although the number of applications is still greater than the number of passports issued.

Hopefully, ESDC/Service Canada and IRCC will publish monthly passport stats (applications and issued) on opendata as per other immigration and citizenship stats:

The federal government is adding new passport service locations across Canada as a backlog in processing applications continues.

Social Development Minister Karina Gould announced Wednesday that people can now apply for and pick up passports at Service Canada centres in Red Deer, Alta., Sault Ste. Marie, Ont., Trois-Rivières, Que., and Charlottetown, P.E.I.

That’s on top of five new locations added in July, and Gould expects to bring another seven to nine locations into the program soon.

“I think this is a really important and long-overdue change,” she said in an interview. “Those of us who live in more urban areas, we don’t realize that we’re so lucky to be close to a passport office.”

The additions should make it easier for people outside large centres to access services and ease stress on offices in regional hubs, she added.

No new federal money was required to make the change, Gould said. Resources come out of a revolving fund made up of passport fees. 

Gould said the current crisis and complaints over long wait times have accelerated the work but she was already looking at bringing passport services to more locations before the backlog.

She visited Sault Ste. Marie in April, before media began reporting on complaints over wait times. The local Liberal MP, Terry Sheehan, told Gould that people in the Sault had to drive seven or eight hours to Thunder Bay or Toronto to visit a passport office in person. 

Until Wednesday, there was no passport office on Prince Edward Island.

“So I was starting to already look at who is not close, and how can we fix this,” she said. “And then it became that much more acute.” 

Nearly 1.1 million applications for new and renewed passports have been filed since April as pandemic restrictions loosen and Canadians resume travelling. 

More than one-quarter of those hadn’t yet been processed as of early August.

Government statistics show the system is starting to catch up with demand, as the gulf between the number of passport applications each month versus the number of passports issued is getting smaller. 

Call centre wait times have gone down significantly and “triage measures” were implemented at 17 passport offices to mitigate in-person headaches.

Gould said 442 new employees were hired so far this summer and 300 are already trained and working.

But a large backlog remains.

In the first week of August, the number of passports issued within 40 business days of an application fell to 72 per cent from 81 per cent the week before.

That is largely because of mailed applications.

During the first week of August, passports from in-person applications were issued within the government’s 10-day service standard 95 per cent of the time, a rate that has remained steady throughout the summer.

For mailed applications the service standard of 20 days was met only 40 per cent of the time in early August, down from 53 per cent in late July. The government also warns it can take more than 13 weeks to get your passport by mail.

The overall numbers aren’t materially better than in June, when Prime Minister Justin Trudeau was forced to respond to growing complaints and called the system’s performance “unacceptable.” 

The week of June 20, 76 per cent of passports were issued within 40 business days.

The processing times also don’t take into account the wait to get an in-person appointment and there are only a limited number of walk-ins available.

Proof of upcoming travel is required to get service within two months at offices with 10-day processing times, including those announced Wednesday.

Urgent services for people who can prove they need a passport within 48 hours are only available in bigger urban centres — Toronto, Montreal, Vancouver, Calgary, Edmonton, Gatineau, Que., and Quebec City.

As the backlash over the wait times continues, some reports suggest Canadians are making “fake” travel plans to show to passport officers, then cancelling their flights once their application is in the queue. 

Gould said she’s not aware of this being a “widespread issue” but she has heard about it anecdotally. “I strongly discourage Canadians to do that. It’s unfair, it’s unkind and it’s unnecessary,” she said. 

Gould said at the morning press conference that the government failed to predict to what extent demand would sharply spike earlier this year. She insisted an unexpected glut of mailed-in applications is the main culprit in the passport delays.

Although she wouldn’t comment on the specifics of its deliberations, she said a cabinet committee stood up earlier this year — the Task Force on Services to Canadians — is looking at how to make sure that services under federal jurisdiction are being delivered in “a timely and effective way” that takes the toll of the pandemic into account.

Source: Feds announce four new passport service sites as backlog continues

‘Second Chances’: [USA] Racist law preventing citizenship for Black immigrants leaves man fighting his case from afar

Weird that US still makes distinction between in and out of wedlock. The 1977 Canadian Citizenship Act revisions removed that distinction on a go forward basis as well as gender discrimination:

After being deported, Kelvin Silva said he sometimes finds himself lying on the floor of his apartment, crying. He’s lonely – and alone. He’s scared, knowing that he’s fighting an uphill battle to gain U.S. citizenship and return home to North Carolina.

Silva – who identifies as Black and Latino – was returned to the Dominican Republic on Feb. 15 under an archaic law known as the Guyer Rule, which disproportionately affects nonwhite immigrants, especially Black fathers.

The Guyer Rule did not allow U.S. citizenship to pass from fathers to their biological children if the parents were unmarried, even though citizenship automatically passed to the children of other citizen parents who came to the country under the same circumstances. Were it not for the Guyer Rule, Silva, 45, would have automatically gained citizenship at age 11, his age when his father became a naturalized citizen.

Silva’s legal team – Asian Americans Advancing Justice (Advancing Justice-Atlanta), the National Immigration Project of the National Lawyers Guild and the Southern Poverty Law Center – filed a brief this week in the 11th U.S. Circuit Court of Appeals, challenging this law that prevented Silva’s citizenship and resulted in his deportation to a country completely unfamiliar to him.

“Throughout his battle in the immigration court system and now the federal court, Mr. Silva has shown unswerving commitment and inspiring resilience in the face of this sexist and racist law,” said Peter Isbister, senior lead attorney for the SPLC’s Immigrant Justice Project. “The Guyer Rule is yet another part of the U.S. immigration system that unfairly targets Black and Brown people.”

Meanwhile, Silva’s entire family – including his children and grandchildren – resides in the U.S. But changing immigration law through the courts is a difficult process, even when a law like the Guyer Rule results in a grave injustice such as the one Silva is facing.

To cope with the uncertainty of his immigration case, Silva maintains an attitude of optimism. But he admits his smile is a façade concealing his sadness.

“From the beginning, it was rough,” he said. “I just put a smile on my face, but I don’t talk to too many people. This is really, really hard. But I’m alive. I breathe every day. It’s up to me how I’m going to tackle these obstacles, and I try to be happy.”

It’s been a shocking experience for Silva. Before U.S. Immigration and Customs Enforcement (ICE) initiated deportation proceedings against him, he believed he was a U.S. citizen because of his father’s citizenship. So, when Silva was deported, he was stunned.

“I was scared, worried and nervous,” he said. “Nobody believed [deportation] would happen. Even I can’t get over it.”

Before being deported, Silva had spent 30 months in ICE detention, most recently at Stewart Detention Center in Lumpkin, Georgia, the deadliest immigrant prison in the nation. He said that while some give up on their immigration claims, he decided to fight. He doesn’t want to give up.

“I always have high hopes,” he said. “It will take time and it might be a long process, but I know there will be a good outcome for me – and for the other men in my situation.”

Betting on Congress

The Guyer Rule prevented U.S.-citizen fathers, but not U.S.-citizen mothers, from passing their citizenship status to foreign-born, nonmarital children. The rule disproportionately restricted how nonwhite parents could secure citizenship for their children – and for decades was maintained for just that reason. In short, U.S.-citizen fathers were discriminated against by the unfair denial of U.S. citizenship for their children born “out of wedlock.”

The Guyer Rule originates from an 1864 Maryland court decision, Guyer v. Smith, in which the court ruled that two sons born overseas of a white U.S.-citizen father and a Black mother from St. Barthélemy were “not born in lawful wedlock” and thus were not U.S. citizens. The Guyer Rule was subsequently incorporated into federal nationality laws, first through administrators’ policies and practices, and later by Congress through the Nationality Act of 1940 and the Immigration and Nationality Act of 1952.

Although Black immigrants were eligible for naturalization starting in 1870, historical and legislative records show that lawmakers nevertheless worked to limit the number of people of color who could become U.S. citizens. Administrators and legislators accomplished this goal in a variety of ways, including literacy tests, a racially discriminatory quota system and immigration preference categories that prioritized the “marital” family over other forms of familial arrangement, notably at a time when interracial marriage was illegal in most states.

In treating marriage as a prerequisite for fathers, but not mothers, to pass on their U.S. citizenship status to their foreign-born children, lawmakers were relying on the outdated stereotype that mothers have closer bonds with their nonmarital children than fathers.

Silva, however, only met his mother when he was 13 years old. His father and grandmother took care of him his entire life – not his mother. Simply put, because his parents never married, the law stopped Silva from becoming a U.S. citizen.

“[The Guyer Rule] is not fair,” Silva said. “I went to school in the U.S., grew up over there, made friends, family. But here I know no one. It’s weird, it’s hard, it’s rough.”

Congress partially remedied the unfairness of the Guyer Rule by passing the Child Citizenship Act of 2000, or CCA, which repealed the Guyer Rule. However, the CCA did not apply to people over the age of 18 when it passed – people like Silva.

Silva’s supporters and legal team hope that Congress will take swift action to make the CCA retroactive, which would allow him and other immigrants affected by the Guyer Rule to obtain citizenship.

“The goal of a nation’s citizenship laws should be to keep families together, not tear them apart,” said Meredyth Yoon, litigation director for Advancing Justice-Atlanta. “As Congress implicitly recognized by passing the Child Citizenship Act of 2000, a parent’s marital status has nothing to do with the bond they have with their child.

“Silva asks the court to rectify the harm done by the Guyer Rule by extending him full U.S. citizenship. By doing so, the court would take one small but crucial step toward undoing the inequities, including the systemic racism, that plague this nation’s immigration laws.”

‘I’m a fighter’

Silva is trying to find employment in the Dominican Republic as he hopes for his return to the U.S.

“I’m a human being just like everybody else, and everybody deserves second chances,” he said.

Silva truly misses his family. But, he said, “they belong in the U.S.” Because of that – being separated from his children and grandchildren – Silva feels “robbed.”

“The ripping away of the families and lives of people who came to the U.S. as children simply because their parents were unmarried is an antiquated and immoral act of which all of us should be deeply ashamed,” said Bacardi Jackson, interim deputy legal director for the SPLC’s Children’s Rights Practice Group. “Such a cruel and unjust punishment for the crime of being born outside of European norms is all the more despicable for its uneven effect on Black and Brown families.”

In the end, Silva knows he must persevere. As he tries to adapt to living in a country unknown to him, he leans on the support of members of his legal team, who reach out regularly to update him on his immigration case.

“I’m taking it day by day,” he said. “I’m a fighter; I have to do what I have to do. … Everything is in God’s hands, and things happen for a reason.”

Source: ‘Second Chances’: Racist law preventing citizenship for Black immigrants leaves man fighting his case from afar

Public Opinions on Immigrants and Refugees: Does the Data Inform or Misinform Us?

Good, interesting and informative conversation:
Liberty Vittert: Hello, and welcome to the Harvard Data Science Review podcast. I’m Liberty Vittert, feature editor. And I, along with my co-host and editor-in-chief Xiao-Li Meng, are diving into a highly controversial topic today: refugees and immigration. American public opinion seems very divided on these issues, but is it really? Is America more or less welcoming to refugees and immigrants than other parts of the world? And how will the Southern border, Ukraine — name a crisis — affect the upcoming American political elections?

We bring in two experts to discuss. Scott Tranter currently leads data science and engineering efforts at Dynata. He’s also the co-founder of Optimist Analytics, which was acquired by Dynata in 2021, and is an investor in Decision Desk HQ, which provides election results data to news outlets, political campaigns, and businesses. We also have with us professor Katharine Donato, who holds the Donald G. Herzberg chair in international migration at Georgetown University, and is the director of the Institute for the study of International Migration in the Walsh School of Foreign Service at Georgetown University.

Xiao-Li Meng: Katherine and Scott, thank you so much for joining us. Since this is a data science podcast, the first question is about data. What are the current reliable opinion polls available out there about the general American public sentiment toward refugees and migrants, and how do we know these opinion polls are reliable?

Scott Tranter: Let me break that down into two questions: What are good ones, and how do we know they’re reliable? I still think Pew is probably the best resource for what I would call unbiased research on the American public opinion. They do a very good international public opinion as well on immigration issues and things like that. One of the reasons is that it’s very longitudinal. They have some questions on immigration going back 30, 40, 50 years now, probably even longer than that. And they’re very good and well-funded. They don’t miss quarters. They don’t miss reportings. And so we can look back at the 90s, of what people thought about cross-border immigration between U.S. and Mexico, and see how it’s evolved over the last 20 years as debate. How do we know it’s reliable? That’s the ever-pressing question with polling: Is it reliable?

And I think, Xiao-Li — you and I have talked many times. It’s statistics. We’re getting close, but we’re probably wrong somewhere. And the key is to know where we’re wrong. That’s a long way of me saying I think Pew does a good job because they’re consistent. They may be wrong, but they’re looking at attitudinal shifts and if they’re off by five, they’ve been off by five for 30 years and they get us right directionally, which I think is the important part when people look at polls. Don’t look at the numbers and look for precision, look at the numbers and look for trends. And I think that’s what everyone should take away from stuff like that.

Xiao-Li Meng: And this is a question for both of you. You both talk about this, the importance of thinking about things over time. As we know, the public tends to pay particular attention to issues like refugee migrants during times of crisis. Whether it’s Syria, Venezuela, now it’s Ukraine. How have things changed over time?

Scott Tranter: I think when we look at some of the polling in and around some of these countries before they become in the news — you mentioned Syria, you mentioned Ukraine. The southern border, while it is persistent in U.S. politics, has times of spiking and not spiking. It’s largely changed when we look at the U.S.-based stuff, it’s largely revolved around political party lines. And the messaging has roughly been the same over the last 10 or 15 years. It’s not necessarily about the specific reason it popped up. During the 2020 election, it was around some of these migrant caravans coming from South America up through Mexico, across the border. It really wasn’t about that specific caravan, while that’s what the news covered. That was symbolic of the larger immigration issue as a whole. Whereas we see internationally when it’s about Syria, or Ukraine, it’s usually not about that specific instance.

It’s about, what do we think about foreign aid? All of a sudden the public remembers that we spend billions of dollars on foreign aid. It’s not hundreds of millions of dollars, things like that. That’s been primarily how the public has been viewing it over the last 10 or 15 years, mostly because of how they are consuming their news and where they get their news from. I think what’s interesting or what I’ve noticed has changed is there isn’t a whole lot of movement, and I’d be curious to see what Katharine thinks on this in general — feelings about, should we support refugees overseas or by and large, should we support change to our immigration policy in the U.S.? The opinion lines have been pretty solidified, which is interesting because we do know from public opinion research and sociology and political science that you can change people’s opinions.

These things happen quite a bit. And I think there’s an opportunity here for people who want to push their side to change up the messaging a little bit to get what they want, because we do see that in small-scale tests, whether it be message testing, ad testing, or focus groups. There’s quite a bit of consistency. There’s not a whole lot of change over the last 10 or 12 years in the messaging or what we’ve noticed in opinion, but it doesn’t mean it can’t change in the future.

Katharine Donato: I do think you bring up an important point, which is that as we think about countries to the south of our border at this point, really not Mexico, as much as northern, central America. The story that’s told in the U.S. is very politicized. And actually, that goes back 30 years. Thirty years of one party viewing the border and viewing the issue in one way versus another. But that view is very different than what’s believed with respect to Ukraine, with respect to Syria, with respect to Afghanistan. And because that story of refugees who come from those places come from a situation of international import, international aid and international relationships. The entire country was following the Afghan evacuation in August. I think primarily because we had been — we as a country and so many Americans had made relationships and understood the real life experience in Afghanistan and understood people and said, “We really have to do something. We have spent decades in this country and we really need to get these people out.”

We, in theory, could have that same opinion about Honduras, but we don’t, and that’s partly because the politics and the messaging around the countries south of the border has never been the same kind of messaging that recently we’ve seen with Afghanistan and Ukraine. And you could argue that kind of messaging doesn’t exist for smaller scale movements of people who are forced to move.

Think about the Rohingya in Bangladesh. That was certainly forced movement, but it wasn’t about international relationships between the United States and other countries. It wasn’t about international aid. And there still are over 700,000 people from Myanmar living in Bangladesh with I don’t know what kind of future there and more and more kids being born stateless because Bangladesh isn’t giving them birth certificates. These sorts of situations when they’re not part of foreign aid and foreign assistance really just sit and fuel other issues that are problematic over time.

Liberty Vittert: I do have a question about these movements of people. Something like the Afghanistan crisis. It was a very easy thing for someone to wrap their head around. These people helped us. The Taliban’s now coming to kill them. If we don’t get them out, they’re going to be killed. That’s a very easy thing for me to understand. Whereas with something like the southern border, when I was recently there, I met people who had been forced out of Honduras because the government was trying to kill them, but I also met a family who was coming up because the father simply couldn’t find a job, but it wasn’t like the government was coming to try to kill him. I can understand how there’s confusion between those two types of people specifically for Americans. Is there real data on how many people are coming from our southern border that are what you would normally think of as a refugee, like the Afghanistan crisis versus people who are coming for other valid reasons, but not necessarily for refugee status?

Katharine Donato: Let me say this: Reasons and motives are messy. Every time I go to either border — the U.S. southern border, the Mexican southern border, doesn’t matter — people tell you all kinds of things. Let me step back by saying, in response, that you can wrap your head around the idea — and most Americans did that. We worked with these people for 20 years in Afghanistan. And so many of them now, as the Taliban takes over, are going to be at risk and we owe it to them and our country to move these people out and give them a place for them to raise their children in a peaceful way. But migration from northern central American countries started growing in the late 80s. It took off in the 1990s. There was essentially no migration from northern central America before the mid-1980s.

And then 20 years later, we’re wondering why there are so many children at the border. Those kids are trying to reunite with their parents who are in the U.S.

What I don’t understand is why we can’t wrap our heads around the fact that we, the United States, has been relying on the labor of immigrants from northern central America and from Mexico for decades. And then we’re surprised that when the kids get to be 13, 14, 15, they want to live with their parents?

Back in 2014, I was saying this. Why aren’t we helping evacuate those kids to go to the U.S. in a legal, safe way versus what has happened?

Which is they hire smugglers and come up to the border. To me, that’s a very simple thing that people could get their heads around, but there’s a lot of resistance to recognizing how much we in the U.S., our lives are subsidized by the lives of immigrant laborers. We do as a nation and as an economy rely on immigrant labor and yet we can’t wrap our arms around the fact that there could be kids and grandkids who want to reunify after years of living without their parents. These kids want to reunify with them here.

Liberty Vittert: It’s funny, I wrote an article using a lot of data about how we need to increase immigration or risk economic disaster for the United States, but I’m totally with you. And it makes so much sense. I can’t help but wonder though, is there a difference in the way Americans feel versus Europeans? Scott, is there any data on this: Are Europeans more willing to accept immigrants or is the U.S. more willing to accept immigrants? I think with news messaging, I always imagine that America’s the most closed off, but maybe it’s not. Do we have any feelings about this or knowledge about this?

Scott Tranter: It’s funny you bring that up, because I always talk about it. Let me bring up one extreme example. You look at the country of India and how much immigration they allow. Naturalized immigration. I think it’s in the low four digits. A country with over —

Liberty Vittert: What? You mean like 1,000 people?

Scott Tranter: Yes. Naturalized. They allow guest workers and things like that, but they’re just like, “No, we’re not going to naturalize someone from Canada who wants to move to India.” And I think we see that a lot. I’m using an extreme example there, but let’s take a look at the Syria refugee crisis. And a lot of those folks were moving through Eastern and Western Europe. And you would see in places like France, especially the suburbs of Paris, lots of riots, lots of opinions and lots of, to be honest, racism against Syrian immigrants as they came through. You see this in Germany, you see this in Hungary. You see this in Poland. You saw this in Ukraine, too. Immigration is a huge issue in Europe and it’s highly polarizing. And I would argue in some instances more polarizing than it is in the U.S. because I think they have a little bit more in-your-face protests about it and things like that.

But the U.S. is by no means the worst and by no means the best if your measurement in worst and best is acceptance of immigrants. It’s a big issue everywhere. What’s interesting is the rhetoric and some of the opinion and messaging around it. In the U.S. in the early 2000s, the messaging was always, we don’t need immigration because we’d like the Americans in the job. Over the last five or six years with unemployment sitting somewhere between 3 and 5 percent, which is historically low, that’s a harder message to do. But in places like France, where you will see unemployment, especially in regions, at 10 to 15 percent, that’s still a pretty potent argument. And it’s one of those things I think internationally is an issue. Enlightened might be the wrong word, but I don’t necessarily think our European friends are looking at immigration any better or worse than we are. They’re looking at it with similar problems and on similar scale.

Katharine Donato: I totally agree that it’s not the worst here. We do have a system to naturalize and you can set yourself up to naturalize after getting permanent residency. It takes time. It’s an investment, but it can be done. And in many parts of the world, no one can be naturalized, or as Scott said, very, very few people can be naturalized. There’s a long history of many European countries not allowing citizens to be foreign nationals. But even during periods of tight restrictions, there are still foreign nationals who are permitted to live in the U.S. permanently and to be naturalized. I talk about all the problems in the U.S. system and at the same time recognize that we are in one of the nations that along the lines of citizenship and some other factors has a pretty good track record. I’d love to hear Scott talk about the border for people who don’t know much about the border and many people in the U.S. — and if we just think about the southern border, many people in the U.S. and in Mexico really know very little about the border.

The border is a really unique, specific place, physically, and economically with respect to the movement of people. And yet when it comes to the politics around the border and the political opinion around the border, in the minds of many, they equate the border to migration. When in fact the border is so much more than that. I think if we were able — we, the big broader U.S. — if we were able to see the border as more than migration, we actually could do some really good things that would strengthen that regional border place, which for me is typically 20 to 40 miles from the border north and south. And we could strengthen it in so many ways that would make it a better place for everyone there.

Scott Tranter: I know we’re on the data podcast, so I will bring in a qualitative focus group I was in. It was interesting. We’re in Minnesota and you’re asking people about what the border meant to them. So Minnesota, right, they have the Canadian border, but they’re pretty far away from the southern border. And they had some pretty strong opinions about how the border affected their day-to-day life. Think about that. They think the U.S. southern border affects their day-to-day life and they might make an argument… They might say, “We need a strong southern border because I want trucks to pass through freely so I get goods better.” They might make an economic argument, or et cetera, et cetera, et cetera. But no, they were making a safety and fairness argument.

And the safety and fairness argument was — first, they’re like, “An unprotected border lets in a lot of people we may or may not like, whether they be criminals or terrorists” or whatever it is. So there’s an aspect there. And a fairness is, “it’s not that we don’t like them, it’s just why do they get to cut the line?” And for them, the border is symbolic of those two things. And if we sat in focus groups, and I’m sure there have been some poll questions constructed, although they’d probably be pretty poorly constructed poll questions that ask at that… Generally speaking, I would say if you’re asking it within 30 or 40 miles of the border, you’ll probably get a better answer. But if you’re asking it anywhere in America, the border pretty much is equated with fairness and safety and things like that, whether that’s true or not.

And I think that is just the easy answer for folks. And that’s what has been drilled in for the last 15 or 20 years with 30-second ads and 10-second flashes and 10-minute fiery speeches. And it’s one of those things I think we need to get off the sound bites — and a little bit that’s the public. I blame the public for this — we’re just people of convenience, and I don’t really want to think about this much longer than the 15 seconds that’s in front of me. That’s the answer in all public opinion. If we are doing this on climate change and how to educate people on that, it really boils down to, we have got to stop speaking in 15-second increments. If we ask the border question of some very staunch Republicans who own hundreds of acres on the U.S.-Mexican border, they’re actually fairly pro-immigration as far as it goes in the political spectrum. They vote Republican every single time and they own property on the border and they own guns and all the other things.

But they’re like, “Look, unless you’re going to put a hundred-foot fence up and then man someone every 10 feet, the wall isn’t an answer. We have to have a comprehensive… We have to have a way to get it. And oh, by the way, I want some of these workers to work on my farm and they want to work on my farm and then they want to go work somewhere else.” And I think, the closer you get to the issue, the more educated people get. It’s just because they have to spend more than two minutes on it.

Liberty Vittert: We can say, what is the general American public feeling or we can say, what is the general international feeling towards the refugees or immigrant movements, but how does it break down? If we’re actually trying… If political parties either direction, or if organizations — nonprofits — are trying to sway American public opinion one way or the other in terms of how they feel about refugees and migrants, who is it that they need to sway? Who feels which way? And what is the kind of messaging that works? What can actually make someone feel better? Scott, I remember USA for UNHCR did some work. And there were things that surprised me that actually swayed people negatively, gave people less affinity for the cause. That surprised me. How do we figure those things out?

Scott Tranter: I think public opinion polling is important, but I think we also need to go upstream with some of the message testing and how we present this information. And let me give you a parallel. When looking at trying to convince people about climate change, what a lot of organizations found was that we don’t talk about the scary parts of climate change, we talk about if the sea is going to rise, then your flood insurance is going to get higher. That actually happened to convince a lot of people who are like, “I don’t know, climate change may be a thing, may not be a thing, but if you’re telling me my home insurance is going to go up, my flood insurance is going to go up, I’m going to start paying attention to this.” If we take that example to immigration, maybe we don’t talk about some of the hard… It could go either way. Maybe we don’t talk about some of the hard economic choices. We talk about the moral choices. And then we see things like the Catholic church specifically in the U.S., they’re considered relatively pro-immigration and that’s the angle they go, and they seem to have some efficacy there. Or on the flip side, I’ve seen some testing on some ads where people crossing the border, they’re going to be here, whether or not you think they should be here or not. So they should be in the system so they can be contributors and they can not be in the shadows of society. That’s reason and logic. And that’s a long way of me saying there are a lot of different ways to do it and different pockets of people respond differently but what we really need to do is take the one step beyond the public opinion and really start message testing this and seeing what different groups it goes against.

Katharine Donato: And I would say the message testing has to be not done at one point in time only because we do live in this very dynamic political landscape at the moment. A dynamic, let’s say, just in the last 10 years, if we think about politics. We need to be able to do that message testing, make a commitment to do it over a period of years and different months in a year so that we can really figure out whether or not something is specific to a particular time and place, or whether it truly can make a difference across, let’s say, much of one country over a period of a few years.

Xiao-Li Meng: Speaking of informing the public and educating the public, having longer conversations to make sure everybody understands what things really are… There’s one thing that has changed over the time and is increasing becoming a concern for all of us — and Katharine, thank you for your wonderful article for Harvard Data Science Review about misinformation, that you wrote about how the trigger is misinformation about a set of announcements about entry and exit restriction at the Venezuela and the Columbian border. My general question here is, first, what do we know about the impact of this misinformation? As Scott just said, a 15-second ad can influence people’s thinking and 15 seconds of misinformation can probably do quite a bit of damage. And my second question probably is even a little bit harder: How do we make sure that particularly for the data science community itself, that when we study those issues, that we make sure we don’t fall into the trap — for example, select or study something that supports our ideology, because that can distort the information?

Katharine Donato: Let me say that the piece that I wrote for the journal, we looked at certain announcements and certain events, and then tried to… We used Twitter data to look at the conversation before and after those events and those announcements. And on the one hand, there is a lot of concern and we need to be concerned about misinformation and all the information that is not empirically supported, but on the other hand — and one of the events that we focused on was the president of Venezuela when he announced that there is a miracle drops cure to COVID. We were interested in seeing after that day, how much that messaging sustained itself. And for the first few days we saw in terms of frequency a lot of messaging, but the key finding is that messaging drops down to almost zero within the first two weeks of that announcement.

It wasn’t successful from Maduro’s point of view, I assume, or his people, because I’m assuming that they had hoped to make this announcement because they wanted other things to happen. And that the announcement itself just has no salience on Twitter by a month afterward. That gives me some hope that some forms of misinformation will not have the saliency that I would worry about. That I would worry about. And you can measure that by — in this case, we use Twitter, but you could also look at other forms of organic data that would help you, let’s say, from online newspapers and different languages. And you could look at any event or any announcement and try to understand whether or not a conversation about that event or announcement shifts over time. That’s interesting. That is something that before this age of social media, we couldn’t do. We did look at the conversation, but we didn’t have the same data. We didn’t have the same amount of data. We didn’t have all of the data analytics we have now.

On the one hand, we’re moving forward. On the other hand with all of the social media, we have certainly evidence of — I don’t know if it’s more or less; I fear that it’s more — misinformation and the ability for computers to create more of that misinformation on their own. Increasingly, in all areas of the social sciences, we move toward using these data more, absolutely. If we have a fabulously important question, we also have to prioritize the misinformation piece. What are we going to do to answer the question, to me now, is only half of the question that ultimately needs to be asked and answered because the other half has to be, how do we know what we’re seeing is real? And how do we understand the various forms of manipulating the messaging or the conversation that we’re studying?

Liberty Vittert: Professor, is there a specific example over the past X amount of years of a trend that really surprised you or that you think that people wouldn’t know about when it comes to sentiment?

Katharine Donato: I don’t know how much people know about it because you can’t really tell in this politicized environment we’re living in. I think a lot of people know this, but they don’t own it as knowledge that’s important, at least that’s my sense. I’m not a politician, but the fact that you have 80 percent or so, give or take, of the American public supporting DACA and supporting a way of making DACA become more permanent as a status — that’s the program that President Obama through executive action started in 2012. It just actually had its 10 year anniversary. DACA stands for Deferred Action for Childhood Arrivals and I think estimates are about 700,000+ people in the United States have DACA. It is not a legal status. It is a status and it’s temporary, but it does allow people who came in either with their parents or without their parents, as children, to move their status toward regularizing it so that they can work in the U.S. and they can be above the table versus below.

When you look at public opinion about DACA recipients, you just see very high numbers, a lot of support. And yet it’s 10 years old and we still have 700,000 or more people without a formal regularized status. And when I talk and I tell people about the support for DACA, sometimes people know. People on both sides of the political spectrum or on all sides will know there’s a lot of support for the DACA recipients. And yet at the same time, there’s been no change, no ability in Congress to move it forward. That’s just one of several examples I think. Generally, the U.S. public is in support of immigration and yet we hear so much more in the media about, let’s say, the problems on the immigration side. I don’t know if it’s just that people don’t know some of the findings about public opinion nationwide or they just don’t then own it to move some change forward.

Liberty Vittert: Given all of this misinformation, given all these conversations about refugees and migrants, Scott, you are the caller of the elections coming up in 2022 and 2024. How much will these conversations be affecting ‘22 and ‘24?

Scott Tranter: That’s always my favorite question, especially when we’re four months out. What I have been amazed about is the public’s ability to not have any attention span. And what I mean by that is whatever we’re talking about today, if we’re talking about it in the final four to two weeks, then maybe, but if we know what we’re going to be talking about in the final two to four weeks in October, we should all go start a political consultancy, because we will all be bajillionaires and pick the winner.

Liberty Vittert: We’ll go to Vegas and bet on the winner.

Scott Tranter: Vegas or the UK where you can actually bet on this stuff. The answer is that it’s possible, but politics doesn’t drive the news. Politics reacts to the news. And what does the news do? The news is very, what can I get attention on? If you tell me what we’re going to be talking about in October, I’ll tell you what the issues are, but I don’t think anyone can do that.

That’s a long way of me saying immigration is always going to be an issue on people’s radar if it’s polled. It is consistently polled on the top five of issues. It’s usually not the number one. Occasionally it gets number one. For instance, in 2008, it was number one in Arizona for the presidential. Why? Because John McCain ran on those types of things, but it is usually top five. And when I say top five, everyone could probably guess it’s big broad issues like immigration, healthcare, jobs, and economy. Sometimes you separate those out and then there’s usually some foreign affairs aspect or something like that. But those generally are what they are. Today, the number one issue, by and large, is inflation, which is a proxy for the economy.

Liberty Vittert: It’s the economy, stupid. Isn’t that the quote?

Scott Tranter: It’s the economy stupid. Yeah, James Carville and Paul Begala used to say that. It’s one of those things, and why is that important? It’s because gas in California is above seven bucks a gallon. That’s what they care about and that’s what’s on the news. And I don’t know if this will be an issue this fall. I do know that border issues, immigration issues are fundraising issues for both the Democrats and the Republicans. Even though it’s not maybe talked about in the news, it’s what a significant amount of Republican candidates use to their position on what they think should do with the border. They will raise millions if not tens of millions of dollars on their position. And so will Democrats, by the way. Democrats will also, off their immigration positioning, raise millions, if not tens of millions of dollars. It is an issue that resonates. Whether it’s an issue that moves the middle or moves the sway-able voters, that’s a different question. And I don’t have an answer for that, but it does move money among the opinion hardened left and right.

Xiao-Li Meng: Thank you, Katharine and Scott, for this really both informative and thought-provoking conversation. Unfortunately, we have to wrap up. But we always end with this magical wand question, and today’s question is, what data do you want? If you can wave your magical wand, what data do you want about refugees that you don’t have?

Katharine Donato: What I really want are detailed movement histories. And when I say detailed I don’t just want to know if you’ve moved because you were forced to move. I want to know when you moved, how long it took you to get to wherever you’ve gone, what’s happened in the place that you’ve been received and, importantly, if you’ve moved beyond that first move. We know very, very little about secondary and tertiary movements among forced migrants, whether they’re formally refugees embedded by the UNHCR or not. Remember that less than 1 percent of refugees get resettled. UNHCR vets people, gives people the refugee label following global protocols, and then most refugees remain refugees and can’t really leave where they are, but we don’t really know that. We just know that only 1 percent get resettled. What happens to everyone else and what happens even after you get resettled?

I would like to see migration history data that are timed that would allow us to understand the first, second, third moves of people. And then we could really tie such data, if they’re tied to time and place. We can then integrate other traditional data sources with them. We could certainly understand climate-induced migration and environmentally induced migration in a much deeper way than we have. We have some survey data that offer those kinds of detailed migration histories, but they’re very specific to place and certain migration circuits around the world. And none of the global multilateral organizations collect such data because they’re in the business of providing relief as well as some other things. They’re too busy, but I think we could make a really significant move forward if we had such data about people who were forced to move.

Xiao-Li Meng: Thank you. Scott?

Scott Tranter: In my answer, it’s going to be a little more specific. I would love… Specifically in the U.S., economic migration history. What I always wondered is if you’re a person who crosses the border, you walked 10, 15, 20, 30, 40 miles in an area I would never walk to a place where you’re not sure how you’re going to feed or shelter yourself. And then a lot of these people, by and large, are getting jobs and then they are working themselves up to pay for shelter or send their kids to school and things like that.

And I think if we had good economic data on what happens to these immigrants, especially in the U.S., on how they integrate themselves into society, I think that’d be much more enlightening and move us away from the anecdotes of, “They’re just coming here so they can rob a 7/11 or they’re just coming here so that they can walk into an emergency room and glum off healthcare.” I think if we had hard data, irrefutable data on what these people did once they came across — and not just 30 days after, but years after — I think we’d do away with the anecdotes and really bring some hard data to it.

Xiao-Li Meng: Wonderful. And both of you, I’ll just remind the whole data science community how hard it is in this humanitarian study to collect data. And I really want to thank both of you, but I also want to just again, make a plea to the general data science community through this podcast, that there is so much more can be done, should be done. And the data science community can help. And I think I keep using the words data science here in a broadest sense because lots of things here are really about even how to ask the question, what to measure, and in this geo-space, one of the hardest things about collecting data is that you will have countries, regimes that will actively conceal their data. This is another level of complication that I think really the whole data science community can help to work on. And, again, thanks to both of you for such a thought-provoking conversation, and thank you again for your time.

Liberty Vittert: Thank you both so much.

Source: Public Opinions on Immigrants and Refugees: Does the Data Inform or Misinform Us?

StatsCan: While English and French are still the main languages spoken in Canada, the country’s linguistic diversity continues to grow

Of note, if not unexpected given immigration impact:

English is the first official language spoken by just over three in four Canadians. This proportion increased from 74.8% in 2016 to 75.5% in 2021.

French is the first official language spoken by an increasing number of Canadians, but the proportion fell from 22.2% in 2016 to 21.4% in 2021.

From 2016 to 2021, the number of Canadians who spoke predominantly French at home rose in Quebec, British Columbia and Yukon, but decreased in the other provinces and territories.

The proportion of Canadians who spoke predominantly French at home decreased in all the provinces and territories, except Yukon.

For the first time in the census, the number of people in Quebec whose first official language spoken is English topped 1 million and their proportion of the population rose from 12.0% in 2016 to 13.0% in 2021. Moreover, 7 in 10 English speakers lived on Montréal Island or in Montérégie. 

The proportion of bilingual English-French Canadians (18.0%) remained virtually unchanged from 2016. From 2016 to 2021, the increase in the bilingualism rate in Quebec (from 44.5% to 46.4%) offset the decrease observed outside Quebec (from 9.8% to 9.5%). 

In Canada, 4 in 10 people could conduct a conversation in more than one language. This proportion rose from 39.0% in 2016 to 41.2% in 2021. In addition, 1 in 11 could speak three or more languages. 

In 2021, one in four Canadians had at least one mother tongue other than English or French, and one in eight Canadians spoke predominantly a language other than English or French at home—both the highest proportions on record.

The number of Canadians who spoke predominantly a South Asian language such as Gujarati, Punjabi, Hindi or Malayalam at home grew significantly from 2016 to 2021, an increase fuelled by immigration. In fact, the growth rate of the population speaking one of these languages was at least eight times larger than that of the overall Canadian population during this period.

In contrast, there was a decline in the number of Canadians who spoke predominantly certain European languages at home, such as Italian, Polish and Greek.

Aside from English and French, Mandarin and Punjabi were the country’s most widely spoken languages. In 2021, more than half a million Canadians spoke predominantly Mandarin at home and more than half a million spoke Punjabi.

Among Canadians whose mother tongue is neither English nor French, 7 in 10 spoke an official language at home at least on a regular basis. 

In 2021, 189,000 people reported having at least one Indigenous mother tongue and 183,000 reported speaking an Indigenous language at home at least on a regular basis. Cree languages and Inuktitut are the main Indigenous languages spoken in Canada.

Among individuals with an Indigenous mother tongue, four out of five spoke that language at home at least on a regular basis, and half spoke it predominantly.

Source: While English and French are still the main languages spoken in Canada, the country’s linguistic diversity continues to grow

To reverse brain drain, China should be more flexible on dual citizenship

Interesting arguments but likely overstates the importance of dual citizenship as a factor in facilitating a return of former Chinese nationals to China, particularly given Chinese government general repression (not limited to Uyghurs and Hong Kong) and control (e.g., COVID lockdowns):

Citizenship has become a sensitive topic in China. Every so often, you’ll see lists in the Chinese media – of film stars who hold foreign passports, or billionaires who made money in China but now hold foreign passports. On the Chinese internet, some of these individuals get labelled as unpatriotic, or worse.

One of netizens’ latest targets is Harvard physics professor Xi Yin, a China-born prodigy who has been quoted as saying he has no plans to return to his native country at present. A US citizen now, Yin is also married to an American woman.

China does not allow dual citizenship. The line of reasoning seems to be that the authorities don’t want to create a group of people who enjoy too much privilege, or potentially allow criminals to evade punishment. Critics say it is a way of ensuring citizens’ loyalty or maintaining a monoculture.

But much of the rest of the world has moved on, with more countries embracing dual citizenship against the backdrop of globalisation. Back in the 1960s, only one-third of countries allowed dual citizenship. Today, 75 per cent do.

Perhaps China should follow suit. It would help reverse the brain drain from the country.

Around the time Deng Xiaoping launched the reform and opening up policy, students were sent abroad to study, in countries including the US, Canada and the UK. This trend did not always pay off. In 2007, China Daily reported that, between 1978 and 2006, 1.06 million Chinese went overseas for studies and more than 70 per cent chose not to return. At that time, China probably suffered the most severe brain drain in the world.

To tackle the problem, Beijing has increased investment in higher education, and research and development. It introduced programmes such as the Thousand Talents Planto lure back leading Chinese talent. Under the plan “sea turtles”, or returnees from overseas – in Chinese, the two terms are homonyms – may receive a one-time bonus of 1 million yuan (US$148,400). However, the programme has reportedly delivered mixed results. Not nearly enough sea turtles swim home.

As China grew rich, it became common practice among affluent families to send children abroad for further education. Between 2015 and 2019, 80 per cent of these students did return. Yet, China is still losing first-rate talent. In recent years, a reported 80 per cent of Chinese PhD students in the US have been reluctant to return.

Many developing countries in the world lose talent to the US, but China probably suffers more, especially in the realm of hi-tech. Those bright Chinese minds working at the cutting edge of American technology might also be hampering China’s own tech ambitions.

Indeed, China’s hope of dominating artificial intelligence may be threatened by the brain drain. According to a study conducted by MacroPolo, a think tank run by the Paulson Institute, Chinese researchers accounted for a quarter of the authors whose papers were accepted by a prestigious AI conference in 2019.

However, three-quarters of the Chinese authors were working outside China, and 85 per cent of those were working in the US, at tech giants such as Google or universities like UCLA.

Source: To reverse brain drain, China should be more flexible on dual citizenship