‘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

More Canadians report strong attachment to their language than to Canada: poll

Not surprising that language attachment stronger in Quebec and among Indigenous peoples. The margin of 3 percent among all Canadians not significant given online poll:

A new survey finds more Canadians report a strong attachment to their primary language than to other markers of identity, including the country they call home.

The survey, which was conducted by Leger for the Association for Canadian Studies, found 88 per cent of respondents reported a strong sense of attachment to their primary language, whereas 85 per cent reported the same for Canada.

The greater importance of language was especially notable among francophones and Indigenous Peoples.

Reports of strong attachment to primary language exceeded all other markers of identity, including geography, ethnic group, racialized identity and religious affiliation.

Of the markers of identity considered in the survey, Canadians were the least likely to report a strong sense of attachment to a religious group.

Association for Canadian Studies president Jack Jedwab said the survey’s findings highlight the important role language plays in people’s identities.

“I think many Canadians may be surprised by it, who may not think intuitively that language is as important as other expressions of identity that get attention,” he said.

Jedwab said people should be mindful of not downplaying the importance of language given how significant language can be to a community. He said language has a dual function of facilitating communication and being an expression of culture.

“There can be a tendency for people to diminish the importance of other languages,” he said.

“We’ve not paid historically sufficient attention to Indigenous languages, which we’re now seeing our federal government invest considerably in, trying to help sustain and revive Indigenous languages,” he added.

The online survey was completed by 1,764 Canadians between July 8 and 10. It cannot be assigned a margin of error because online polls are not considered truly random samples.

For Canadians whose primary language is French, 91 per cent reported a strong sense of attachment to their language, in comparison to 67 per cent who reported the same sentiment for Canada.

In Quebec, more people reported a strong sense of attachment to their primary language than to the province.

Only 37 per cent of Canadians reported a strong sense of attachment to a religious group.

The findings come ahead of Statistics Canada’s latest census release on languages in the country, which is set to be published on Wednesday.

Jedwab said the census release will be especially important to Quebec, where there’s a close monitoring of the state of the French language in comparison to other languages.

The Leger survey also found more than half of francophone Quebecers say they know English well enough to hold a conversation. That’s in contrast to less than one in 10 English respondents in all provinces except Quebec and New Brunswick who say they can hold a conversation in French.

According to the last census, English-French bilingualism rose from 17.5 per cent in 2011 to 17.9 per cent in 2016, reaching the highest rate of bilingualism in Canadian history. Over 60 per cent of that growth in bilingualism was attributable to Quebec.

Source: More Canadians report strong attachment to their language than to Canada: poll

ICYMI: Iranian-Canadians feel like ‘2nd-class citizens’ as many continue to be stopped while travelling to the U.S.

For better or worse (as in these cases), all countries exercise sovereignty over who is admitted and who is not. Not “offloading responsibility” to the USA, just a reflection of reality:

Amir Abolhassani sold his house in Saskatoon when his U.S.-based employer asked him to relocate to North Carolina. But at the Calgary airport this January, his family was not allowed to cross the border.

The U.S. Customs and Border Protection (CBP) officer told Abolhassani, who is a Canadian citizen, that it was because of time he spent as a conscript in Iran’s Islamic Revolutionary Guard Corps (IRGC) more than a decade ago. The family was subjected to a secondary screening involving a long interview and an extensive search of their belongings, cellphones and social media.

“It’s like we are not Canadians and our lives, our suffering is not important to anyone,” Abolhassani said.

“Am I not Canadian enough? The stress to be linked to a terrorist organization is the worst thing.”

The Trump administration labelled the IRGC as a terrorist organization in 2019. Abolhassani said all men in Iran above the age of 18 have to do mandatory service with one of the arms of the military.

“One in every three Iranians will be assigned to IRGC because it is one of the biggest branches of the military.”

Abolhassani said refusing conscription would prevent a man from getting a passport or accessing civic amenities, and can sometimes lead to further punishment.

“I know around 500 cases, almost 150 are Iranian-Canadians and others are Iranians that are facing the same situation.”

CBC News spoke with 15 Iranian-Canadians, all of them Canadian citizens, who continue to be stopped and detained while crossing into other countries due to their names being flagged as people who have helped a terrorist organization. All say they feel they are treated as second-class citizens.

“The officer said my wife can’t go to the U.S. either because she may have received military training from me. It’s disastrous,” Abolhassani said. “In two months of training, I held a weapon for three days. I have just fired four bullets in my life. A typical American teenager may have fired more.”

‘We’re not real Canadians yet’

Worried about losing his job, the 41-year-old applied for a visa to the U.S., but he is worried because he knows some people have been waiting for U.S. visas since 2019.

“We’re not real Canadians yet. Once you are flagged at the U.S. border, your name enters a list that when you are travelling to or from Canada and any other ally of the U.S., you will be flagged,” he said.

Maryam Ghasemi, a research assistant professor at the University of Waterloo, was supposed to begin a new research position at Augusta University in Georgia on Aug. 1. When Ghasemi went to the Rainbow Bridge border office in Niagara Falls, Ont., in May to apply for a TN Visa, she was denied.

Ghasemi said officers from Homeland Security searched through her family’s social media then escorted them to their car without giving any reasons.

“A CBP officer told me having a passport of the country doesn’t give me the nationality. She said my background is something else and that I’m not Canadian. That was really rude,” she said.

The family was given a letter of inadmissibility to the U.S. with no further explanation and was asked to consult the consulate in Toronto to get approved. An officer later told her it was because her husband had served in the IRGC.

“The university has decided to postpone my position until next semester. But if the visa process doesn’t work out, I will lose the position. The future is not clear to us.”

Canada offloading responsibility to the U.S.

Ghasemi, like many others, contacted members of Parliament and the Prime Minister’s Office, only to be told that it is not Canada’s responsibility.

The Canada Border Services Agency (CBSA) told CBC News in an email statement that though it is aware of instances of Iranian-Canadians being denied entry to the U.S. and other countries, there is not an internal mechanism for tracking them.

“The CBSA does not possess any power or authority to intervene in the immigration decisions made by other nations,” the statement said.

Global Affairs Canada shared a similar response.

“As a sovereign state, the U.S. retains the prerogative to determine the admissibility and the screening procedures for the entry of foreign nationals,” a spokesperson said.

But Iranian-Canadians like Abolhassani and Ghasemi say it is very much a Canadian problem.

“We feel we are second-class citizens. I thought Canada would support us, but we are not very important. This is shameful,” Ghasemi said.

“We want the government to stand up for us because they can solve it if they want to as they did with the Muslim ban. No one is taking action.”

CBC News reached out to the U.S. Department of Homeland Security and CBP for a comment, but did not receive a response before publication.

4S on boarding pass

Iranian-Canadians with past conscription with IRGC often receive a “4S” designation, which stands for Secondary Security Screening Selection, on their boarding passes.

Javad Mokhtarzadeh, a business owner in Montreal, said that on a recent trip to Europe his family was screened upon arrival and when they returned to Canada, their boarding passes had 4S on them.

“Officers talk to us as if we aren’t Canadian citizens. You granted me citizenship [and] my daughter was born here. I told my five-year-old daughter, it’s part of the game when passing airports,”  Mokhtarzadeh said.

“It was so frustrating and infuriating they asked my little girl to raise hands for body inspection and remove her shoes. In my own country, I’m treated this way and asked whether I have something to hide.”

Calgary resident Kamran Farzamfar said the problem affects even Canadian-Iranians, those born in Canada but of Iranian descent.

Farzamfar’s family of four visited the U.S. multiple times before 2019, for both leisure and work. But when they went to the airport for their first vacation since the pandemic this past February, they were denied entry.

“I tried to ask the officer if they can let my sons go for holiday at least, but [they] refused us entry that day,” Farzamfar said.

A few days later, the family tried again to have their sons allowed in for the trip.

“My son, who was born here, was denied entry. This issue is not only affecting Iranian-Canadians but also Canadian-Iranians,” he said.

On another occasion, when coming back from Frankfurt, a friend accompanying Farzamfar was also given a 4S designation, as they were on the same booking reference.

‘Zero rights as a Canadian’

Toronto resident Samin Kalhor tried to drive into the U.S. with his girlfriend, who had newly obtained Canadian citizenship, her mother and two little dogs. They were planning on celebrating Thanksgiving with family.

All three were stopped at the Buffalo border.

“They took my phone, credit cards, searched the car thoroughly and even the dogs. For five hours, they collected biometrics, fingerprints, retina scans and copied all the data from my phone including social media,” he said.

“My girlfriend, who I’d known for two months, was also denied entry.”

The couple met the same fate when travelling to Mexico for the new year holiday.

Kalhor said he was interrogated for seven hours in Cancun, in a room with glass walls with other “bad guys.”

“All the passengers passing by could see me sitting there as if I did something wrong. They asked questions about my religion, sexuality, and everything you can imagine,” he said. “It was probably one of the worst days of my life. I’m a very self-confident person but it crushed me.”

Kalhor said he came to Canada to make a better life for himself, but feels stuck. He said the issue will affect more Iranian-Canadians as travel picks up.

“If I want to plan my honeymoon, where should I go? Wherever I’ll go, I’ll get flagged. This is forever,” Kalhor said.

“I have zero rights as a Canadian. If other countries put IRGC on their lists, we’re doomed.”

Source: Iranian-Canadians feel like ‘2nd-class citizens’ as many continue to be stopped while travelling to the U.S.

‘Lineups still exist’: Is Ottawa’s task force on passport and service delays a ‘political stunt’? [rhetorical question]

The question answers itself. Such “virtue signalling” only further undermines trust in government:

The union representing passport officers says it hasn’t been approached by the government task force looking at passport delays, as questions swirl around the cabinet committee’s work to date.

Amid massive lineups at passport and Service Canada offices across the country, as well as major delays at airports, the Prime Minister’s Office announced on June 25 the creation of a task force made up of 10 cabinet ministers.

The cabinet committee was specifically instructed to “review service delivery, identify gaps and areas for improvement, and make recommendations to ensure Canadians from coast to coast to coast receive the highest quality of service.”

One month later, the Union of National Employees, which represents passport officers, says it hasn’t had any interaction with the task force meant to tackle the delays still affecting their members every day.

“I have not had any contact whatsoever with the task force as identified just over four weeks ago … I am not even aware if that task force has met,” said the union’s national president, Kevin King.

“There has not been any outreach at all from anyone representing a task force of 10 cabinet ministers.”

King said while there have been improvements, the delays continue at passport offices and there remains a need for more properly trained passport officers to vet applications.

“It doesn’t matter who they hire off the street, doesn’t matter who they bring in from other government departments, doesn’t matter how many other executives they bring in,” King said.

“The fact of the matter is they still don’t have enough passport officers who are fully trained to entitle a passport. It’s that simple, and that’s why lineups still exist.”

He noted that with a cabinet retreat expected in August, “the days are becoming less and less available for (the task force) to have a cohesive plan.”

King said his union and others have, however, been in talks to set up a meeting directly with Social Development Minister Karina Gould, who is responsible for the passport file, possibly in August.

The union representing Service Canada workers, including those who deal with passport intake, did have one meeting with the task force, where they were given updates similar to those given by government departments, said Crystal Warner, national executive vice-president of the Canada Employment and Immigration Union.

“They told us we would be invited to future discussions but haven’t received anything yet,” she said.

There hasn’t been much progress on delays, Warner said, with lineups still happening in some parts of the country. She said the union again had a meeting recently with government to push for more weekend office hours, and some kind of triage system.

“We’re still in a situation where there are ongoing needs at the front end,” she said, mentioning that soon international students will be coming in for SIN numbers. “So we’re waiting for the next influx at the front lines.”

The PMO release in June said the task force would also “monitor the situation” regarding delays at airports.

The National Airlines Council of Canada told the Star it reached out to the task force but never heard back. The Canadian Airports Council said it had been “in touch with PMO on the work of the task force,” but declined further comment.

The task force’s co-chair, Women and Gender Equality Minister Marci Ien, told reporters in June she’d “like to see something tangible in the next several weeks.”

Ien said the committee was first speaking with the ministers responsible for files including passports, immigration and air transportation. (Those ministers are not members of the task force.)

When asked this week about the task force’s work and who else they’ve consulted, Ien’s office provided the Star with a response similar to the PMO’s June statement, almost word for word.

“The recent service delays are unacceptable, and Minister Ien alongside the other members of the task force are working hard to resolve these issues,” the statement said.

“The committee of cabinet ministers has reviewed service delivery protocols, identified gaps and areas for improvement, and made recommendations to ensure Canadians from coast to coast to coast receive the highest quality of service.”

The statement said the actions being taken by each department are contained in regular updates provided by those departments to the public.

An update from Gould last week acknowledged that passport services “are not yet back to normal,” while announcing a new web page that includes steps being taken to improve services and statistics on delivery.

She said passport issuance has remained “relatively stable” over the last five weeks, with between 45,000 and 48,000 passports issued for each of those weeks, with the exception of the week of July 4 when 54,000 passports were issued.

“We’re doing everything we can to ramp that pace up every week,” she said, including adding more staff at Service Canada. The government also announced Monday the addition of five more passport pickup sites across the country.

The task force “is a political stunt that’s more about optics than solutions,” said Conservative social development critic Laila Goodridge, who said it’s “incumbent” on the government to be more transparent about its work.

“We were told when the task force was announced we would see change within weeks, and here we are a month out and only two days ago did we see a small change and it was providing additional pickup locations,” she said.

“If they’re working and they’re trying to find a solution here, they should be letting us know.”

NDP transport critic Taylor Bachrach said thousands of Canadians are still struggling to access basic government services, and that it’s “fair to expect” some level of transparency from the task force.

“The question is why they felt it was necessary to make so much public relations hay out of the formation of the committee. The formation of a committee is not an outcome,” he said. “And what we need here are outcomes and results.”

Source: ‘Lineups still exist’: Is Ottawa’s task force on passport and service delays a ‘political stunt’?

La crise des passeports aboutira-t-elle à une action collective?

Unlikely that there will be a class action given the unlikelihood of success according to the experts cited:

Billets d’avion inutilisables, frais d’annulation d’hôtels, vacances gâchées : les voyageurs frustrés de ne pas avoir reçu leur passeport à temps pourraient-ils intenter une action collective contre le gouvernement fédéral pour se faire indemniser ? Des juristes consultés par Le Devoir estiment qu’un tel recours est possible, mais non sans embûches.

Il est évidemment possible de poursuivre en justice le fédéral, ce qui a déjà été fait à de multiples reprises, établit d’emblée le professeur de droit public de l’Université de Sherbrooke Guillaume Rousseau.

Il rappelle toutefois que, pour utiliser cette procédure spéciale qu’est l’action collective, il faut franchir une étape supplémentaire par rapport aux autres manières d’intenter une poursuite : celle de l’autorisation. Un juge se penche alors sur le dossier et vérifie s’il satisfait aux critères permettant aux personnes s’estimant lésées de procéder « en groupe ». Si oui, le magistrat donne le feu vert à la poursuite, qui peut aller de l’avant.

Le juge ainsi appelé à autoriser une action collective doit par exemple se demander si elle convient à la situation. On peut penser ici qu’elle serait préférable à des centaines ou à des milliers de poursuites individuelles, souligne le professeur Rousseau.

Mais pour avoir gain de cause, il faudra que les voyageurs qui ont subi des dommages (certains d’entre eux ont annulé leur voyage à grands frais ou ont manqué des jours de travail pour faire la file, même la nuit, afin d’obtenir le précieux document de voyage) prouvent que le fédéral a commis une faute.

En droit public, il y a faute quand une personne adopte un comportement qui s’écarte de celui de la personne raisonnable. « Ici, le gouvernement a-t-il agi comme un bon administrateur ? » demande le professeur Rousseau. En d’autres mots, est-il fautif de ne pas avoir eu assez d’employés pour traiter les nombreuses demandes de passeport déposées quand les restrictions sanitaires ont commencé à être levées ? Devait-il allouer plus de ressources au bureau des passeports ? Ou encore embaucher plus d’employés — et plus tôt — en prévision de la reprise des voyages internationaux ?

L’« argument pandémique »

Une telle action collective « n’est pas gagnée d’avance, mais ce n’est pas non plus impossible », juge Me Anne-Julie Asselin, avocate au sein du cabinet Trudel, Johnston et Lespérance, qui pilote de nombreuses actions collectives au Québec.

Selon elle, « la difficulté majeure du dossier » est de prouver la faute de l’État fédéral. Me Alexandre Brosseau-Wery, avocat associé chez Kugler Kandestin, est un peu plus optimiste : « Cela pourrait, à première vue, être un bon recours. »

Mais tous deux soulèvent la même embûche : pour justifier ses ratés et ses retards, l’État pourrait soulever comme moyen de défense la pandémie, qui a envoyé en congé de maladie bon nombre de ses employés et qui l’a forcé à affecter certains d’entre eux à d’autres tâches. Sans oublier la pénurie de personnel qui sévit un peu partout.

Cet « argument pandémique » a déjà été soulevé par plusieurs défendeurs devant les tribunaux ces derniers temps, rappelle Me Asselin. Mais deux ans plus tard, l’argument est-il toujours valable ? Les tribunaux pourraient y être moins réceptifs avec le passage du temps. Et puis, il y a quand même des choses qui auraient pu être prévues par le gouvernement, dit l’avocate.

Me Brosseau-Wery est du même avis : « On peut concevoir que, s’il avait agi diligemment et de manière proactive, il aurait pu mettre en place le nécessaire pour répondre à la demande plus élevée », et respecter ses propres normes et délais de traitement des passeports. De plus, c’est le gouvernement fédéral lui-même qui a levé certaines des restrictions de voyage, ce qui a mené à une forte demande pour ce document officiel.

Un autre argument fort pourrait être utilisé contre le fédéral, avance le professeur Rousseau : l’article 6 de la Charte canadienne des droits et libertés, qui prévoit que « tout citoyen canadien a le droit de demeurer au Canada, d’y entrer ou d’en sortir ». 

Empêcher un citoyen de voyager à l’extérieur des frontières pourrait « être constitutif de faute. » Et quand il est question de droits protégés par la Charte, les tribunaux ne sont pas très réceptifs à des excuses du type « problèmes administratifs », ajoute-t-il.

Témérité et immunité

Par contre, Me Asselin signale que des avertissements sur le site Web du gouvernement enjoignaient aux voyageurs de ne pas acheter de billets d’avion sans avoir leur passeport en main. Cela n’exonérerait peut-être pas entièrement le fédéral, mais pourrait possiblement mener à un partage de responsabilité, estime-t-elle : Ottawa pourrait plaider que l’achat de billets était téméraire. La ministre fédérale du Développement social, Karina Gould, a elle-même soulevé cet argument.

À cela, certains pourraient répliquer qu’à une certaine période, le bureau des passeports ne traitait que les demandes des voyageurs qui avaient un vol partant dans les 48 heures.

Il y a aussi une difficulté supplémentaire quand on poursuit le gouvernement : toute la question de l’immunité dont bénéficie l’État dans certaines circonstances, rappelle Me Brosseau-Wery. Le tribunal doit déterminer si la situation dommageable résulte d’une décision politique (par exemple, dans le cas d’une piste cyclable, décider ou non de la construire) ou opérationnelle (l’entretien de ladite piste afin qu’elle soit sécuritaire), illustre-t-il.

Car l’État bénéficie d’une immunité relative quant à ses décisions de nature politique, sauf en cas de mauvaise foi.

La limite entre une décision de nature politique ou opérationnelle est toutefois souvent difficile à établir, juge l’avocat. Mais cette immunité, si elle est applicable, peut jouer en faveur du gouvernement et faire échec à la poursuite, renchérit Me Asselin.

Source: La crise des passeports aboutira-t-elle à une action collective?

Tatour: Israel can now strip away 48 Palestinians’ #citizenship

Of note, even if reference to broader “ethnic cleansing” is overstated:

Last week, in a precedential decision, Israel’s Supreme Court ruled that the state had the power to revoke the citizenship of a person convicted of offences that amounted to “breach of loyalty”, even if the person would become stateless as a result and in violation of international law.

The decision deliberated on the case of Alaa Zayoud, a Palestinian who holds Israeli citizenship. In October 2015, Zayoud rammed his car into a bus station and stabbed three Israelis. In 2017, a year after his conviction, the minister of interior notified Zayoud of his intent to revoke his citizenship, in accordance with the Citizenship Law.

The importance of this decision cannot be overstated. Its implications are grave and will be seen in the near and far future

The administrative court in Haifa approved the decision. Zayoud appealed and the case ended up in the Supreme Court.

In its decision, the Supreme Court determined that: “No constitutional defect in the arrangement that allows the revocation of the citizenship of a person who committed an act that constitutes a breach of loyalty in the State of Israel, such as: an act of terrorism; an act of treason or serious espionage; or the acquisition of citizenship or the right of permanent residency in a hostile state or in hostile territory.

“This is so, even if as a result of the revocation of his citizenship, the individual becomes stateless, provided that if the individual becomes stateless, the interior minister must grant him a status of permanent residence in Israel or another designated status.”

The importance of this decision cannot be overstated. Its implications are grave and will be seen in the near and far future. This decision has created a legal path for revoking the citizenship of the 48 Palestinians (also known as Palestinian citizens of Israel), a stepping-stone in Israel’s efforts to advance the ethnic cleansing and expulsion of Palestinians.

‘Terrorist intent’

On a practical level, the court has cleared the way for what would become the routine denaturalisation of Palestinians with Israeli citizenship, making them vulnerable to deportation, something Israel has long aspired to.

The decision to substitute citizenship with a so-called permanent residency status might enable individuals to continue to have access to some social services, but it strips them from the utmost protection that citizenship is designed to grant: the right to remain at home.

Israel knows that to make 48 Palestinians vulnerable to expulsion, it has first to revoke their citizenship. The court’s decision facilitates just that.

And it is Israel and its security services who define what constitutes a “breach of loyalty”, which according to the Citizenship Law creates the grounds for revoking citizenship. At the moment, Israel defines a “breach of loyalty” based on Israel’s Counter-Terrorism Law, which permits it to classify different offences as terrorist acts.

Israel routinely applies “terrorist intent” when it comes to Palestinians. For example, in the aftermath of May 2021’s Unity Intifada, Israel arrested thousands of Palestinians and filed indictments against hundreds of protesters, with 167 of them charged with terrorist offences, based on the Counter-Terrorism Law.

Following the Supreme Court’s recent decision, all of them face the threat of having their citizenship revoked. Palestinians know all too well what this could potentially mean: expulsion from their homeland.

The act of revoking citizenship would leave the affected Palestinians stateless. Israel already made all Palestinians stateless in 1948 with the nullification of Palestinian citizenship under the British Mandate. Many Palestinians remain stateless. The Palestinians who remained after the Nakba (the Catastrophe) in 1948 received Israeli citizenship in the first two decades of the state.

Now Israel is threatening to make them stateless again.

Although this decision clearly violates international law, the court still determined that it was constitutional to denaturalise Palestinians, stating – falsely – that the condition of statelessness could be remedied through the extension of “permanent residence in Israel or another designated status”.

A secret plan

The experience of Jerusalemites teaches us that there is nothing permanent in “permanent residence” when it comes to Palestinians. Since 1967, Israel has regularly revoked the residence of Jerusalemites, effectively banning them permanently from their city and homes. So far, over 15,000 residencies have been revoked, as part of the ongoing effort to eliminate Palestinians from the city.

Israel has never made peace with the existence of its Palestinian citizens. It pursued plans for the mass expulsion of 48 Palestinians in its first decade. The Kafr Qasim massacre of October 1956, in which the army executed 51 Palestinians, was part of a larger secret plan, called Operation Hafarperet, to oust the Palestinian population from the Little Triangle.

In addition, in the early 1950s, Israel attempted to advance a plan for the expulsion of 10,000 Palestinians from seven villages in the Galilee, as well as other plans for the resettlement of Palestinians in Argentina and Brazil.

The quest to expel Palestinians persisted. It re-emerged in the Israeli public and political landscape during the 1980s with the rise of Meir Kahane, an American-born ultra-Orthodox nationalist rabbi, and his fascist party, Kach. Kach advocatedthe denaturalisation of Palestinian citizens and their transfer, as well as the expulsion of Palestinians in the occupied 1967 territories.

Proposed plans to reduce the number of Palestinian citizens are now an integral part of the Israeli mainstream political discourse

Since the 2000s, there have been significant efforts to make the citizenship of Palestinians more easily revocable. Proposed plans to reduce the number of Palestinian citizens are now an integral part of the Israeli mainstream political discourse and are supported by most of the Israeli public.

We have seen calls to demand that 48 Palestinians sign an oath of allegiance to the Israeli state as a Jewish state; the adoption of the Nation-State of the Jewish Peoplein 2018; and the advancement of what is known as the “population exchange” plan– the planned transfer of Little Triangle villages and their estimated 300,000 residents to the Palestinian state against the will of the Palestinians in these areas.

Instrument of sumud

In an alarming development, in recent years Israel has been revoking the citizenship of Palestinian Bedouins in the Negev in an apparent test case for a wider project of denaturalisation of Palestinian citizens. In 2010, the Ministry of Interior began a review of the citizenship status of the Bedouin.

Its report concluded that thousands of Bedouin had been erroneously registered as citizens. Subsequently, Israel denaturalised hundreds of Bedouin in the Negev, rendering them stateless.

It is no coincidence that Israel began with the Bedouin – the most vulnerable and marginalised population among 48 Palestinians.

It is no secret that Israel wants to see all Palestinians, including 48 Palestinians, vanish. Even though the latter were granted Israeli citizenship, Israel sees 48 Palestinians as guests whose presence is not only undesirable, but always conditional.

Israel sees in their citizenship a gesture, not a right – and gestures can always be undone – as articulated by Israel’s former transport minister, Bezalel Smotrich: “We are the landlords of this land. This land has belonged to the Jewish people for thousands of years. God did promise us all of the Land of Israel, a promise he kept. We’ve just been the most hospitable people in the world since the days of Abraham and so you’re still here. At least for now.”

We need to see it for what it is: Israel is working step by step to create legal paths for making denaturalisation, and thus the expulsion, of 48 Palestinians possible. For 48ers, Israeli citizenship has been an instrument of sumud or steadfast perseverance.

It guarantees – for the most part – their continued presence in their homeland. For 48 Palestinians, citizenship means survival.

Source: Israel can now strip away 48 Palestinians’ citizenship

Aging South Korea turns to immigration

Notable shift:

The Ministry of Justice will open a bureau to facilitate immigration as South Korea struggles to cope with falling birth rates and an aging population.

After briefing President Yoon Suk-yeol on Tuesday morning, Justice Minister Han Dong-hoon told reporters that the plans for a central bureau overseeing policies relating to immigration will begin to take shape over the remaining year.

Since taking office in May, Han has said that during his term, he would make it his mission to institute an immigration-friendly system within the government. “Building forward-looking, effective immigration policies is critical for the country’s future,” he said.

The ministry is trying out new programs for attracting and retaining immigrants.

One of them is a “fast-track” path to citizenship and residence for highly-skilled applicants, set to open in October. Another is a “region-specific” visa to encourage foreigners to settle in regions with steeper population declines.

The ministry will also set out initiatives for removing barriers for children of immigrants in accessing education, health care and other social services.

In the same briefing, Han said the ministry plans to crack down on serious, widespread crimes in South Korea, as prosecutors are about to lose their powers to investigate and prosecute most crimes. Once the Democratic Party of Korea-backed laws come into effect in September, prosecutors can no longer be involved in the investigations of the crimes that they prosecute.

He said the ministry will zero in on crimes targeting vulnerable populations such as minors and women. Child maltreatment surveillance will be increased. Power-based sexual violence will be dealt heavier penalties. GPS tracking anklets will be used on those convicted of stalking.

More investigations will be encouraged against corporate and white-collar crimes such as tax evasion, as well as fraud rings perpetuating phishing and cryptocurrency scams, he added.

Han said key goals of the ministry under his leadership would be establishing a judicial system that is adaptive to future challenges; criminal justice collaboration with police and concerned ministries to reduce violence and corruption; and promotion of human rights and a victim-centered approach in the administration of justice.

Source: Aging South Korea turns to immigration