Immigrants — many highly educated — are changing California for the better

Interesting how the debate over whether the US should adopt a “merit-based” system, market forces are already making the shift, with California, as always, being a trend setter:

Distracted by President Trump and his riled resisters, it’s easy to miss the big picture of foreign migration to California.

It’s the old story of not seeing the forest for the trees.

Portrayed in this forest grandeur is a new story in the long history of people uprooting and migrating to California chasing opportunities and dreams.

It is the story of many newly arrived immigrants — especially from Asia — being better educated than U.S.-born citizens.

They’re not starting at the bottom of the work ladder as Chinese laborers did 150 years ago when they risked life and limb to help build the Transcontinental Railroad through the granite Sierra.

True, many Latin Americans are still migrating here to work in the fields and harvest crops — although not nearly enough of them, farmers say — or wash dishes in four-star restaurants. But many of them also are much better educated than their predecessors.

“It’s the old story of immigrants coming to the U.S. and California seeking a better life for themselves and their children,” says Hans Johnson, an immigration and demographics expert at the nonpartisan Public Policy Institute of California.

“What’s different now is the trend toward immigrants coming into California with high levels of education. The share of those who already have completed college is extremely high. Asian immigrants are the best educated group in California, better than U.S.-born. Immigrants from India are the single best educated group in our state.”

And the increasing education levels of Latin American migrants, Johnson says, “means there are fewer lower-skilled immigrants and a smaller pool of farm workers than there used to be.”

But California’s economy still relies on immigrants with little education, Johnson notes in a PPIC research paper released last week. The report is based on immigration figures through 2017, the latest available.

In 2017, Johnson reports, 32% of working-age California immigrants had not graduated from high school. They primarily worked in the agriculture and hospitality industries.

But that same year, 52% of working-age immigrants who had lived in the U.S. for five years or less had at least bachelor’s degrees — up 30 percentage points since 1990. In contrast, only 37% of U.S.-born Californians were college graduates — up just 10 points since 1990.

And in 2017, 55% of newly arrived immigrants were from Asia, roughly double the number from Latin America, 29%. The majority from Asia had at least a bachelor’s degree — and 80% of immigrants from India did.

Of all California workers with bachelor’s degrees, about 30% were immigrants. The overwhelming majority of college grads working in electronics and product manufacturing were immigrants.

What’s attracting them to California now is not railroad building, gold strikes or even farm harvests, but technology, especially in Silicon Valley and the Los Angeles basin.

“Silicon Valley is drawing in immigrants,” Johnson says.

There are five counties where more than a third of the population comprises immigrants. And the top three are in and around Silicon Valley: Santa Clara, San Francisco and San Mateo. The other two are Alameda, across the bay from Silicon Valley, and Los Angeles.

The influx of college-educated immigrants couldn’t come at a better time. California needs these people to replace U.S.-born, college-educated baby boomers who are rapidly retiring, Johnson says. The U.S. birthrate hasn’t kept up with the retirement pace.

“The number of college grads leaving the labor market is at a record high,” Johnson says. “We’ve never seen in the history of California, or the U.S., such a large and highly educated cohort of people leaving the labor force. We need more highly educated workers in California.”

And many are arriving from foreign countries to fill the void.

There’s much more happening with immigration than border walls, family separations, caravans of refugees from violent Central America and demagogic diatribe.

In his research, Johnson concluded there are almost 11 million immigrants in California, about a quarter of the foreign-born population nationwide. That’s 27% of California’s population, more than double the percentage of foreign-born for the rest of the country.

Only about 14% of immigrants are in California illegally. That’s 1.5 million people, down from 2 million in 2010.

Half of California immigrants are from Latin America; 40% from Asia. The main countries of origin are Mexico (4.1 million), China (969,000), the Philippines (857,000), Vietnam (524,000) and India (507,000).

But since 2010, most immigrants — 56% — have arrived from Asia; 29% from Latin America.

Illegal immigration from Mexico has tailed off and it has little to do with anything Trump has tried. It started early in President Obama’s administration and probably was partly due to his stepped-up deportations. But mainly it was because of a better job market in Mexico.

“Labor opportunities in Mexico have generally been improving,” the researcher says. “Population growth has slowed as birthrates have come way down. The number of new workers has declined dramatically, which translates into fewer people in the labor force.” And that means less competition for jobs.

Birthrates are falling because more women are working, he says. That’s happening in many developed countries, including ours.

Meanwhile, California’s technology hub is attracting a much-needed, highly educated workforce.

The state is changing for the better before our eyes. But probably few of us are noticing.

Source: Immigrants — many highly educated — are changing California for the better

Liberals end ‘unfair’ policy that penalized refugees from so-called ‘safe countries’

Not much left of these measures between court decisions and Liberal policy changes, will see what Andrew Scheer says in his forthcoming policy speech on immigration:

The Liberal government has killed a controversial Harper-era initiative that did not afford all refugees the same rights and instead penalized those who came from so-called “safe countries” like the United States.

Starting immediately, Canada will remove the tight timeframe for their claims to be heard and let them appeal possible rejections, as well as grant them the right to work immediately and receive health care — benefits previously bestowed only on asylum seekers fleeing from war-torn countries and corrupt regimes.

“The system is unfair and treats people differently based on nationality,” Immigration Minister Ahmed Hussen told the Star in a phone interview Thursday. “The policy hasn’t worked. It was meant to introduce efficiency, but it has created the opposite effects. It’s time to go.”

The move by Ottawa follows several Federal Court decisions over the years that have chipped away at the core provisions of the so-called “safe country” policy introduced in 2012 by Stephen Harper’s Conservative government to target rising asylum claims from Eastern Europe and Mexico. The government established a list of safe countries and created a faster processing and removal system for claimants from these nations.

The Liberals’ decision to eliminate the safe country list, to be made public Friday, officially strikes down the last remaining planks of their predecessor’s controversial revamp of the refugee asylum system.

The original reforms aimed to deter “bogus claimants” whose lives weren’t in danger, but who came to Canada for economic opportunities. However, the changes failed to stem the flow of migrants and the Conservatives did not invest the necessary resources to manage the new system.

Refugee claims from these countries were not being processed any faster, said Hussen, and added additional burden to the asylum system that was further stretched over the past two years as a result of a surge of claimants crossing into Canada from the U.S.

“We are getting rid of the last piece of the policy that is responsible for creating the legacy backlog,” said Hussen. Under the safe country regimen, refugees from the list were given limited time for claims to be heard, had restricted access to appeals and health coverage, and faced quick deportation — which the court has ruled violated the Charter of Rights and Freedoms.

Critics have long noted that people from so-called safe countries can still face persecution at home due to sexual orientation, ethnicity and religion, and for a variety of reasons their countries can fail to protect them. They also complained the statutory timelines to process safe country claims were unreasonable and created chaos and further backlogs because the previous government did not put in enough resources to let the refugee board do its job.

The safe country list initially included 23 countries and has since been expanded to 42, including the United States, Czech Republic, Hungary and Mexico.

Hussen said improving the efficiency of the asylum system has always been part of his mandate since being appointed immigration minister in 2017. Under his watch, an independent review of the system was completed, an asylum management board was established to oversee the system, the legacy backlog was cleared and additional resources were pumped in to boost the refugee board’s processing capacity.

The removal of the safe country list, however, has no impact on the bilateral Safe Third Country Agreement with the U.S., which bans refugees from third countries coming through the United States and seeking asylum in Canada at the official ports of entry. These so-called irregular migrants can still seek asylum in Canada if they manage to sneak in and meet exemption requirements — and be processed like all refugees.

In 2018, the federal government invested $74 million over two years to hire 64 refugee judges and 185 support staff to handle the ballooning backlog, which reached 74,000 cases as of the end of March. As part of the 2019 federal budget, Ottawa has added more resources to boost the board’s operation to allow it to process up to 50,000 asylum claims and 13,500 appeals a year by 2021.

Immigration officials said only 12 per cent of asylum claims submitted from Jan. 1, 2013 to March 31, 2019 were from citizens of the designated safe countries.

Source: Liberals end ‘unfair’ policy that penalized refugees from so-called ‘safe countries’

Irregular asylum claims in Canada drop nearly 50% from last year

Ironic, given the government’s plan to close the STCA loophole for those entering Canada outside regular border posts. And of course, still too early to see if this trend continues for the balance of the year:

The number of asylum-seekers crossing the border “irregularly” into Canada has slowed compared to early last year.

Statistics published by the federal government show the RCMP apprehended 3,944 irregular migrants between official border crossings in the first third of this year.

That’s a 48-per-cent decline compared to the more than 7,600 irregular border crossers intercepted between January and April 2018.

Despite this, Darrell Bricker of the polling firm Ipsos Public Affairs says data shows Canadians are increasingly concerned over immigration levels in Canada, due in large part to the influx of irregular migrants.

He and other experts who took part in an immigration summit in Ottawa last week are warning against rising populist sentiments that could harden Canadian attitudes against newcomers.

Fen Hampson, executive director of the World Refugee Council, says a key concern is that the public doesn’t differentiate between refugees and economic immigrants — and that Canadians may not realize Canada’s refugee influx is nothing compared to the migrant crises facing other countries.

Source: Irregular asylum claims in Canada drop nearly 50% from last year

Immigration Form Denials Rise Every Quarter Except One Under Trump, Up 80% Overall

Source: Immigration Form Denials Rise Every Quarter Except One Under Trump, Up 80% Overall

Despite falling numbers, immigration remains divisive EU issue

Easier to continue campaigning even if the numbers are falling, than address more substantial and complex issues:

Migrant arrivals to Italy have almost dried up, new asylum requests across the European Union have more than halved in three years and at the end of 2018, Hungary’s reception centers housed just three refugees.

On the face of it, Europe’s migrant crisis appears over, but the shockwaves still resound around the continent ahead of this month’s European Parliament election, and nationalist politicians are looking to capitalize on the continued tumult.

“The most important thing is that leaders are elected who oppose immigration so that Europe will be in a position to defend itself,” Hungarian Prime Minister Viktor Orban said on the sidelines of an EU summit in Romania last week.

Opponents accuse far-right and populist parties of grossly exaggerating the problem, but the issue still resonates, with a YouGov poll published on Monday showing that immigration was currently the voters’ top concern, followed by climate change.

The survey, carried out in eight EU states, showed just 3% of respondents thought “all is well” on the migration front, YouGov said. Only 14% believed the European Union had done a good job handling the emergency.

Once consigned to the fringes of European politics, anti-immigrant parties saw support surge in 2015 when more than a million refugees and migrants flowed out of the Middle East and Africa in search of a safer, better life in Europe.

The influx caught EU governments by surprise, stretching both social and security services, and revealing the inability of Brussels to find a way of sharing the immigration burden in the face of wildly conflicting national interests.

Perhaps unsurprisingly, nationalist and eurosceptic parties are expected to chalk up their best ever result in the May 23-26 EU vote, putting them in a strong position to shape policy in the 28-nation bloc over the coming five years.

LOSING MOMENTUM

In all, some 4.57 million people have requested asylum here in the European Union since the last EU vote in 2014, a threefold increase over the prior five-year period, according to EU statistics agency Eurostat. But the numbers are receding.

Thanks partly to much tighter controls, often put in place by newly empowered anti-immigrant parties such as the League in Italy, new arrivals to Europe fell to under 150,000 last year here, U.N. data shows, with even fewer expected in 2019.

Headed by Deputy Prime Minister Matteo Salvini, the League looks set to emerge as Italy’s largest party in the May ballot, with polls suggesting it will win around 30% against 6% at the last EU election in 2014 and 17% at a 2018 national ballot.

Since taking office last June, Salvini has effectively closed ports to migrants rescued in the Mediterranean, helping cut new arrivals here to around 1,100 so far in 2019 here, down some 90% on 2018 levels and 98% on the same period in 2017.

But latest polls suggest momentum for the League might be slowing, with the focus on immigration starting to fade – at least in Italy, where concerns about the economy and corruption are pushing to the fore.

“Salvini hopes immigration will remain a central issue because it is one that generates most support for him,” said Lorenzo Pregliasco, head of political analysis firm YouTrend.

“But is hard for him to say ‘we have reduced migrant arrivals by 98 percent’ and then keep saying immigration is a threat. This is creating a problem for him,” Pregliasco told Reuters.

Looking to keep migration in the spotlight, the League and its political allies in Europe have been quick to portray the newcomers as a security threat, pointing to deadly jihadist attacks over the past five years, including assaults in Paris, Brussels, Berlin, London and Barcelona.

A poll by the European Council on Foreign Relations said there was a clear majority in every country for better protection of Europe’s borders, while Europeans saw Islamic radicalism as the biggest threat facing the continent.

“There is a creeping Islamisation, a population change, or a population displacement,” said Heinz-Christian Strache, the head of Austria’s far-right Freedom (FPO) party, a junior coalition partner.

PLAYING ON FEARS

Mainstream parties accuse the populists of playing on base emotions and say they are not interested in finding a comprehensive solution to the refugee question, which could include quotas for redistributing new arrivals around the bloc, and better integrating migrants into European society.

“The danger I see is that there are politicians in Europe who have a reason to keep this problem alive,” Manfred Weber, the German lead candidate for the EU center-right, told Reuters.

Germany took in more than a million asylum-seekers in 2015 – a decision welcomed by human rights groups, but that also stoked support for the anti-migrant, far-right Alternative for Germany (AfD).

Tapping into discontent amongst part of the electorate, AfD entered the national parliament for the first time in 2017 and is the only German party that is putting an emphasis on immigration in campaigning for the EU vote.

“Refugees are bringing crime into our towns,” the AfD has said in Tweets and leaflets ahead of the ballot – an assertion rejected by its opponents.

Mainstream German parties are focusing on other issues and hoping immigration will fall off the radar screen. It is a similar story in France, where President Emmanuel Macron’s party has listed immigration as only its number 5 priority, with the environment in the top spot.

Gerald Knaus, chairman of the Berlin-based European Stability Initiative think-tank, believes that by relegating the question, moderate parties will allow extremist rivals to frame the debate and let the anti-immigrant narrative predominate.

“What is lacking from mainstream parties is a coherent, convincing message that they can control arrivals without violating human rights,” he told Reuters.

“The majority of people want migration control but they also have empathy for refugees. As things stand, these voters have no-one to turn to (in this election).”

USA: Is There a Connection Between Undocumented Immigrants and Crime?

Spoiler – no:

A lot of research has shown that there’s no causal connection between immigration and crime in the United States. But after one such study was reported on jointly by The Marshall Project and The Upshot last year, readers had one major complaint: Many argued it wasunauthorized immigrants who increase crime, not immigrants over all.

An analysis derived from new data is now able to help address this question, suggesting that growth in illegal immigration does not lead to higher local crime rates.

In part because it’s hard to collect data on them, undocumented immigrants have been the subjects of few studies, including those related to crime. But the Pew Research Center recently released estimates of undocumented populations sorted by metro area, which The Marshall Project has compared with local crime rates published by the F.B.I. For the first time, there is an opportunity for a broader analysis of how unauthorized immigration might have affected crime rates since 2007.

A large majority of the areas recorded decreases in both violent and property crime between 2007 and 2016, consistent with a quarter-century decline in crime across the United States. The analysis found that crime went down at similar rates regardless of whether the undocumented population rose or fell. Areas with more unauthorized migration appeared to have larger drops in crime, although the difference was small and uncertain.

(Illegal immigration itself is either a civil violation or a misdemeanor, depending on whether someone overstayed a visa or crossed the border without authorization.)

Most types of crime had an almost flat trend line, indicating that changes in undocumented populations had little or no effect on crime in the various metro areas under survey. Murder was the only type of crime that appeared to show a rise, but again the difference was small and uncertain (effectively zero).

For undocumented immigrants, being arrested for any reason would mean facing eventual deportation — and for some a return to whatever danger or deprivation they’d sought to escape at home.

There is no exact count of unauthorized immigrants living in the United States. To create estimates, experts at Pew subtracted Department of Homeland Security counts of immigrants with legal status from the number of foreign-born people counted by the Census Bureau. Many organizations and agencies, including the D.H.S., use this residual estimation method; it is generally considered the best one available. As of 2016, there were an estimated 10.7 million undocumented immigrants nationwide, down a million and a half since 2007.

Jeffrey Passel, a Pew senior demographer, and his team estimated changes in undocumented populations for roughly 180 metropolitan areas between 2007 and 2016. For comparison, The Marshall Project calculated corresponding three-year averages of violent and property crime rates from the Uniform Crime Reporting program, and the change in those rates.

The results of the analysis resemble those of other studies on the relationship between undocumented immigration and crime. Last year, a report by the Cato Institute, a libertarian think tank, found that unauthorized immigrants in Texas committed fewer crimes than their native-born counterparts. A state-level analysis in Criminology, an academic journal, found that undocumented immigration did not increase violent crime and was in fact associated with slight decreases in it. Another Cato study found that unauthorized immigrants are less likely to be incarcerated.

At the more local level, an analysis by Governing magazine reported that metropolitan areas with more undocumented residents had similar rates of violent crime, and significantly lower rates of property crime, than areas with smaller numbers of such residents in 2014. After controlling for multiple socioeconomic factors, the author of the analysis, Mike Maciag, found that for every 1 percentage point increase in an area’s population that was undocumented there were 94 fewer property crimes per 100,000 residents.

More research is underway about the potential effects of undocumented immigration on crime. Robert Adelman, a professor at the University at Buffalo, SUNY, whose group’s research The Marshall Project and The Upshot have previously documented, is leading a team to expand on the Governing analysis. Early results suggest unauthorized immigration has no effect on violent crime, and is associated with lower property crime, the same as Mr. Maciag found.

Preliminary findings indicate that other socioeconomic factors like unemployment rates, housing instability and measures of economic hardship all predict higher rates of different types of crime, while undocumented immigrant populations do not.

Many studies have established that immigrants commit crimes at consistently lower rates than native-born Americans. But a common concern is whether immigrants put pressure on native-born populations in any number of ways — for instance, by increasing job competition — that could indirectly lead to more crime and other negative impacts.

According to Mr. Adelman and his team, however, the impact of undocumented immigrants is probably similar to what the research indicates about immigrants over all: They tend to bring economic and cultural benefits to their communities. They typically come to America to find work, not to commit crimes, says Yulin Yang, a member of the team.

The data suggests that when it comes to crime, the difference between someone who is called a legal immigrant and an illegal one doesn’t seem to matter.

Immigration’s impact on Canadian economy cuts many ways for economists

Good summary of what the data shows, largely based on UBC economist David Green:

Are immigrants good for the Canadian economy?

Forty-five per cent of Canadians answer “yes” to this broad question, while 22 per cent say “no” and 33 per cent are not sure. There’s an argument to be made those who told Ipsos pollsters they don’t know are the most honest — and also the most realistic.

Most Canadians don’t follow the economists who track how immigration and temporary workers have an impact on Canada. If they did, they’d soon realize economists’ findings often conflict with the views championed by corporate executives and politicians.

Canada’s traditionally high immigration rates actually cut many unpredictable ways. The more than 300,000 immigrants and 700,000 temporary migrants recently arriving in the country help expand the overall economic pie. But to most economists that doesn’t mean much.

Economists, instead, mine data to discover whether average wages rise or fall because of migration, which types of migrants do best, whether a foreign education or offshore work translates to Canadian success and how much it matters to be proficient in English or French.

UBC economist David Green says it can be misleading to emphasize the gross domestic product. Yet I’d suggest it’s what almost half of Canadians are probably thinking about when they tell pollsters immigration is good for the economy.

“The size of the whole economy is not really what we care about. What we really care about is per capita income. We care about how much each one of us gets in income,” Green said in an interview.

“Think about whether you’d rather be living in India or living here, just in terms of your material wealth. India, in terms of GDP, is bigger than us. But in terms of GDP per capita we’re way ahead of them. So you’d rather be in a rich society than a big society.”

Designing immigration policies mainly to boost the GDP “makes little sense,” Green says. That is, unless you’re a business owner who wants a bigger market for your product (such as real estate or automobiles) and more choice in who you can hire.

Here’s a second lesson from economists: When it comes to what really matters for most Canadians — per capita wages — Green explains the impact of immigration is over time “very close to zero.”

The extreme boosters or critics of immigration, as a result, may have to tone down their rhetoric in light of findings by Green and others that, overall, immigrants neither “steal jobs” nor “magically grow them either.”

Here are eight other discoveries economists have made about migration:

New immigrants aren’t doing as well in Canada as in the 1980s

Historical graphs show immigrants’ earnings, compared to that of the native-born in Canada, were strongest in the 1980s and declined precipitously until about 2003, when they slowly began improving.

There are two reasons for this decline in the 1990s, says Green. One is that all new entrants to Canada’s labour market, including domestic-born, struggled with lower wages during that period. The other is that fewer immigrants came from Europe.

Language matters, a lot

Economic studies have consistently shown the most successful immigrants to Canada are those who are adept at English or French. “There is a positive correlation between language skills and earnings,” says Green.

Source country also makes a difference

“People from source countries where English or French is not the main language, or with different educational institutions, do less well in the Canadian economy … compared to immigrants from Northern Europe or the U.S.,” says Green.

When Australia introduced stricter language testing of immigrants, economist Andrew Clarke and others found immigrants earned higher incomes. But that could be because the new language demands led to more people going to Australia from Europe.

Foreign degrees not quite as valuable as Canadian degrees

Immigrants with a foreign degrees don’t always gain greatly from it, unless they’re literate in French or English, according to economist Joseph Schaafsma.

“The implication is that, on average, immigrants have lower returns on education because their education skills are not as productive in the Canadian economy,” says Green, who nevertheless adds it’s still valuable to select educated immigrants.

It might help if Canadian officials improved efforts to recognize the credentials of people trained outside the country, Green says, “but it won’t be a panacea.”

Offshore work experience doesn’t pay off as expected

This is a harsh reality for many new immigrants.

“Foreign-acquired work experience obtains a zero return in Canada,” both Green and Carleton’s Christopher Worswick discovered. Work skills that immigrants develop in their home countries might not be as useful in the Canadian labour market as they would like.

While it’s hard to pin down exactly why immigrants do not benefit greatly from work experience in a foreign land, Green says it could partly be attributed to “discrimination.” But it’s also a result of old-country experience not easily transferring to a new land.

There are winners and losers in migration

Although the across-the-board impact of immigration on Canadian wages is flat, some low-wage workers can get hit.

American economist Giovanni Peri is among those who have found that relatively recent immigrants can be financially hurt when a new wave of immigrants arrives soon after them.

Although U.S. evidence doesn’t translate easily to Canada, it suggests immigration can have a negative impact on the wages of lower-skilled workers, including both immigrants and the native-born. Some domestic workers adjust by moving into jobs that require strong English-language skills.

There can also be negative impacts on the wages of those in the host society when temporary workers come to Canada, says the University of Ottawa’s Pierre Brochu. The number of temporary workers in Canada, including the low-skilled, has roughly doubled since the 2015 election of Prime Minister Justin Trudeau.

Immigrants tend to pay less in taxes

Since immigrants start in Canada with earnings that are below the national average before they gradually catch up, Green says it “implies they will tend, on average, to contribute less to the public purse.”

Immigrants lean to self-employment and small businesses

Even though commentators point to the way immigrants appear slightly more likely than the native-born to “create businesses,” the trend is a bit more complicated.

“We find that immigrants are more likely to open firms, but they are much more likely to be spells of self-employment, rather than incorporated firms that employ others,” says Green. “And even the incorporated firms tend to be small.”

• • •

Although the financial data is not all rosy for immigrants to Canada, it doesn’t mean most don’t benefit from leaving their homeland.

Most economists agree nearly all immigrants gain tremendously by moving to a high-wage country such as Canada from their own countries, which typically offer lower wages and are often dysfunctional.

What’s more, the United Nations’ Happiness Report, co-run by UBC economist David Helliwell, finds that immigrants who move from “unhappy” countries (where residents report low rates of life satisfaction) to happier ones such as Canada soon end up as happy as the host society.

In addition, many immigrants make their life-changing move to a new land as part of a long game for their families, so their children can get better educations and grow up in more stable societies and stronger economies.

Indeed, Statistics Canada studies reveal the offspring of immigrants do far better than the native-born in both obtaining university degrees and high-skilled jobs. Says Green: “There are potential gains to Canada as whole from the second generation.”

Many people make sweeping generalizations for and against immigration, but instead of going with bombast, economists show the truth is in the details.

Source: Immigration’s impact on Canadian economy cuts many ways for economists

Supreme Court says migrants can bring detention challenge to judge

A reminder of legal constraints regarding immigration policy:

Refugee claimants have the right to challenge their prolonged incarceration before a Superior Court judge, the Supreme Court of Canada has ruled.

In a 6-1 decision released Friday, justices ruled in favour of Tusif Ur Rehman Chhina, a Pakistani national who challenged his prolonged detention in a maximum-security remand centre in Calgary. He was detained because he was deemed a security risk.

His case was reviewed regularly by an immigration tribunal, which repeatedly ordered him detained as a flight risk.

The majority of the justices found the tribunal process does not provide for a review that is “as broad and advantageous” as a hearing before a Superior Court.

Chhina had been stripped of his refugee status and ordered deported because he misrepresented his identity to Canadian officials and was involved in serious criminality, including possession of a prohibited weapon, forgery and fraud.

Chhina was removed from Canada in September, 2017 but his legal case carried on, to determine whether the current detention regime is constitutional.

He had argued his charter rights to liberty and freedom from arbitrary detention were violated.

Human rights groups praise ruling

The ruling focused on the legal principle of habeas corpus, which allows someone in custody to go before a judge to challenge a detention. The ruling sets aside an exception that compelled migrants without Canadian citizenship to challenge immigration detention only through immigration tribunals or a federal judicial review.

Human rights groups and refugee advocates welcomed the decision.

Amnesty International said Canada has an international legal obligation to guarantee immigration detainees are able to exercise the right to a Superior Court hearing.

“The right to liberty is a fundamental human right. This decision vindicates immigration detainees who have been denied their liberty for years on end with no meaningful way to challenge that injustice and regain their freedom,” said Amnesty International Canada’s secretary general Alex Neve. “They can now seek justice in superior courts and have their Charter rights protected and enforced.”

‘Devastating impacts’

The Canadian Council for Refugees said detainees don’t always get a fair hearing and incarcerating them can have serious repercussions.

“Detention often has devastating impacts, even when it is only for a short period, particularly for children, refugee claimants, trafficked persons and individuals suffering from mental health issues,” reads a statement.

Swathi Sekhar, lawyer for the advocacy group End Immigration Detention Network, said the high court delivered an “important tool” for migrants to challenge their detentions. In a habeas corpus application, the onus is on the government to prove the detention is lawful, but in a detention review the onus is usually on the migrant to prove they should be released.

“This is one more tool, but more importantly this is one more large step on the road to the abolition of immigration detention,” she said.

Risks for LGBT migrants

There were 11 interveners in the case.

One of them, Egale Canada, said migrants often suffer homophobic violence, while transgender migrants are often detained in facilities that don’t align with their gender identities.

“LGBT people who are detained for immigration purposes face life-threatening conditions and, prior to this ruling, there was no tangible way to challenge these conditions under the current system,” said Egale’s executive director Helen Kennedy.

The ruling may not affect a large number of detainees. According to the recent statistics, just 122 migrants were detained for longer than 99 days over the last quarter.

The decision comes as the federal government takes steps to improve the system in response to sharp criticism of harsh detention conditions and policies.

Scott Bardsley, a spokesman for Public Safety Minister Ralph Goodale, said the government has made improvements to infrastructure and mental and medical health services, while expanding alternatives to detention and the use of provincial jails and reducing the number of minors in detention.

The recently tabled Bill C-98 would create an expanded, independent oversight body to review the CBSA. Bardsley said the bill will allow migrants to file complaints before that body about detentions and the conduct of CBSA employees.

Source: Supreme Court says migrants can bring detention challenge to judge

Sharry Aiken and Stephanie Silverman make the case that A world without immigration detention is possible.

German government defends planned immigration laws | Germany| News and in-depth reporting from Berlin and beyond

Responding to the most immediate needs of the business community:

In a heated debate in the Bundestag on Thursday, the German government made the case for its much discussed proposed law governing immigration for skilled workers.

The new proposal, initially agreed upon by Angela Merkel’s Cabinet five months ago, is the government’s response to many years of complaints from a business community increasingly concerned about the lack of qualified IT specialists and engineers in Germany and shortfalls in other vocational professions. The country’s aging population is also desperately in need of health care workers.

A historic turning point

Conservative Interior Minister Horst Seehofer was on hand to present the draft law. He described it as a “historic point of juncture” that provided clear criteria for who should be able to come to Germany to work and under what conditions.

The minister was careful to point out that any perceived liberalization of Germany’s immigration laws could easily be corrected in the future, should the job-market situation change.

One of the key planks of the proposed law is the suspension of a mandatory check accompanying all job applications from outside the EU that makes sure there are no German or EU citizen applicants, who have priority.

The law will also make it easier for immigrants with a vocational qualification to move to Germany. Up until now, the German system had mainly favored those with academic qualifications.

Additionally it will also allow some people, under certain circumstances, to come to Germany to seek vocational training.

Interior Minister Seehofer said the law would be ‘historic’

The opposition criticized the limited scope of the plan, while the government’s conservative faction in the Bundestag stressed in a statement that there must be “no immigration into the social security systems.”

Tolerated, as workers

The German labor minister, Hubertus Heil, also defended another migration law proposed by the government that modifies how certain asylum-seekers whose applications have been rejected can obtain a “tolerated” status, meaning they are nonetheless allowed to stay in the country. The modifications apply to rejected asylum-seekers who have begun a state-recognized vocational training course or work for at least 20 hours a week, learned German, and have been able to support themselves for 18 months already.

Heil defended the move as a “pragmatic solution,” arguing it made no sense to deport people who were already working in Germany while at the same time trying to encourage other skilled workers to come.

Immigration reforms ‘too restrictive’

But some experts did not think much of the idea.

“It is much too restrictive to make much sense,” Thomas Gross, immigration law professor at Osnabrück University, said of the toleration article. “There are a few former refugees whose status hasn’t been recognized. They will get a more long-term ‘toleration status’ under very tight restrictions. But that isn’t a residency permit, but a second-class, uncertain status, and it will only be relevant for very few people.”

Gross was similarly unimpressed with draft law on general immigration. “It’s certainly a compromise that offers access and progress for those with non-academic professions with training qualifications,” the professor told DW. “But for all other areas it brings practically no progress.”

Attacks from all sides

The government, made up of Angela Merkel’s center-right Christian Democrats and its Bavarian sister party, the CSU, and the center-left Social Democrats, was bombarded from both sides of the parliament during the debate.

The business-friendly Free Democrats, represented by Linda Teuteberg, dismissed the draft law as “tentative and uninspired” and said it offered no great progress.

Green party parliamentary leader Katrin Göring-Eckardt said the proposal was more of an “obstruction law” rather than a modern immigration law, a line that was also taken by the socialist Left party.

The exact opposite argument was made by Gottfried Curio, a representative from the far-right, anti-immigration Alternative for Germany (AfD), who said the proposed law would only attract more “underqualified poverty migration.”

Germany is facing a care-worker crisis

Human rights organizations like Pro Asyl also argued that the draft law was orientated more towards Germany’s economic interests and would help very few asylum-seekers who were trying to integrate in Germany.

Bureaucratic bottleneck

Bettina Offer, an immigration lawyer who represents major German companies looking for employees abroad, said it was unrealistic to expect the government to completely overhaul Germany’s immigration law in anything less than three to five years. According to her, what the government had done was ease the most critical points in the current legal situation.

“They wanted a quick solution because skilled workers were needed quickly, and I think that made sense,” Offer said. “That has been improved, but it’s true that the new law only offers a very rough framework, which I think will be refined in the next few years.”

“But what is perhaps even more important for the skilled workers is that the government has understood that the bottleneck is not so much at the legal level, but at the bureaucratic and administrative level,” she added.

In other words, it’s the practical problems that deter many qualified people from coming to Germany, such as difficulties getting visa appointments, either in Germany’s Foreign Citizen Offices or in consulates abroad.

“The new law includes a fast-tracked procedure for qualified workers. Businesses have been calling for that a long time, and that has finally been heard,” said Offer.

The law is supposed to come into effect on January 1, 2020, though the government has also warned that the relevant bureaucracies will need a six-month preparation period, which would mean the parliament would have to pass the law this summer to have an effect.

Source: German government defends planned immigration laws | Germany| News and in-depth reporting from Berlin and beyond

More Immigrants Are Giving Up and Leaving the US

Alejandra Garcia Zamarrón, a mother of three American citizens, had lived in the United States for nearly 20 years when a police officer pulled over the unregistered vehicle she was riding in.

Georgia was her home, the place where she’d lived for years and raised her family. But when she found herself locked in the Irwin County Detention Center, she had few options to stay. She’d been brought to the U.S. as a child, but her protected status as a childhood arrival had expired. And she had given a fake name and date of birth to the police officer who stopped her, a misdemeanor that put her at greater risk of deportation.

This story was published in partnership with Politico.

Zamarrón, 32, initially vowed to fight her removal to Mexico as long as she could. But as the months in detention dragged on, she changed her mind and asked for “voluntary departure,” which would allow her to leave the U.S. without a deportation on her record. “My family decided the best bet was for me to leave and fight from the outside,” Zamarrón said in a phone call from the detention center, before she returned to Mexico in November.

The number of immigrants who have applied for voluntary departure has soared since the election of Donald Trump, according to new Justice Department data obtained by The Marshall Project. In fiscal year 2018, the number of applications doubled from the previous year—rising much faster than the 17 percent increase in overall immigration cases, according to data from the Transactional Records Access Clearinghouse at Syracuse University. The numbers show yet another way the Trump administration’s crackdown on immigration is having an impact: More people are considering leaving the U.S., rather than being stuck in detention or taking on a lengthy legal battle with little hope of success.

Monthly applications for “voluntary departure”

Starting shortly after Donald Trump’s inauguration, more and more immigrants facing removal asked to leave the country rather than be deported. Last year, the number who asked immigration courts to be allowed to leave voluntarily more than doubled from the year before.

Last year, voluntary departure applications reached a seven-year high of 29,818 applications. In the Atlanta court, which hears cases of Irwin detainees like Zamarrón, the applications grew nearly seven times from 2016 to 2018.

The increase in applications for voluntary departure could be seen as a win for the Trump administration, which has made it a goal to get undocumented immigrants out of the country and reduce the looming backlog of immigration cases. Indeed, the Justice Department has published the growing number of voluntary departures alongside deportations as a sign of a “return to the rule of law” and that Trump’s approach is working. But it is also a sign of how broad immigration enforcement has become, sweeping up the criminals Trump talks about alongside parents like Zamarrón who have little to no criminal history, as voluntary departure is only open to immigrants without a serious record. When Mitt Romney once shared his plan to have people “self-deport,” he meant it as an alternative to ramping up enforcement power. But the recent spike in voluntary departure has come only with an increase in arrests and in detention.

An application for voluntary departure ultimately has to be approved by an immigration judge. The number of requests granted increased 50 percent in fiscal year 2017, according to data from the Justice Department. (Because not every case is resolved during the year it is filed, and judges can grant voluntary departure without a formal application, the annual total of voluntary departures has exceeded the number of applications.)

Under immigration law, voluntary departure is considered a kind of privilege. If you are deported, you have to wait years to apply for a visa to re-enter the United States, but those who leave voluntarily don’t have the same wait. And you don’t face serious prison time if you are caught without legal status in the U.S.

But voluntary departure is a last resort for many undocumented immigrants, because it means leaving their longtime homes and often their families in the United States without any clear prospect for returning. And those who take the option usually have to pay their own way. Those flights can cost thousands of dollars, because immigration officials require a special kind of ticket that can be changed at any time.

Several factors are probably responsible for the surge in the number of applications for voluntary departure, experts say. Immigration and Customs Enforcement (ICE) has increasingly gone after immigrants who have no criminal backgrounds—those who are more likely to qualify for voluntary departure. Because of the growing backlog of immigration cases, judges and Department of Homeland Security attorneys may feel pressured to resolve cases quickly and offer voluntary departure instead of dragging out multiple appeals.

“I would definitely think that some of it might be related to judges trying to keep up with their production quotas,” said former immigration judge Paul Wickham Schmidt.

The Executive Office for Immigration Review—the Justice Department office in charge of immigration courts—declined to comment on the increase in applications. “Using metrics to evaluate performance is neither novel nor unique to EOIR,” spokesperson Kathryn Mattingly said in an email. “The purpose of implementing these metrics is to encourage efficient and effective case management while preserving immigration judge discretion and due process.”

ICE spokesperson Brendan Raedy said that many apply for voluntary departure so they don’t have to wait to apply to re-enter the country. “In addition, voluntary departure generally provides far more time to make necessary arrangements than for those who are ordered removed,” he wrote in an email.

Attorney Marty Rosenbluth, who represents clients in the immigration court at the Stewart Detention Center in Georgia, said more of his clients from Mexico are considering voluntary departure because of the danger involved in deportation. At Stewart, one of the country’s most remote detention centers, the number of applications last year was 19 times what it had been in 2016. “It’s largely a safety thing,” Rosenbluth said. In deportations, “ICE just dumps you at the border, and you’re on your own,” he said. If they’re granted voluntary departure, individuals are able to fly into Mexico City or closer to home.

Immigrants may also be increasingly aware of voluntary departure as an option, and of the slim chances of winning a case from detention. “Detainees talk to each other,” said Trina Realmuto, a directing attorney for the American Immigration Council, a pro-immigration nonprofit. “The one guy fighting his case is going to say, ‘I’ve been here a year and nobody wins.’ There are legal factors, and there’s human factors.”

While Alejandra Garcia Zamarrón has left for Mexico to avoid detention, her youngest daughter is still living in Georgia.

Zamarrón’s request for voluntary departure came as a surprise to her legal team. “She had been saying for months and months, ‘I’m going to fight this,’” said attorney Laura Rivera of the Southern Poverty Law Center, who worked on Zamarrón’s case. “It speaks to the desperation of people in detention that they’d be trying to sign up in droves for this thing that actually causes them to be removed. They’ve got to be thinking that there’s no way out.”

Before she returned to Mexico, Zamarrón said she was driven by the need to have more contact with her family than she was able to have in detention. “When I come out I’ll be able to have more communication with them, FaceTime with them,” she said. “I didn’t want to wait. I’m ready to see my baby’s face.” From Mexico, she recently video-called into her 13-year-old daughter’s baptism. She hopes to apply for a U-Visa as a victim of domestic violence and sexual assault, and at the very least, have her 17-year old son petition to bring her to the United States after he turns 21.

Zamarrón said many of the women she was detained with were also considering voluntary departure. “They’re tired of living in here, of dealing with ICE, dealing with guards, dealing with the injustice … They give up. They’d rather be deported than fight for their case,” she said. “We’re not criminals, we just don’t have options.”

Source: More Immigrants Are Giving Up and Leaving the US