ICYMI: Canada slammed for ‘culture of secrecy’ over immigration detention

Useful guarding against Canadian smugness:

Canada has come under fire for a lack of transparency in its immigration detention system and its practice of detaining vulnerable groups, including children and those with mental health conditions.

“The lack of independent national and international oversight bodies significantly contributes to the culture of secrecy surrounding the Canadian immigration detention system,” said a report by the Geneva-based Global Detention Project, an international research group that promotes the human rights of migrants in detention.

“There remain critical gaps in public information, including concerning which prisons are in use at any given time for immigration-related reasons.”

Immigration detention in Canada has been in the spotlight over the last two years with a series of deaths of migrants held in facilities for immigration violations. As of last November, the report said at least 16 people have died in immigration detention while in the custody of the Canada Border Services Agency since 2000.

On Wednesday, more than 2,000 Canadian health-care organizations and health-care providers, including doctors, nurses, social workers, psychologists and midwives, signed an open letter calling on Ottawa to stop detaining children and end the Canada-United States bilateral agreement that restricts refugees to seeking asylum in the first country of their arrival.

Although public pressure has prompted Ottawa to implement a new immigration detention framework to decrease the number of long-term detainees, reduce the use of maximum-security jails and expand the use of alternatives to detention, the report said there is no mention of limiting the length of time people are detained, or to establish formal and independent monitoring of detention conditions.

Citing statistics from the border agency, the report said 371 children were detained in the last two years, accompanying their detained parents or guardians, mostly for reasons of identity or because they are considered a flight risk. In other cases, they are separated from detained parents and placed in foster care.

Even when there are no grounds for detention, children may be “housed” in detention at federal immigration holding centres instead of jails. Nevertheless, they would still be housed separately from their fathers because family rooms are restricted to mothers and children, the report noted.

“These de facto child detainees are subject to the same detention conditions as those under formal detention orders. However, often resembling medium security prisons, detention facilities have been described by numerous rights groups as ‘woefully inadequate and unsuited for children,’” said the 39-page report.

“Children in detention with their parents have been ‘invisible’ to the law as they are not officially considered detained and thus cannot benefit from detention review hearings. The only path for considering the best interests of the child in these situations is through review hearings of their parents.”

The Canada Border Services Agency works to ensure that it is exercising its responsibility for detentions to the highest possible standards with regard to physical, mental health and overall well-being of detainees as well as the safety and security of Canadians as the primary consideration, a spokesperson said.

In November, Public Safety Minister Ralph Goodale issued a ministerial direction to CBSA to, as much as humanly possible, keep children out of detention and keep families together. The ministerial direction makes it clear that the best interests of the child must be given primary consideration.

The border services agency’s new guidelines say every effort should be made to reduce the number of vulnerable persons placed in detention, but the report criticizes the framework, saying it “is not a concrete plan as much as it is a general set of intentions (and) stops short of specifying precisely how the government plans on achieving this goal.”

Source: Canada slammed for ‘culture of secrecy’ over immigration detention

Shifting Public Views on Legal Immigration Into the US

Lots of good data here, suggesting more limited support for Trump administration policies:

Many unaware that most immigrants in the U.S. are here legally.

Since 2001, decline in the share saying legal immigration should be decreasedWhile there has been considerable attention on illegal immigration into the U.S. recently, opinions about legal immigration have undergone a long-term change. Support for increasing the level of legal immigration has risen, while the share saying legal immigration should decrease has fallen.

The survey by Pew Research Center, conducted June 5-12 among 2,002 adults, finds that 38% say legal immigration into the United States should be kept at its present level, while 32% say it should be increased and 24% say it should be decreased.

Since 2001, the share of Americans who favor increased legal immigration into the U.S. has risen 22 percentage points (from 10% to 32%), while the share who support a decrease has declined 29 points (from 53% to 24%).

The shift is mostly driven by changing views among Democrats. The share of Democrats and Democratic-leaning independents who say legal immigration into the U.S. should be increased has doubled since 2006, from 20% to 40%.

Growing share of Democrats support increased legal immigration into the U.S.Republicans’ views also have changed, though more modestly. The share of Republicans and Republican leaners who say legal immigration should be decreased has fallen 10 percentage points since 2006, from 43% to 33%.

Still, about twice as many Republicans (33%) as Democrats (16%) support cutting legal immigration into the U.S.

The new survey, which was largely conducted before the crisis at the U.S.-Mexico border involving immigrant children being separated from their parents, finds deep and persistent partisan divisions in a number of attitudes toward immigrants, as well as widespread misperceptions among the public overall about the share of the immigrant population in the U.S. that is in this country illegally:

Fewer than half of Americans know that most immigrants in the U.S. are here legally. Just 45% of Americans say that most immigrants living in the U.S. are here legally; 35% say most immigrants are in the country illegally, while 6% volunteer that about half are here legally and half illegally and 13% say they don’t know. In 2015, the most recent year for which data are available, lawful immigrants accounted for about three-quarters of the foreign-born population in the United States.

Republicans are split in their views of undocumented immigrantsMost feel sympathy toward unauthorized immigrants in the U.S.Nearly seven-in-ten (69%) are very or somewhat sympathetic toward immigrants who are in the United States illegally. That view has changed little since 2014, when a surge of unaccompanied children from Central America attempted to enter the U.S. at the border. An overwhelming share of Democrats (86%) say they are sympathetic toward immigrants who are in the U.S. illegally, compared with about half of Republicans (48%) .

Fewer say granting legal status to unauthorized immigrants is a “reward.”Just 27% of Americans say that giving people who are in the U.S. illegally a way to gain legal status is like rewarding them for doing something wrong. More than twice as many (67%) say they don’t think of it this way. Since 2015, the share saying that providing legal status for those in the U.S. illegally is akin to a “reward” for doing something wrong has declined 9 percentage points. (Americans also broadly support granting legal status to immigrants brought to the U.S. illegally as children.)

Most Americans do not think undocumented immigrants are more likely to commit serious crimes. Large majorities of Americans say that undocumented immigrants living in the U.S. are not more likely than U.S. citizens to commit serious crimes (65% say this) and that undocumented immigrants mostly fill jobs citizens don’t want (71% say this). These opinions, which also are divided along partisan lines, are virtually unchanged since 2016.

Most people who encounter immigrants who do not speak English well aren’t bothered by this. Most Americans say they often (47%) or sometimes (27%) come into contact with immigrants who speak little or no English. Among those who say this, just 26% say it bothers them, while 73% say it does not. The share saying they are bothered by immigrants speaking little or no English has declined by 12 percentage points since 2006 (from 38% to 26%) and 19 points since 1993 (from 45%).

Source: Shifting Public Views on Legal Immigration Into the US

The Guardian view on attitudes to immigration: focus on people, not numbers

Sensible suggestion:

Given what is already known about the Home Office’s “hostile environment” policy, the discovery that hundreds of people, legally in the UK, were wrongly detained between 2010 and 2017 is not surprising. That makes it no less shocking.

Figures released to parliament’s home affairs select committee show that the government has paid tens of millions of pounds in compensation to victims of these egregious errors. But perhaps most illuminating is the revelation of staff bonuses for meeting “personal objectives” linked to enforced removals.

Confusion and obfuscation over deportation targets led ultimately to Amber Rudd’s resignation as home secretary. The use of financial incentives to meet targets adds another layer of perversion to a bureaucracy that plainly lost sight of the fact that it was dealing not with numbers but with human beings.

A lesson of the Windrush scandal is that public opinion towards real-life immigrants is more nuanced than public debate over the abstract thing called immigration. Harrowing individual stories elicited compassion and outrage. It was not a turning of the political tide, but it felt like a significant current.

Government policy is still skewed by the presumption that voters demand strict immigration regimes. That imperative is paramount in Theresa May’s conspicuously unsuccessful Brexit strategy. It comes as little consolation that the rest of the EU is struggling with the same issue. The difficulty in finding a common position on border control, and the potentially destabilising consequences of failing to do so, dominate the agenda at the European summit that began today.

There is no diplomatic bandwidth for discussing Brexit, and the UK is judged to have removed itself from any other top-table conversation among continental leaders. Yet even Brexit will not neutralise anti-immigration feeling in the UK, which pre-dates the leave campaign and was co-opted by it to foment hostility to the EU. Brexit was mis-sold as the antidote to deeper economic and cultural anxieties. Now it is a distraction from the task of addressing those concerns.

Liberal opinion has for years been divided on how to acknowledge concern about rapid demographic change without indulging prejudice. Not everyone who is worried about immigration is racist, but every racist resents immigration. Political rhetoric does not always permit nuanced distinction between the two positions. Trumpeting the economic benefits of immigration doesn’t persuade those who suspect such benefits are enjoyed by elites, elsewhere. But colluding in the narrative that immigration is a drain on prosperity does nothing to shift opinion towards greater tolerance.

There is no guaranteed method for spreading positive attitudes, but endorsing negative views in the hope of mollifying hostility hasn’t served the liberal cause well. A more effective device, as the Windrush scandal proved, is the telling of individual stories, tracing the contours of the real migrant experience as distinct from faceless abstraction.

Politicians who trade on fear of migrants achieve their goal by dehumanisation – conjuring sinister floods and hordes. The antidote is re-humanisation – bringing the conversation back to real people with real hopes and real contributions to make to society. The xenophobes are winning an argument framed around abstract numbers and targets. They can be disoriented, and ultimately defeated, when those numbers are shown to be human beings.

Source: The Guardian view on attitudes to immigration: focus on people, not numbers

UK: Wrongful detention cost £21m as immigration staff chased bonuses

Yet more evidence of the rot within the Home Office’s approach to immigration:

The Home Office mistakenly detained more than 850 people between 2012 and 2017, some of whom were living in the UK legally, and the government was forced to pay out more than £21m in compensation as a result, officials have revealed.

Figures released to the home affairs select committee this week show there were 171 cases of wrongful immigration detention in 2015-16, triggering compensation payments totalling £4.1m, and 143 cases in 2016–17, triggering a further £3.3m in compensation.

Between 2012 and 2015 a total of £13.8m was paid out to more than 550 people after a period of unlawful immigration detention.

The document also reveals that bonuses were paid to both senior and junior Home Office staff according to whether targets for enforced removals from the country had been met. Some staff were set “personal objectives” on which bonus payments were made “linked to targets to achieve enforced removals”.

The detention figures give no detail about who was mistakenly held, although it is likely that these numbers contain some Windrush individuals who were wrongly sent to immigration removal centres or prisons ahead of deportation.

Cases are known of Windrush individuals who were nearly deported, such as Anthony Bryan, who was sent to an immigration detention centre last December and booked by Home Office staff on a flight back to Jamaica, a country he had not visited since he was eight. A last-minute intervention by an immigration lawyer meant his seat on the flight was cancelled and he was released from detention.

The home secretary, Sajid Javid, has promised to provide figures next month for how many Windrush people were wrongly put in immigration detention; he has already acknowledged that 63 Windrush people were deported in error.

At least 10 people were paid about £120,000 each in compensation in the past two years although the majority of payouts were £20,000 or less, the permanent secretary to the home office, Philip Rutnam, explained in a letter to the home affairs select committee chair, Labour’s Yvette Cooper.

A small number of individuals who were wrongly detained received just a nominal payment of £1. Compensation is determined in part on an assessment of the “initial shock” experienced by those detained and is based also on whether the individual had any criminal convictions.

Some of those who received compensation payments were living in the UK legally. Other compensation payments were made to people who had no leave to remain in the UK but who had been detained for too long.

Rutnam, the most senior Home Office official, tried to minimise the significance of the numbers detained mistakenly, noting that this represented a small proportion of the total detained under immigration enforcement measures.

“By way of scale comparison, to support enforcement of the UK’s immigration law over 27,000 people are detained each year under immigration powers, with up to 3,000 people detained in either the detention estate or prisons at any one time,” he wrote. “Ninety-five per cent of people who are liable to removal are managed in the community, rather than in detention.”

But Labour’s Stephen Doughty, who sits on the home affairs committee, said: “These figures expose what many of us have warned for months: that the government has been wrongfully locking up individuals as well as wrongfully deporting others.

“The immigration system needs root and branch reform. How are millions of EU nationals to have any confidence in a system that wrongly deports and locks up people?”

The letter also gives details of performance targets in place for enforced removals from the UK, noting that these were in operation as early as 2000 (under Labour) and continued after 2010 (referred to in a variety of different ways – sometimes as “objectives”, or “business goals” or sometimes simply as “levels of ambition”).

Rutnam acknowledges that civil servants working within immigration enforcement received performance bonuses for good work, some of which is related to removals. In 2016-17, 23% of people working in immigration enforcement received an end-of-year bonus.

Confusion over whether removals targets were in place led to the previous home secretary Amber Rudd’s resignation in April, when she said “that’s not how we operate” in response to questions from Cooper over removals targets. Rudd said later: “I wasn’t aware of specific removal targets. I accept I should have been and I’m sorry that I wasn’t.”

Rutnam indicates that targets will no longer be in operation for deportation, noting that Javid has said he wants to “take stock on targets overall” and “specifically that he does not believe in quantified targets for removals and this, of course, is the basis on which we will be proceeding in the future”.

Source: Wrongful detention cost £21m as immigration staff chased bonuses

Biggest immigration fraudster in Canadian history left $900K fine unpaid

Not right even if Parole Board was compelled given the law and regulations:

The man imprisoned for committing the biggest immigration scam in Canadian history was released on early parole even though he had not paid more than $900,000 in fines and “minimized his criminal behaviour,” according to a November 2017 Parole Board of Canada decision obtained by CBC News.

The board also noted Xun (Sunny) Wang had transferred all of his assets to his spouse “to avoid the Canada Revenue Agency fines.”

Despite “concerns,” the parole board was compelled to free Wang after he served one-third of his 7-year sentence, because he’s not at risk of committing a violent offence and his behaviour behind bars was “appropriate.”

Wang, 49, was convicted of bringing more than 1,000 people illegally into Canada by falsifying passport entries, faking job offers and supplying them with bogus Canadian home addresses, to thwart immigration requirements.

The tactics made it appear his clients had spent the required two years out of every five in Canada to maintain their permanent residency status.

Instead, many spent most of their time living in China.  ​

At his trial in 2015, the court heard Wang made $10 million through his two immigration-consulting companies, New Can Consulting and Wellong International Investments Ltd.

The Canada Border Services Agency released this picture of passports seized from Xun Wang, as part of an investigation into his immigration fraud scheme. (CBSA)

Wang was sentenced to seven years behind bars minus time served in custody and ordered to pay two fines: $730,837 to the Canada Revenue Agency (CRA) for tax evasion and $187,901.24 for defrauding the federal government — a total of almost $920,000.

Promise to mortgage home

In reviewing his pending release in November, the parole board admonished Wang, stating “you have indicated you do not believe you owe the CRA any money.”

But it noted that when “confronted” on his defiant attitude, Wang indicated he would pay the fines by having his home mortgaged.

Seven months later, a check of Wang’s Richmond, B.C., residence on the province’s land registry website shows no mortgage listed.

The Canada Revenue Agency declined to say if Wang has paid his fine, citing privacy.

Approached outside his home by a T.V. crew from the Radio-Canada investigative program Enquête, Wang refused comment, instead calling Richmond RCMP to complain about the presence of a news camera on his street. The RCMP declined to attend.

‘It’s unfair and an injustice’

The fact that Wang is now a free man infuriates former client Zheng Li (Jenny) Geng, who lives in Vancouver and is facing deportation because Wang was her immigration consultant.

Geng says she had no idea Wang was breaking the law. And she’s surprised he’s now a free man while she faces a pending removal hearing.

“I feel it’s unfair and an injustice,” Geng said through an interpreter. “I’m a little angry because I think if he had paid the penalty, things might not have happened to me.”

The Canada Border Services Agency (CBSA) has been conducting an ongoing investigation since Wang’s immigration scam was uncovered, reviewing the cases of his 1,677 former clients.

1,081 ex-clients face removal

To date, the CBSA says:

  • 608 permanent residents have been reported for inadmissibility;
  • 221 who obtained Canadian citizenship could be stripped of their status;
  • 252 others have “lost their status through other process,” including voluntarily giving up their permanent residency or citizenship.

That’s a total of 1,081 of Wang’s ex-clients who face deportation or have already left Canada.

Source: Biggest immigration fraudster in Canadian history left $900K fine unpaid

Migration to Europe Is Down Sharply. So Is It Still a ‘Crisis’? – The New York Times

Good updated data:

On the beaches of Greece, thousands of migrants landed every day. In the ports of Italy, thousands landed every week. Across the borders of Germany, Austria and Hungary, hundreds of thousands passed every month.

But that was in 2015.

Three years after the peak of Europe’s migration crisis, Greek beachesare comparatively calm. Since last August, the ports of Sicily have been fairly empty. And here on the remote island of Lampedusa — the southernmost point of Italy and once the front line of the crisis — the migrant detention center has been silent for long stretches. Visitors to the camp on Monday could hear only the sound of bird song.

“It’s the quietest it’s been since 2011,” said the island’s mayor, Salvatore Martello. “The number of arrivals has dramatically reduced.”

It is the paradox of Europe’s migration crisis: The actual number of arriving migrants is back to its pre-2015 level, even as the politics of migration continue to shake the Continent.

On Thursday, leaders of the European Union are gathering in Brussels for a fraught meeting on migration that could hasten the political demise of the German chancellor, Angela Merkel, and unravel the bloc’s efforts to form a coherent migration policy.

The precipitous drop in migrant arrivals doesn’t mean that Europe is without real challenges. Countries are still struggling to absorb the roughly 1.8 million sea arrivals since 2014. Public anxiety has risen in countries like Germany after high-profile assaults involving migrants, including the killing of a 19-year-old German student and the terrorist attack on a Christmas market that killed 12 people.

And leaders still have sharp disagreements about who should take responsibility for the newcomers — border states like Greece and Italy, where most migrants enter Europe; or wealthier countries like Germany, which many migrants subsequently attempt to reach.

But what is striking is how many leaders, particularly in far-right parties, continue to successfully create the impression that Europe is a continent under siege from migrants, even as the numbers paint a very different picture.29

“We have failed to defend ourselves against the migrant invasion,” Viktor Orban, the far-right prime minister of Hungary, said in a recent speech. He has made it a jailable offense for Hungarians to assist undocumented migrants.

Nor is Mr. Orban alone in taking a hard line. Since the start of the month, Matteo Salvini, the Italian interior minister, has closed Italy’s ports to charity-run rescue boats. Horst Seehofer, the German interior minister, has threatened to turn back refugees at his country’s southern border. And across the Atlantic, President Trump has claimed, wrongly, that migration led to a crime epidemic in Germany.

The tactics seem to have worked. Data released this month by the European Union showed that Europeans are more concerned about immigration than about any other social challenge. Mr. Salvini’s party is now leading in Italian polls, up 10 percentage points since an electionin March. Mr. Orban won re-election in April with an increased majority, after a campaign in which he focused almost exclusively on migration.

Even on Lampedusa, Mr. Martello won the mayoralty last year by promising to focus more on local issues than on burnishing the island’s international reputation as a place of sanctuary for migrants.

But the reality on the ground is that, despite the rhetoric, migration is back to pre-crisis levels — and has been for some time.

More than 850,000 asylum seekers arrived in Greece in 2015, with most of them eventually making their way to northern European countries like Germany. So far this year, little more than 13,000 have made the same journey. More than 150,000 people arrived in Italy in 2015; the number so far this year is less than 17,000. In 2016, when applications were at their highest, more than 62,000 people sought asylum in Germany, on average, every month. This year, that average has fallen to little more than 15,000 — the lowest since 2013.

On Lampedusa, more than 21,000 migrants landed in 2015. So far this year, the figure is less than 1,100. Only in Spain have arrival numbers risen, from more than 16,000 in all of 2015 to just over 17,000 so far in 2018. But the increase is still comparatively small — more people would arrive in a single week on the Greek island of Lesbos at the height of the crisis than are likely to arrive in Spain this year.

“It’s an invented crisis,” said Matteo Villa, a migration specialist at the Italian Institute for International Political Studies. “The high flows of the last years have bolstered nationalist parties, who are now creating a crisis of their own in order to score cheap political points.”

Mr. Salvini and Mr. Orban have cultivated popular support by creating the impression that they are the only leaders willing to make the tough decisions needed to reduce migration. Yet the European establishment, under pressure from the likes of Mr. Orban and Mr. Salvini, has been quietly working for some time with the main gatekeepers along the migration trails to Europe, including with authoritarian regimes, to bring the numbers down.

In Italy, arrival numbers plummeted after Mr. Salvini’s predecessor controversially persuaded several militias to halt the smuggling industry in northern Libya, and to keep thousands of would-be migrants in dangerous conditions in makeshift Libyan detention centers.

“The measures implemented by the previous government, which Salvini was so critical of, have actually been effective,” said Andrew Geddes, director of the Migration Policy Center at the European University Institute in Florence, Italy.

At the same time, several European governments have made deportation agreements with Sudan, whose leader, Omar Hassan al-Bashir, has been charged with war crimes charges. A deal with Nigerhas helped a crackdown on smuggling in the Western Sahara. And most controversially, the German and Dutch governments brokered a European Union deal in 2016 with the authoritarian government of Turkey that led to an immediate and drastic drop in migration to Greece.

Lesbos, Greece, in 2015, and in March 2018. Sergey Ponomarev for The New York Times; Mauricio Lima for The New York Times

“The paradox is that, in this narrative that Merkel opened the E.U.’s borders, it was in fact Merkel, with the Dutch, who negotiated the most effective agreement on the borders of the E.U.,” said Gerald Knaus, director of the European Stability Initiative, a Berlin-based research group that first proposed the deal, and that drafted early versions of it.

Now Europe’s challenge is largely about process: How to house asylum seekers waiting for decisions on their cases; how to integrate them into the economy and into society if their applications are approved; and how to deport them if not. These challenges remain as officials also have yet to fully address the squalid migrant camps of Greece, which house roughly half of the country’s 60,000 asylum seekers, or the underground economy of Italy, where many of the country’s 500,000 undocumented migrants are exploited.

The European Union summit meeting that opens on Thursday is a reminder of how much the political landscape has shifted. Ms. Merkel, the German chancellor who was once the Continent’s unassailable leader, now needs to secure an agreement with other European leaders to stave off a political crisis at home.

Her rebellious Bavarian interior minister, Mr. Seehofer, has threatened to close Germany’s border with Austria to asylum seekers who have already registered elsewhere in Europe, usually in Greece or Italy. Ms. Merkel wants to avoid this, as it would most likely set off a domino effect of stricter border controls across the Continent. That would obstruct the movement not just of refugees but also of European Union citizens, endangering one of the bloc’s core values: free movement between member states.

Mr. Seehofer has agreed to wait while Ms. Merkel tries to negotiate at the summit meeting an improved asylum system for the European Union, but this seems a distant prospect, as no one can agree what that system should look like. Some leaders, like Mr. Orban in Hungary, say that Europe should simply protect its borders without worrying about the complexities of its asylum system.

The Keleti train station in central Budapest, Hungary, in 2015 and this month. Mauricio Lima for The New York Times; Akos Stiller for The New York Times

“If we defend our borders, the debate on the distribution of migrants becomes meaningless, as they won’t be able to enter,” he said in a speech this month.

Others, like Ms. Merkel, want to reduce migration but acknowledge it cannot be ended entirely unless Europe abandons the right to asylum that was enshrined in the international conventions that emerged in the aftermath of World War II.

To uphold this right while also curbing migration, officials in Brussels want to set up offshore hubs to process asylum applications in Africa, while some analysts argue it would be easier and cheaper to invest in more efficient asylum systems in Greece and Italy — and to secure more deportation agreements with the countries migrants are originally from.

Meanwhile, anti-immigrant leaders, if capitalizing on the migration issue, are hardly unified. Italy wants to scrap the Dublin regulations, which stipulate that asylum seekers must stay in the European Union country in which they first register, and distribute migrants throughout the bloc. But hard-liners like Mr. Orban, Mr. Seehofer and Prime Minister Sebastian Kurz of Austria refuse to share Italy and Greece’s burden.

“Their proposals are fundamentally contradictory,” Mr. Knaus said. “Salvini and the Italians want to get rid of Dublin and share everyone throughout Europe. The Bavarians want to push everyone back to Austria. And Kurz says that’s fine — we’ll then send them to Italy and Hungary.”

And far away on Lampedusa, this makes the debate seem less about the specifics of migration management, and more about the widening chasm between liberal and illiberal forces in Europe.

It is “an ideological war,” said Mr. Martello, the mayor. “Europe is divided into two main blocs: One is defending the borders, and the other is actually doing something about the situation.”

via Migration to Europe Is Down Sharply. So Is It Still a ‘Crisis’? – The New York Times

How Does Immigration Drive the Success of the Radical Right in Europe? New Report Assesses the Record in Nordic Countries – MPI

Another relevant report from MPI:

Though elections in Austria, Germany and France in 2017 and recent electoral outcomes in Italy and Hungary have demonstrated the rising power of radical-right parties in Europe, the phenomenon is hardly new in most Nordic countries. Denmark, Finland and Norway have radical-right parties that trace their roots back to at least the 1970s. And more recently, the Sweden Democrats established themselves at the national level in 2010.

Even as the Sweden Democrats, Danish People’s Party, the Finns Party and Norway’s Progress Party have been a far cry from capturing a majority of the vote in recent elections, their rise has been accompanied by an observable shift in public attitudes toward migration. The result: a hardening of asylum and immigration policies over the last decade, especially since the European migration crisis began in 2015. Nordic governments have introduced—and in some cases loudly celebrated—policies to reduce family reunification, restrict access to refugee and other protected statuses and limit access to public assistance benefits for non-nationals.

A new report from the Migration Policy Institute’s Transatlantic Council on Migration, The Growth of the Radical Right in Nordic Countries: Observations from the Past 20 Years, analyzes the rise and current dynamics of radical-right parties in Denmark, Finland, Norway and Sweden.

In all four countries, immigration has become a core policy area for the radical right. But as author Anders Widfeldt notes, the electoral success of such parties cannot be tied neatly back to shifting levels of immigration or to public opinion of immigrants. A web of other factors—including how the parties are managed and the personalities of their leaders—are also at play.

“The marriage of a populist economic agenda that prioritizes welfare support for nationals in need with deep skepticism of immigration has proven to be a potent recipe for success, though the exact formula that parties adopt varies,” Widfeldt writes.

In responding to the radical right’s growth in popularity, mainstream political parties have taken three main approaches: co-opting radical-right policies in a bid to win over their opponents’ voters, accommodating the parties in government or isolating them by excluding them from governing coalitions. Yet, the author notes, there is little consistent evidence of which of these approaches (if any) are effective. And just as immigration is likely to remain high on the political agenda, radical-right parties are likely to continue to influence migration policy debates.

Read the report here: www.migrationpolicy.org/research/growth-radical-right-nordic-countries.

It is the second in a Transatlantic Council series, “The Future of Migration Policy in a Volatile Political Landscape.” As governments in Europe and North America grapple with growing skepticism about immigration and a rise in populism, the Council examined whether and how this new political reality has changed immigration policymaking.

Additional reports will be published over the summer and collected here: www.migrationpolicy.org/programs/transatlantic-council-migration/volatile-political-landscape.

The Supreme Court Overturned a Ruling That Enabled Internment of Japanese-Americans During World War II

The one bit of good news in the SCOTUS travel ban ruling:

In Tuesday’s majority opinion upholding President Donald Trump’s travel ban, the Supreme Court also overturned a long-criticized decision that had upheld the constitutionality of Japanese-American internment during World War II.

Justice Sonia Sotomayor had mentioned the 1944 case, Korematsu v. United States, in her dissent, arguing that the rationale behind the majority decision had “stark parallels” to Korematsu; in both cases, she argued, the government “invoked an ill-defined natiounal security threat to justify an exclusionary policy of sweeping proportion.”

Writing for the majority, Chief Justice John Roberts argued that the case was not relevant to the travel ban, but went ahead and wrote that it is now overturned.

“The dissent’s reference to Korematsu … affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — ‘has no place in law under the Constitution,’” he wrote.

Korematsu arose out of President Franklin Delano Roosevelt’s 1942 executive order mandating that Japanese Americans leave their homes and jobs for internment camps. Over 117,000 Japanese were ultimately removed from their homes. Civil rights activist Fred Korematsu, who died in 2005, challenged his interment, but the Supreme Court ruled that his detention was a military necessity.

Parallels between Japanese interment and the Muslim ban had been highlighted before Tuesday’s ruling. Fred Korematsu’s daughter Karen, who now runs a civil liberties institute in his name, had filed a friend of the court briefing against the travel ban, and argued in aWashington Post op-ed last December that the policy “just as unfair” as Japanese internment.

“Korematsu is a reminder that while we may sometimes be afraid during times of crisis, fear should not prevail over our fundamental freedoms.,” she wrote at the time.

Both liberal and conservative justices have criticized the Korematsu decision in the past, but it was never formally overturned.

In 1995, liberal Justice Ginsburg wrote in a dissent that “a Korematsu-type classification … will never again survive scrutiny,” conservative Justice Antonin Scalia said in a speech that it was wrong but warned that it could happen again. “In times of war, the laws fall silent,” he said.

In the majority opinion Tuesday, Roberts quoted from Supreme Court Justice Robert Jackson’s famous dissent in Korematsu.

Jackson, who later served as a chief prosecutor for the U.S. in the Nuremberg trials of Nazi war criminals, argued that the majority decision upholding internment would set a bad precedent.

He noted that a military order would eventually lapse, but a judicial opinion would validate racial discrimination by creating new principles to justify it.

“The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need,” he wrote.

After a terrorist attack in San Bernardino, Calif., during the 2016 campaign, Trump called for a ban on Muslims entering the United States, comparing it to Roosevelt’s executive order authorizing internment. In a later interview with TIME, he would not unequivocally repudiate the internment camps.

“I certainly hate the concept of it. But I would have had to be there at the time to give you a proper answer,” he said.

Recently, Trump Administration attorneys favorably invoked Hirabayashi v. United Statesin a legal briefing on a case involving Guantanamo Bay detainees, a World War II-era decision which was a basis for Korematsu.

Source: The Supreme Court Overturned a Ruling That Enabled Internment of Japanese-Americans During World War II

Refugee claims process needs major overhaul, says report

Will be interesting to see the degree to which the government adopts these recommendations or not. Yeates was former deputy minister at then Citizenship and Immigration Canada and knows the issues well:

Canada must overhaul its refugee claim system or create a new agency that reports to the immigration minister in order to streamline and expedite the asylum process, an independent review has concluded.

The 147-page report makes 64 recommendations — among them calls for a more aggressive approach and increased resources to tackle the backlog of refugee cases over two years.

Neil Yeates, a retired long-time senior civil servant in the federal and Saskatchewan provincial governments, led the government-commissioned review. He said Canada’s refugee determination system is now at a crossroads.

“Once again, it is dealing with a surge in claims that it is ill-equipped to manage, running the risk of creating a large backlog that, if not tackled promptly, may take years to bring to final resolution,” he wrote in his report.

Under the current system, various federal departments and agencies have a role in refugee intake, adjudication, removal or permanent residence approval, and the appeals process, but the Immigration and Refugee Board operates as an arm’s-length body making independent decisions.

The report recommends either maintaining that structure under an Asylum System Management Board, or shaking it up with major structural reforms under an integrated Refugee Protection Agency that reports directly to the immigration minister.

A spokesperson for the IRB told CBC News it has “significantly improved efficiencies at the Refugee Protection Division” and reported “an increase in refugee claim finalization by 40 per cent over the past year.”

The Canadian Council for Refugees said it’s “alarmed” by the proposals, arguing they could undermine the independence of the IRB. It called on the government to maintain the IRB as an independent quasi-judicial tribunal responsible for refugee determination.

“People’s lives hang on decisions on refugee claims,” said CCR president Claire Roque in a statement. “We are not talking about traffic violations, we are talking about a decision that may determine whether a person lives or dies. When we make such important decisions, we need to guarantee due process and the basic protections of an expert and independent tribunal.”

The CCR said the current system — created in the wake of a 1985 Supreme Court decision that found refugee claimants are entitled to charter rights and a fair hearing — is a regarded as a model around the world.

The CCR said any changes must be in line with the principles of fairness, respect for due process and compassion.

“The complex and painful realities of refugees cannot be adequately addressed through a process that focuses on systems and efficiencies,” the organization said in a release.

A spokesman for Immigration Minister Ahmed Hussen said the government is committed to upholding Canada’s “proud humanitarian tradition” of providing protection to those fleeing persecution while ensuring the asylum system is not abused.

“The findings in the final report will inform our review of Canada’s asylum system as we determine how best to maximize efficiency while ensuring that the system remains fair and continues to be in line with international standards,” said Mathieu Genest in an email.

“IRCC is studying the recommendations and will be consulting stakeholders, and provincial and territorial partners, on the findings over the course of the summer. It is premature to speculate on any changes that may be considered.”

Asylum over immigration

In his report, Yeates noted the growing trend of people using the asylum process instead of regular immigration channels.

“With the advent of human capital immigration models that place a high emphasis on education, language and skilled labour, asylum systems in countries like Canada risk becoming avenues of last resort for lower skilled economic migrants, who generally do not have access to other pathways to permanent residence,” the report reads.

Current approval rates for protection are about 65 per cent, so there are “ever present concerns” that the asylum system can be vulnerable to misuse, Yeates warned.

“When there are lengthy waiting times for an initial protection hearing there are further concerns that the asylum system may be abused to prolong temporary stays in Canada for healthcare, work permits, public schooling, direct access to Canadian citizenship for children born while in Canada and other benefits, all of which make future removal from Canada of many unsuccessful claimants difficult,” the report reads.

A series of reforms in 2012 aimed to expedite the claims process, but the system is still strained by spikes in asylum claims and resources stretched thin.

IRB spokeswoman Anna Pape said claims intake has been exceeding operational capacity by an average of 2,300 cases per month for the last year, creating a growing backlog. As of May 31, 2018, there were about 57,235 pending cases.

She said the IRB has taken steps to improve efficiency, and the number refugee claims finalized increased by about 40 per cent in 2017-18 compared to the previous year.

The IRB is currently funded to finalize approximately 24,000 claims per year.

“The IRB continues to explore new and innovative ways to improve efficiency, with the objective of improving the timeliness of decisions,” Pape said.

Given the current caseload and existing resources, the projected wait time for claims for refugee protection before the IRB has increased to approximately 20 months.

The report recommends stronger financial controls and tracking of overall system spending rather than incremental funding. It estimates that, following the reforms, the federal government has spent an average of $216 million a year on processing claims, social supports such as health care and legal costs. That figure does not include costs for the Federal Court and downstream provincial costs.

The report also recommends that:

  • the minister of Immigration, Refugees and Citizenship table an annual report in Parliament on the system as a whole;

  • the federal government develop an annual plan and budget based on forecasted intake and targets, with tracked expenditures, and establish an external advisory committee of experts;

  • Ottawa streamline the hearings process, using plain language on forms and making better use of technology;

  • the federal government integrate permanent residence processing of non-accompanying spouses/dependents into the asylum intake process to minimize repetitive processes;

  • government prioritize removals as soon as a removal order comes into effect;

  • specialized staff be tasked with asylum intake at major points of entry, and;

  • Ottawa establish a rapid-response contingency workforce to handle increased claim volumes.

Source: Refugee claims process needs major overhaul, says report

Trump’s Travel Ban Puts America’s Brain Drain in Hyperdrive

While the headline overstates, there will be an ongoing and longer-term impact:

On Monday, for the first time ever, Tara Yasseri was turned down for a U.S. visa to attend the prestigious International Conference on Computational Social Science at Northwestern University.

Why? Because, he said, he’s Iranian.

A senior research fellow in computational social science at the University of Oxford, Yasseri’s work on big data and election predictions has brought him around the world, including to the U.S. just this past March. But American politics finally got in the way. He said that a consulate officer explained to him that President Donald Trump’s so-called travel ban had made his requests to get to the campus in Evanston, Illinois, more complicated than usual.

“I appreciated his honesty,” Yasseri told The Daily Beast. “To be honest, I’ve been lucky in that I’ve always been granted a [single-entry] visa.”

Stories of upended travel, aborted education plans, and stymied research projects are becoming more common in the world of Science, Technology, Engineering and Mathematics (STEM) and academia. And they may soon become even more so.

On Tuesday, just one day after Yasseri’s visa request was denied, the Supreme Court ruled in Trump v. Hawaii that the president’s travel ban—in place even while under legal challenge—was, indeed, constitutional. The decision meant the policy will remain in place. And it left academics and scientists fearful that the United States may witness a drain of intellectual talent in the coming years.

Handed down by a 5-4 majority, the ruling prohibits citizens from seven countries—Chad, Iran, Iraq, Libya, North Korea, Syria, Venezuela, and Yemen—from entering the country due to the “national security threat” they supposedly pose.

Critics had argued that the policy was fundamentally racist as it was built on the foundation of Trump’s campaign pledge to stop all Muslims from entering the United States. But over the course of his presidency, Trump narrowed down the policy, including by adding two non-Muslim majority countries to the list.

That proved enough to negate the constitutional concern. But those in the STEM fields say that the practical impact of the ban will be the same as the original incarnation.

“We’re deterring people from coming here,” said Vivek Wadhwa, a professor of entrepreneurship at the Pratt School of Engineering at Stanford University. “America is now considered hostile to foreigners. Before they can even want to come, they’re turned away.”

The ripple effects of that hostility could be profound, Wadhwa predicted. In the 2012 paper he co-authored, titled “America’s New Immigrant Entrepreneurs: Then and Now,” Wadhwa noted that more than a quarter of American engineering and technology startups were founded by immigrants and that in Silicon Valley, nearly half of startups are immigrant-founded. When it came to patents, more than 60 percent of filings were done by immigrants; over 40 percent of international patent applications on behalf of the American government included an author who wasn’t an American citizen.

The travel ban could fundamentally change the American economy by drying up that source of innovation.

“With this brain drain happening, we’re arming our competitors in China and South America with the greatest threat to American security,” said Wadhwa. In particular, there’s the fact that “we’ve been training the smartest students from China and sending them back home,” he said. “China is catching up to America in artificial intelligence and gene editing and robotics. We never thought China would be able to compete with the U.S. but China is on par with the U.S. right now.”

Even before the Supreme Court’s decision on Tuesday, the effects of the ban were become evident in a variety of fields. Dr. Atul Grover, the executive vice president of Association of American Medical Colleges, said that over the preceding year, there had been about a 22 percent drop in the number of people requesting a student visa from the seven countries on the president’s list.

“For a one year difference that is pretty significant,” Grover said.

But, he added, the actual impact is likely to be even more severe. He expected prospective medical students from countries not on the current list to balk at applying to schools in the United States out of fear that their nations may be added by Trump at a later date. In addition, students with spouses from countries currently under the ban would have to weigh the possibility of splitting up their family if they choose to study in the United States.

“We are already looking at a physician shortage,” Grover said. “While we have increased the number of graduates from U.S. medical schools, we are still reliant on international graduates to serve people, particularly in underserved areas. That will be harder and harder to fill these positions if we have fewer applicants. Or it may be that these applicants are as qualified as they are in the past. We’ve had our choice of the best and the brightest in the past. But now, people might look elsewhere.”

Under the travel ban, individuals from the seven targeted countries can still apply for, and be granted, student and exchange visas. But the incentives for requesting each are greatly diminished. Progress in STEM fields take an immense amount of work and time, from producing the research, to building a company, to seeking investment of capital. If a ban or the threat of deportation holds, that incentive to stay in the country is diminished.

This will impact both those here and those seeking to come. According to data provided by the Institute of International Education, there were 25,751 students from the seven banned countries who studied in the United States during the 2016-17 calendar year. Advocates expect that number to diminish and those students to look abroad for career opportunities.

Meanwhile, the Department of Justice reported that the number of visas issued by the to students from Iran, Libya, Yemen, and Somalia in the first three months of this year was just 298. “This is less than a quarter of the volume needed to be on track for 2016 student visa levels,” the last full year before the ban took effect, Justice Stephen Breyer noted in his dissenting opinion.

Educators, likewise, will face diminished incentives to work at, or even collaborate with, U.S. institutions. In Yasseri’s case, the inability to attend the conference at Northwestern was a major professional setback, depriving him the opportunity to present groundbreaking research, network with others in the field, and participate in a conference that he helped coordinate and plan.

It’s one of the reasons why Yasseri—who is set to become a British citizen by the end of the year—said he has never entertained the United States as a potential research destination. He left for Europe 12 years ago from Iran, and while many of his friends went to the America, he found the single entry visas students had to deal with cumbersome. “If they left the country, they had to reapply for a visa,” he pointed out. “I didn’t want to be trapped in a single country.”

So Yasseri went around that. He earned his Ph.D. in Germany and is conducting research in the United Kingdom. With a British passport, he thinks traveling to the United States might become easier, and he might even look into doing a sabbatical in the U.S.

But settling in America permanently remains out of the question.

“Even if I got a visa, my family would not be able to visit,” Yasseri said.

Source: Trump’s Travel Ban Puts America’s Brain Drain in Hyperdrive