Birth Tourism: My analysis and related articles

The link to my Policy Options article on the extent of, and options in dealing with birth tourism:

 Hospital stats show birth tourism rising in major cities 

Article has attracted considerable interest on Twitter and in the media.

In the Toronto Star:

The number of so-called “anchor babies” — children born to non-residents for the purpose of gaining citizenship — is at least five times higher than Canadian officials had estimated, new research suggests.

Birth tourism in Canada, where women late in pregnancy fly in to deliver their babies here, is controversial because the newborns are automatically Canadian citizens and enjoy full citizenship rights such as free education and lower university fees, even though their foreign parents aren’t taxpayers.

Statistics Canada has, since 2013, counted 1,561 babies — about 312 annually — born here to mothers, whose place of residence was listed outside Canada, based on figures from provincial birth registries.

However, a new study from the Institute for Research on Public Policy released Thursday suggests the number of “anchor babies” born here every year is likely in the 1,500 to 2,000 range.

The study mined the Canadian Institute for Health Information discharge database, and according to researcher Andrew Griffith, the figures — based on hospital financial data that codes services provided to non-residents under “other country resident self-pay” — give a clearer picture of the extent of the problem.

The data shows the number of births to non-resident mothers (including all provinces but Quebec, which refused to release the data) skyrocketed to 3,628 last year from just 1,354 in 2010, said the report by the Montreal-based think tank. It showed the Richmond Hospital in British Columbia with the highest volume of babies born to non-resident mothers.

Of the top 10 hospitals where such births were recorded, six are in the GTA.

The numbers are not perfect because they don’t break down how many of the births were to mothers with temporary status in Canada, which include Canadian expatriates returning to give birth, corporate transferees or international students who didn’t come here to specifically to have children. But Griffith says a conservative estimate is that 40 to 50 per cent of the non-resident mothers were birth tourists.

“How the (delivery) services are paid for is a more representative and realistic measure than the provincial registries,” said Griffith, a retired director general with Immigration Canada, adding part of the discrepancy can be attributed to birth tourists using their temporary Canadian address on birth registration forms and hence not being counted as non-residents.

“The concern has always been these people are exploiting the loophole in the law to obtain citizenship for their children when they are not entitled to that. There’s also the financial liability and responsibility on Canadian taxpayers for the child’s benefits.”

Currently, immigration officials cannot refuse a visitor visa application on the basis of the applicant’s intent to give birth in Canada, though they can assess if the person has enough money to visit Canada, if they will abide by the visa’s departure date and if they have a criminal record and should be barred from entry.

In 2012, the then-Conservative federal government, under Stephen Harper, had considered a crackdown on birth tourism but discarded the idea because the relatively small number of incidents — based on an estimate of 500 cases a year — did not justify the anticipated costs of enforcement.

However, with immigration and refugees expected to become a wedge issue in next year’s federal election, the Conservatives voted this summer at the party’s convention to end the birthright citizenship policy that gives citizenship to babies born in Canada even if their parents aren’t citizens or don’t have legal status in Canada. The motion is non-binding but could be part of their campaign platform next year.

Andrew Griffith, a retired director general with the immigration department, said birth tourism, while not a huge problem, should be monitored closely.

Griffith said any policy decision must be based on evidence and that’s what prompted him to seek out the most reliable data on the issue of birth tourism.

“Is it a widespread problem or is it just a phenomenon at the Richmond Hospital?” asked Griffith, referring to the B.C. hospital cited by the media as the epicentre of birth tourism. “We need data for informed decisions.”

He said birth tourism, currently accounting for roughly 0.5 per cent of the total annual live births in Canada, is not a huge problem but should be monitored closely.

“Using this as a starting point, if we see any further increase or a trend line, then we need to take another fresh look at it,” he said.

The study offers three options for policy-makers to tackle the problem if birth tourism gets out of control:

  • Amend immigration laws to make it an offence if a female visitor fails to disclose the purpose of her visit to give birth or declare her pregnancy to officials. The child’s citizenship would then be deemed fraudulently obtained due to misrepresentation by the mother.
  • Follow Australia’s move by adopting a “qualified” birthright approach specifying a person born in Canada would only be a Canadian citizen if the parent is either a Canadian citizen or permanent resident and the child lives in the country for 10 years after birth.
  • Introduce regulations prohibiting rooming houses and consultant and support services for birth tourists, substantially increasing the financial deposits required by hospitals from non-residents and ordering the provinces to require proof of payment prior to issuing birth certificates for children of non-resident mothers.

Source: Number of ‘anchor babies’ born in Canada far greater than official estimates, study shows

The CP article quoting Minister Hussen’s reactions to the findings along with other commentary:

With new research showing that more babies are born in Canada to foreign residents than Statistics Canada realized, the federal government is studying the issue of “birth tourism” in the hope of better understanding how many women travel to Canada to have babies who are born Canadian citizens.

Using numbers from the Canadian Institute for Health Information (CIHI), which captures billing information directly from hospitals, researcher Andrew Griffith found over 3,200 babies were born here to women who weren’t Canadian residents in 2016 – compared with the 313 babies recorded by Statistics Canada.

The finding suggests not only that the numbers are higher than previously reported, but that it’s a growing trend, Griffith says.

“(The data) shows the steady growth in the number of babies born in hospitals to women who are residents of other countries, by absolute numbers and percentage, for all provinces except Quebec,” Griffith wrote in an article in Policy Options, published by the Institute for Research on Public Policy. “These births total just over one per cent of all live births in English Canada.”

A petition tabled recently in the House of Commons by Liberal MP Joe Peschisolido calls on Canada to take stronger measures to end birth tourism, saying it abuses Canada’s social-welfare system.

Immigration Minister Ahmed Hussen responded by saying his department has commissioned research to get a better picture of the scope of the issue in Canada.

“While these statistics indicate that this is not a widespread practice, the government of Canada recognizes the need to better understand the extent of this practice as well as its impacts,” Hussen said in his response, tabled in Parliament.

The department has commissioned CIHI to perform this research.

The issue of so-called birth tourism has been polarizing in Canada, with the Liberals defending the current law that gives automatic citizenship to anyone born on Canadian soil except for children of foreign diplomats.

Conservative party members passed a policy resolution during their biennial convention this summer calling on the government to end birthright citizenship “unless one of the parents of the child born in Canada is a Canadian citizen or permanent resident of Canada.”

Leader Andrew Scheer said at the time one of the goals would be to end the practice of women coming to Canada simply to give birth to a child that will automatically have Canadian citizenship.

Other countries have ended or modified their birthright-citizenship laws, including the United Kingdom, Australia, Ireland, New Zealand, India, the Dominican Republic, Thailand and Portugal. Recently, U.S. President Donald Trump has threatened to end birthright citizenship in the United States, although critics have argued such a change could violate that country’s constitution.

Canada did explore changing Canada’s existing birthright policy under Stephen Harper’s Conservative government. This work ultimately found any change to the law would have significant impacts, according to a senior government official who spoke to The Canadian Press on background.

Many Canadians – 40 per cent or more – don’t have passports and use birth certificates to prove their citizenship. A change in birthright-citizenship rules would mean they’d need new forms of identification to prove their citizenship and get government services.

A 2013 estimate pegged the cost of changing the rules at $20 million to $30 million, plus $7 million in extra costs for the federal government every year, the senior official said. He further noted this did not include costs to the provinces and territories, which would be even higher because they’re responsible for more personal documents than the federal government is.

The Conservatives did not change the policy. Nor will the Liberals, said Mathieu Genest, a spokesman for Hussen.

“The birth-on-soil principle has been enshrined in our legislation since Canadian citizenship first came into existence in 1947. A change to this principle was planned by the Harper Conservatives, but abandoned after listening to the advice of experts,” Genest said. But the Immigration Department still wants a better understanding of what’s going on.

Griffith said he was inspired to delve into the question of how prevalent birth tourism is in Canada after he noted the number of non-resident births reported for Richmond Hospital in B.C. were disproportionate to the rest of the country, as calculated by Statistics Canada.

The data he collected from CIHI captured the number of mothers who paid out-of-pocket for their hospital bills, which was at least five times higher. He acknowledged this would include Canadian expatriates and foreign students whose hospital expenses were not covered by Canadian medicare.

Ontario immigration lawyer Gordon Scott Campbell said he’s had several clients in recent years who have given birth while in Canada while in the middle of legitimate refugee or immigration processes.

For example, he said some women with visitor status live with their spouses while applying for spousal sponsorship, and some refugees arrive pregnant or become pregnant while waiting for their claims to be processed.

“It would seem extremely punitive, even misogynistic, arguably, to say that no woman should be able to become pregnant or be pregnant if you’re not a permanent resident or a citizen of Canada,” Campbell said.

“Are we talking about three people a year, four people a year, flying into Canada (to give birth)?” he asked. “I’m not sure we even have any proof of that. There might be anecdotal proof out there in media articles, but if we’re talking two or three people a year, it’s hardly a national crisis justifying legislation.”

Vancouver Coastal Health, the authority that oversees the Richmond Hospital, said Thursday that taxpayers don’t pay for non-resident births. The agency provided its own statistics, which differed slightly from Griffith’s findings but which were also out of keeping with the numbers of non-resident births in Canada reported by Statistics Canada.

Statistics Canada says it generates its data from demographic information provided by vital-statistics registries in the provinces and territories. Parents complete these registry forms and are responsible for filing them with local registrars, the agency said. Griffith believes Statistics Canada might record lower numbers of non-resident births because parents put local addresses on these forms that aren’t their real permanent addresses.

As part of his response to Parliament, Hussen said Canada does not collect information on whether a woman is pregnant when entering Canada, nor can a woman legally be denied entry solely because she is pregnant or might give birth in Canada.

Source: Ottawa studying ‘birth tourism’ in light of new data showing higher non-resident birth rates

Brian Lilley in the Toronto Sun who also wrote an earlier piece on surrogacy and birth tourism:

When it comes to hot tourism spots in Canada, few would put suburbs like Richmond, British Columbia or Scarborough, Ontario up there with the CN Tower or the Rockies.

But to a certain kind of tourist, these suburbs, and specifically their hospitals, are all the rage.

A new paper from the Institute for Research on Public Policy shows birth tourism is growing in Canada’s major cities.

Written by Andrew Griffith, the former director general of Immigration Canada, the paper reveals significantly more women than thought are coming to Canada to deliver their babies and leave with a Canadian passport for their child.

“The level of birth tourism nationally is at least five times greater than the 300 births captured by Statistics Canada in 2016,” Griffith writes.

Instead of the Statistics Canada number, Griffith estimates that there were 3,628 babies born to foreign parents in 2017, and that doesn’t include numbers from Quebec.

“The impact of this practice can no longer be described as insignificant given its effect on the integrity of citizenship and public perceptions that birth tourism is a fraudulent shortcut to obtaining citizenship,” Griffith writes.

These figures don’t include landed immigrants or refugees, this is simply people who are simply visiting Canada when they give birth.

While some would be people visiting on a work or student visa, Griffith says that even with a conservative estimate of 40% to 50% the number is too high.

His search for better data on birth tourism was sparked by reports earlier this year showing more than 20% of births at the Richmond Hospital just outside Vancouver were due to birth tourism.

Of 2,145 births at this hospital in 2017-18, 469 were non-resident births.

The second highest hospital tracked by Griffith for the paper is Scarborough and Rouge Hospital — Birchmount site in Toronto’s East End and St. Mary’s Hospital in Montreal.

Both of those sites saw more than 9% of all births involve non-residents.

One thing all the hospitals on the list have in common is easy access to a major airport and direct flights in and out of Canada.

A petition sponsored by Liberal MP Joe Peschisolido, who represents the Richmond area, calls on the government to study the problem of birth tourism and take steps to end it.

So far the petition has garnered almost 11,000 signatures.

The previous Harper government considered taking action to stopping birth tourism but with StatsCan saying there were only a few hundred cases a year, the cost to enforce any new measures was deemed too high.

Now with higher and growing numbers, it is time to act.

The numbers tracked by Griffith show the number of births to non-resident mothers has just about tripled between 2010 and 2017.

None of this includes the numbers I revealed in this paper a week ago showing 44% of surrogacy births in British Columbia in 2016 and 2017 were for foreign based parents using a Canadian surrogate.

Each of those children, regardless of the status of the parents, gets full Canadian citizenship and all the benefits that entails. Even if the mother only flew into Canada and checked into the hospital for the express purpose of giving birth.

Isn’t that making a mockery of our system?

Doesn’t that debase Canadian citizenship?

There are lawyers, consultants and “global mobility solutions” experts offering services on having a baby in Canada in order to get a Canadian passport for the baby.

The Conservative Party passed a resolution at their convention this past summer to end the practice of birth tourism.

That move was instantly attacked by Trudeau’s top aide Gerald Butts as, “a deeply wrong and disturbing idea.”

You’ll recall that Trudeau famously campaigned to give back Canadian citizenship to convicted terrorists who had dual citizenship and who had taken up arms against Canada.

His mantra was that a Canadian, is a Canadian, is a Canadian.

It’s a handy catch phrase and useful when the real purpose is to try and sound compassionate and scare immigrants.

The truth is that under Trudeau Canada has still stripped many people of citizenship. From former Nazis to people that lied on their applications to come here.

The simple fact of the matter is that Canadians get to decide who gets citizenship, and we do that all the time.

Changing the law to end birth tourism, a growing and disturbing trend, would hardly be controversial for most Canadians.

Let’s hope someone in the political world has the courage to take up this issue.

Source: LILLEY: Birth tourism on rise across Canada | Toronto Sun

An article in The Breaker on the formal government response to the petition by MP Peschisolido (written before my article came out):

The federal Liberal government says it will undertake further research into birth tourism.

That, according to Immigration Minister Ahmed Hussen’s Nov. 19 response to an electronic petition initiated by Richmond activist Kerry Starchuk and sponsored by Steveston-Richmond East Liberal MP Joe Peschisolido.

Starchuk’s petition, which was supported by 10,882 people, was brought to the House of Commons on Oct. 5 by Peschisolido. It called upon the government to state it opposes birth tourism, commit public resources to determine the full extent of the practice and implement concrete measures to reduce and eliminate the practice. Under federal law, MP-endorsed electronic petitions that gain 500 or more supporters within four months are tabled in the House of Commons. 

Citizenship acquired through birth on soil has been in place since the first Canadian Citizenship Act of 1947, though it does not apply to children of anyone representing or working for a foreign government. Richmond Hospital averages one foreign birth a day and there have been cases where local mothers have been transferred to other hospitals to make way for foreign mothers. Petitioner Starchuk is also concerned with the potential future health and education costs to taxpayers.

The 354-word response said the government does not collect information on whether a woman is pregnant when entering the country, and a person cannot be deemed inadmissible or denied a visa if they are pregnant or if they may give birth in the country. But foreign nationals are required to state the purpose of their visit.

“Applicants must always be honest about the purpose of their visit. Providing false information or documents when dealing with Immigration, Refugees and Citizenship Canada or Canada Border Services Agency is considered misrepresentation and has significant consequences,” said the official response.

The response quoted from 2016 Statistics Canada data that said only 300 children were born to foreign women among the 385,000 babies born in the country that year. But that data has been discredited in media reports which found public agencies do not harmonize their research and there are loopholes that prevent accurate data collection.

The Richmond News reported in June that many non-resident women who give birth at Richmond Hospital list their address as a birth house or birth hostel where they are temporarily staying. Richmond Hospital saw a jump in self-pay births from non-resident mothers from 299 in 2015-2016 to 379 a year later. Most were from China.

RICHMOND HOSPITAL (MACKIN)

“Should the birth house operator list the address of their home business at the hospital’s registration desk, the ministry would not count the baby as a non-resident,” the newspaper reported. “Only when the true address of the mother is registered, does the birth become a non-resident in the eyes of Vital Statistics B.C.”

The response said the federal government “recognizes the need to better understand the extent of this practice as well as its impacts. IRCC has commissioned research from the Canadian Institute for Health Information, which also show the number of children born to non-residents who were required to pay hospital expenses to be less than 1% of total births in Canada, and will undertake further research in this regard.”

Starchuk said the response lacks details about the government’s next steps.

“There’s no deadline, they’ve left it open-ended,” Starchuk told theBreaker. “How long are they going to take to do it?”

She was also perplexed why such a multifaceted issue attracted a response from only the immigration minister, but not the ministers of public safety (Ralph Goodale) or border security (Bill Blair).

The response also said the government is “committed to protecting the public from fraud and unethical consulting practices and protecting the integrity of Canada’s immigration and citizenship programs,” so it is undertaking a comprehensive review aimed at cracking down on unscrupulous consultants and those who exploit programs through misrepresentation.”

In 2016, Starchuk also petitioned the federal government to end birth tourism, but the December 2016 reply from then-Immigration Minister John McCallum dismissed the issue. McCallum was later appointed Canada’s ambassador to China.

Source: Feds to study birth tourism, but petitioner wants details

Lastly, an op-ed by Jamie Liew of University of Ottawa law faculty written before my analysis, quoting my comments dismissing the issue as insignificant given the previous numbers (my position has evolved :):

There’s been a lot of talk about getting rid of birthright citizenship in Canada and the United States. U.S. President Donald Trump announced that he’ll issue an executive order to do so, and the Conservative Party of Canada passed a motion that, should they form the next federal government, birthright citizenship will be no more.

In the U.S., the president will have to contend with the fact that he can’t just unilaterally eliminate a right granted in the 14th Amendment of their constitution.

In Canada, birthright citizenship can be eliminated simply by amending or repealing parts of the Citizenship Act.

In both countries, the preoccupation with ending birthright citizenship is tied to the argument that migrants are engaging in “birth tourism” and challenging the integrity of citizenship. But the facts say otherwise.

As Andrew Griffith, former director general at Citizenship and Immigration Canada, points out, fewer than 0.1 per cent of total births in Canada in the past 10 years (except 2012) involved births of children to foreign mothers. Griffiths concludes, “An impartial observer would conclude that there is currently no business case for changing Canada’s birth policy.”

Aside from the business case, what’s not talked about is how the elimination of birthright citizenship would affect not just migrants, but all of us. Undoubtedly, such a policy would increase the number of stateless persons in Canada.

Every person born in Canada to non-citizen parents would have to apply for citizenship. More tax dollars would be needed to process the applications. Clerks would suddenly have the power to make substantive and legal determinations about the status of every person who applies for citizenship. Like any administrative system, mistakes would be made. Bad or wrong decisions would be challenged in the courts at great expense to both the state and people affected. People would struggle with the fact that they are stateless in the interim.

Being stateless has serious implications.

Stateless persons have difficulty accessing education, employment, health care, social services and freedom of movement. Simple things such as getting a bank account, cellphone account or registering birth, marriage or death are complicated, if not impossible. Stateless persons would be subject to arrest, detention and potential removal to places they may never have been to.

The elimination of birthright citizenship would have the greatest effect on the most vulnerable: the indigent, the less educated, those with mental illness, children in precarious family situations or wards of the state. These are the people who may not have the appropriate paperwork or proof that they do qualify for citizenship or they won’t have support for obtaining citizenship.

This one policy would create an expensive social problem for the state.

The elimination of birthright citizenship is, then, not an act to preserve or protect the integrity of citizenship. The policy is a dividing tool that fuels discrimination against those of different races and socioeconomic classes. It’s a tool to delegitimize persons who have a genuine and effective link to Canada. It would create barriers to important rights that come with citizenship, including the right to vote.

We only need to look at how stripping citizenship and the denial of citizenship in other places of the world have encouraged discrimination, persecution and violence against stateless persons. For example, the oppression of and the genocide against Rohingya people was precipitated by denial of their citizenship in Myanmar, a country they called home for generations.

Canadians should be cautious when considering the idea to get rid of birthright citizenship. It wouldn’t stop migrants from coming. Instead of making it harder to get citizenship, we should trust our well-oiled immigration system to deal with the entry of persons within our country.

Such a policy would not build confidence in the integrity of Canadian citizenship. Instead, citizenship would be more precarious than ever before.

Canadians should also be mindful that Canada has signed onto the 1961 Convention on the Reduction of Statelessness and the Convention on the Rights of the Child, both of which obligate Canada not to create situations of statelessness.

My father was born stateless because the state he was born into didn’t confer birthright citizenship. It affected his opportunity for education, employment and his mental health.

Being a child of a previously stateless person, I’m proof enough that welcoming stateless persons to Canada with the conferral of citizenship is the best way to build a nation.

Source: Birthright citizenship affects all Canadians

 

Michelle Obama Explains What ‘Going High’ Really Means

Whether or not one likes Michelle Obama, her clarification of going high provides a useful guideline in how to engage and converse with others:

By now, Michelle Obama‘s famous phrase — “When they go low, we go high” — has become something of a slogan for exercising restraint in the face of frustration. First uttered by the former First Lady in 2016, it quickly caught on.

In an interview with The New York Times while promoting her popular new memoir Becoming, Obama took the time to unpack the meaning behind her words, expanding on what “going high” really means when you’re faced with a challenge.

“‘Going high’ doesn’t mean you don’t feel the hurt, or you’re not entitled to an emotion,” she explained. “It means that your response has to reflect the solution. It shouldn’t come from a place of anger or vengefulness. Barack and I had to figure that out. Anger may feel good in the moment, but it’s not going to move the ball forward.”

She continued: “For me, when you are a public figure in power, everything you do models what you want the country to do … Responding to a dog whistle with a dog whistle is the exact opposite of what you’d teach your child to do.”

When faced with a specific scenario, Obama tactfully maintained her diplomacy. “I wouldn’t even respond,” she said.

“I say: Let’s just do the work … I’d have to understand why you feel that way. I’d have to be your friend and get into your pain and hurt, your fears. And that takes time. That’s the work that needs to happen around kitchen tables and in our communities. When I say ‘go high,’ I’m not trying to win the argument. I’m trying to figure out how to understand you and how I can help you understand me.”

During her press tour and arena appearances to promote Becoming, Obama has shed light on everything from her feelings about Donald Trump to her marriage with Barack — still “going high” in her candid moments.

Source: Michelle Obama Explains What ‘Going High’ Really Means

Federal Judge Rules U.S. Ban on Female Genital Mutilation Is Unconstitutional

Disturbing although the case seems to hinge on federal vs state authority. Will see if leads to an appeal (hopefully it will, but not sure how the current more conservative Supreme Court would rule):

In a historic ruling that strikes a chilling blow to women’s rights, a federal judge in Michigan declared unconstitutional the U.S. law against female genital mutilations (FGM), and dropped charges against two doctors for carrying out the procedure on underage girls.

U.S. District Judge Bernard Friedman said Tuesday that Congress lacks the authority to outlaw the procedure, and insisted only states can make such a decision, the Detroit Free Press reports.

“As despicable as [FGM] may be,” Friedman said, Congress “overstepped its bounds” by banning the practice.

The trial was the first federal case to involve FGM, which is common religious practice in some cultures, but is internationally recognized as a human rights violation. The defendants, including three mothers, are all members of the Indian Muslim Dawoodi Bohra community.

Friedman dismissed the main charges against Jumana Nagarwala, a doctor who prosecutors said may have performed the procedure on up to 100 girls. Another doctor who allowed Nagarwala to use his clinic, that doctor’s wife and five others also saw their charges dropped. The doctors continue to face lengthy prison terms on conspiracy charges.

According to the court records, two of the mothers tricked their 7-year-olds into thinking they were going to Detroit for a girls’ trip. Instead, they had their genitals cut.

FGM typically involves cutting or even wholly removing the clitoris. The World Health Organization calls it “a violation of the human rights of girls and women” that “has no health benefits.”

In 2012, the U.N. General Assembly passed a resolution to ban the practice, which affects an estimated 200 million women and girls worldwide. It has also been outlawed in more than 30 countries, including the U.S., which passed a law in 1996 criminalizing FGM with a 5-year prison term.

Twenty-seven states separately passed similar measures, including Michigan in 2017. But the defendants in this case are not retroactively subject to the new law.

A spokesperson for the U.S. attorney in Detroit said the government would review the ruling before deciding whether to appeal.

Michigan State Senator Margaret O’Brien, who backed the state ban on FGM, said she was “appalled” by Tuesday’s ruling.

Yasmeen Hassan, executive global director for gender rights group Equality Now, warned the ruling sends the message to women and girls that “you are not important.”

Source: Federal Judge Rules U.S. Ban on Female Genital Mutilation Is Unconstitutional

Wells Fargo boosted by multicultural strength [loyalty of consumers]

Interesting:

Wells Fargo, the financial services provider, has found that multicultural consumers have remained more supportive of its brand than the general market following a testing period for the company.

Nydia Sahagún, Well’s Fargo’s svp/segment marketing, discussed this subject at the Association of National Advertisers’ (ANA) 2018 Masters of Marketing Week.

And she reported that consumer perceptions among the multicultural audience proved to be robust even as Wells Fargo has dealt with various issues and controversies.

These include opening bank accounts without customers’ knowledge, illegally repossessing the cars of service members, wrongly fining thousands of mortgage holders, and charging some clients for auto insurance they did not need.

“What I would tell you is that, in the wake of this brand crisis, we’ve actually seen far less impact with multicultural consumers than we have with the general population,” said Sahagún. (For more, read WARC’s in-depth report: Wells Fargo draws on multicultural strength in brand recovery.)

And the company believes this resilience can be tracked back to its long-term efforts to build bonds with multicultural consumers. “What we attribute that to is really our commitment to diversity,” she added.

Its marketing initiatives range from making native-language ads in Mandarin, Cantonese and Spanish right through to championing the LGBTQ community and people with disabilities.

Beyond communications, Wells Fargo has developed several practical initiatives, too, as shown by its financial support for the American Indian/Alaska Native Communities, and pledging funds to boost Hispanic home ownership.

“Our view of [engaging] diverse and multicultural consumers is that it’s not a nice to have; it’s actually a business imperative,” Sahagún said.

“And it’s been built into the fabric of who we are for a long time. So, we have many segments that we have dedicated resources [against] that we support, we cultivate, and grow. And not all of them are cultural segments.

“But they’re important – and strategically important – to the organisation.”

Source: Wells Fargo boosted by multicultural strength

Canadian public’s opinion of US at unprecedented low: Adams

Not surprising but revealing:

It’s rare for pollsters to be able to use the word “unprecedented” to describe survey results unless they’re releasing their first poll – or giving in to the temptation to use hyperbole to get attention. But a recent Environics Institute survey has indeed revealed some unprecedented results. We’ve been fielding our Focus Canada tracking survey since November 1976, and one of the trends we’ve kept an eye on for much of that time has been Canadian attitudes toward America and its president. We first measured these attitudes after the election of Ronald Reagan in 1980.

When our measurements began, a substantial majority of Canadians – more than 7 in 10 – admired our southern neighbour. This feeling reached its apex in 1983, when 83 percent of Canadians expressed admiration for America. Nearly 6 in 10 (58 percent) admired President Reagan.

Notably, admiration for the country at large cut across party lines. In the 1983 Focus Canada survey, Conservatives felt the most positive (87 percent), but solid majorities of Liberals (82 percent) and New Democrats (71 percent) also admired the US. America in 1983 gave the world “Billie Jean” and TheReturn of the Jedi. It also declared a national holiday to recognize the legacy of Martin Luther King Jr.

Today, just 37 percent of Canadians admire the United States (figure 1). Not coincidentally, only 13 percent of us approve of President Donald Trump (figure 2). These are lows we’ve never seen before. (Unfortunately, we don’t have polling going back to the War of 1812; the proportions admiring the US and its leaders might have been lower then.)

https://e.infogram.com/050baca0-ba1c-4e66-a40f-60efcdcf7d56?src=embed#async_embed

https://e.infogram.com/9c20f3d7-13f8-44df-be9d-e525e4452c41?src=embed#async_embed

Historian Jack Granatstein has often argued that anti-Americanism is bred in the bone of people north of the 49th parallel. If so, the intensity of that sentiment has waxed and waned. It certainly softened in the period starting with the presidency of Franklin D. Roosevelt and running through that of John F. Kennedy. Canadians admired FDR’s leadership during the Great Depression and the Second World War. Feelings of loyalty and solidarity remained strong through the Cold War.

For many of us baby boomers (born between 1945 and 1966), John F. Kennedy represented a far more dashing figure than the dour John Diefenbaker, our prime minister in the late 1950s and early 1960s. Kennedy and his brother Bobby seemed to embody the vitality and idealism of America while Diefenbaker was the lumbering avatar of our relatively drab dominion.

In this exceptional period, America was much more than the leader of the free world. It offered many of the things average Canadians aspired to (partly because they’d been told to aspire to them by American advertisers): a house in the suburbs, a new car every few years, modern appliances, a martini after a hard day’s work. When Americans moved on to sex, drugs and rock ’n’ roll, Canadians wanted those things, too. America’s status as the materialistic and hedonistic capital of the world is durable; millions of would-be migrants around the globe still long for a piece of the rags-to-riches, log-cabin-to-the-White-House American Dream.

America has given us a lot since “Billie Jean.” Its cultural and technology leaders continue to shape our worlds. We snap up Apple products, binge on Netflix and use “Uber” as a verb for getting from A to B. But even with our admiration for things American and our dependence on America’s power and its huge market for our exports, Canadians’ attitudes toward the country indicate that they are troubled by the face their neighbours are now showing to the world.

The US president with his bullyish style and America-first policies is one factor. The nightmarish mixing of guns and bigotry (Charleston, Orlando, Pittsburgh) is another. (Canada has had its own recent hate-fuelled mass murders with the Quebec City mosque shooting and the Toronto van attack.) Some Canadians would still like to see their country be more, not less, like the United States. Some might even argue that gun violence, inequality vastly greater than our own and other obvious negatives are simply the price of a society that is on the whole richer, freer and more dynamic. But a majority of Canadians seem to feel that America’s advertisements for itself are not what they used to be.

Source: Canadian public’s opinion of US at unprecedented low

My Canada2020 podcast on immigration policy

My conversation on Canada2020’s podcast.

 

 

Election Commissioner asked to probe Conservative Party ties to Chinese-Canadian conservative groups

Valid question that should be asked of any similar efforts by non-profit organizations in favour of any political party. The Conservatives are particularly strong among Chinese Canadians:

Federal Elections Commissioner Yves Cote has been formally asked to investigate the relationship between the Conservative Party and 10 Chinese-Canadian conservative non-profit organizations for possible breaches of election laws.

The Liberal and NDP parties both sent letters to Mr. Cote’s office on Monday, saying an official probe is required to determine if there is collusion between the Conservatives and wealthy Toronto developer Ted Jiancheng Zhou and the non-profit groups he set up to help the party win support within the Chinese-Canadian community.

Mr. Zhou, a former Liberal donor who has condominium projects in Canada and China, set up Chinese-Canadian conservative groups in British Columbia, Alberta and Ontario as well as a national organization called the Federation of Chinese Canadian Conservatives (FCCC). The stated purpose of the FCCC is to assist the “Conservative Party to develop new members; disseminating ideas and policies of the Conservative Party; assisting the Conservative Party to educate and train candidates, party members and to develop volunteers.”

In his letter, NDP MP Nathan Cullen asked Mr. Cote to initiate a “formal investigation” to determine if Mr. Zhou and the Conservatives are co-ordinating their political activities “to circumvent contribution limits” in “potential contravention of election laws.”

Liberal MP Marco Mendicino wrote to Mr. Cote that “there are reasonable grounds to believe that the Conservative Party of Canada and the FCCC are co-ordinating efforts to use the latter organization as a parallel political entity – akin to a Political Action Committee – which could violate the Canada Elections Act.”

The Elections Act says it is illegal for any outside or non-profit groups to be used as vehicles to evade the spending and contribution limits imposed on political parties. Canadian political financing rules restrict donations to parties or candidates to $1,575 a year and consider provisions of services or goods without charge to be non-monetary contributions subject to the same limits.

Conservative Leader Andrew Scheer’s office denied on Monday that Mr. Zhou’s organizations are involved in fundraising or helping his party to elect MPs in next year’s general election.

“The FCCC is playing no role for the Conservative Party of Canada or the Conservative Fund, no caucus members are involved in the FCCC,” communications director Brock Harrison said in an e-mail. “As far as Mr. Zhou is concerned, he does not have a role either in fundraising or organizing on the party’s behalf … He has organized the FCCC as an independent group of Chinese Canadians who want to promote conservative values in their community.”

Mr. Zhou has also denied any wrongdoing and insists he is not acting as an arm of the Conservative Party. He asserts he set up that network to promote small-c conservative causes within the Chinese-Canadian community.

The businessman made a maximum donation of $1,500 in June, 2016, to the Liberal Party and $400 in May, 2017, before switching his allegiance to the Conservatives. He said his organizations do not violate federal election laws and “we have no intention to fund raise for any candidate or the Conservative Party.”

But Canada’s former long-serving chief electoral officer told The Globe and Mail that an Elections Commission investigation is warranted into whether there was an attempt to skirt the contribution limits under the Canada Elections Act.

“It raises the questions about collusion and these are matters that should be looked at frankly in order to satisfy Canadians that the financial provisions of our status – which makes Canada a leader in this field – are being respected,” said Jean-Pierre Kingsley, who served as chief electoral officer from 1990-2007.

For example, Mr. Kingsley said, it would be collusion if non-profit or third-party organizations provided a list of volunteers to a political party or provided any other form of non-monetary benefit.

An official for the Commissioner of Canada Elections, which conducts investigations into electoral matters, says the agency can’t discuss a probe or confirm whether a particular incident is being investigated. However, Mr. Kingsley said a formal request from either MPs or the public usually triggers an investigation by the commissioner’s office.

The Liberals and the NDP also want Mr. Cote to investigate a Nov. 9 rally and dinner in Richmond Hill, Ont., that featured Conservative Leader Andrew Scheer and at least 10 other MPs and senators for the inauguration of Mr. Zhou’s FCCC. Tickets were priced at $70, or $100 for VIPs, an amount that would have collected between $45,500 and $65,000, depending on the mix of ticket sales. Food and rental space cost $35,750.

A video of the rally showed former Conservative MP Chungsen Leung, who is on the FCCC advisory board, urging the crowd to “volunteer or to donate to the Conservative Party,” and Ontario PC MPP Aris Babikian said: “Without your support, manpower and financial [help] we would not be able to do it. So let’s work together to bring Andrew Scheer as the next Prime Minister of Canada.”

Mr. Zhou said there was no money left over from the event. “We raised barely enough to pay for the event itself. All the money raised are used for the event expenses,” he said in an e-mail. Expenses incurred could still qualify as a non-monetary political contribution, according to Elections Canada.

Source:     Election Commissioner asked to probe Conservative Party ties to Chinese-Canadian conservative groups Robert Fife and Steven Chase November 19, 2018     

The perilous stakes of immigration law by executive fiat

Valid questions:

American presidents long have exercised broad powers over immigration policy. But what are the limits? Since his first days in office, President Trump has forced a national conversation around that question. One of his enduring legacies, for better or worse, may be to compel some hard answers.

In recent weeks alone, President Trump has claimed the authority to end birthright citizenship, issued an executive proclamation to drastically limit asylum eligibility, and deployed thousands of U.S. military troops to enforce immigration law. In each instance, Trump has claimed the inherent presidential authority to do so, with or without congressional approval, and perhaps even despite its disapproval.

Meanwhile, in a recent Supreme Court filing, the Trump administration rigorously defended its decision to terminate President Obama’s Deferred Action for Childhood Arrivals (DACA) program for undocumented youth. In that ongoing litigation, the Trump administration argues that rescinding DACA is justified because the Obama administration exceeded executive authority when it first created the program.

More than ironic, this duality is telling. Trump’s arguments simultaneously posit the need for limits on presidential immigration authority and shine light on the absence of a principled answer to what those limits should be. If nothing else, when sentiments about constitutional power suddenly change when the president does, that should sound an alarm that political preferences are substituting for what the Constitution requires.

Trump’s claim to sweeping executive authority no doubt is emboldened by the Supreme Court’s majority opinion in Trump v. Hawaii, which upheld his so-called travel ban against constitutional challenge. Emphasizing the breadth of presidential power in immigration matters, the five-justice majority declined to scrutinize Trump’s words and actions, as it might have in other regulatory contexts. Instead, the court explained, “[F]or more than a century, [it] has recognized that the admission and exclusion of foreign nationals is a fundamental sovereign attribute exercised by the government’s political departments largely immune from judicial control.”

The court’s extreme judicial deference in immigration traces to the Chinese Exclusion Cases, decided by the Supreme Court in the late 19th century. There, the court determined that the federal political branches had complete authority to exclude and expel immigrants on any basis, including race or nationality.

When those foundational immigration cases were decided, the court’s jurisprudence on constitutional rights was undeveloped, as were the nation’s social norms regarding discrimination. As that jurisprudence and our cultural understandings evolved over time, however, immigration law lagged behind.

The result is a modern-day immigration regime where the normal constitutional rules do not always apply. More concretely, it has allowed presidents across the political spectrum to wield governmental power that would be patently unconstitutional in other regulatory contexts.

The travel-ban case tested the currency of the court’s anachronistic immigration jurisprudence. By declining to modernize it, the court missed an opportunity to bring immigration law — and this president — in line with generally applicable constitutional limits. Now, with his recent directives, Trump is doubling-down on the idea of creating immigration law through executive fiat.

But make no mistake: The stakes transcend immigration law and our sitting president.

Lurking behind the controversies over DACA, “sanctuary cities,” asylum and citizenship, are a set of constitutional values on which those cases turn — from individual rights to separation of powers to state autonomy. The fact that these core concerns arise in situations with an immigration component should not give presidents a free pass on any of these constitutional dimensions. Otherwise, it becomes all too easy for presidents to invoke catchphrases such as “national security” or “alien invasion” to paper over our written Constitution.

Nor should questions about presidential power be confused or replaced with questions about whether we like or dislike a president’s policies. The Constitution was crafted to keep certain values safe from the political whims of any one institution of government — including the president. Constitutional structures do not grind to a halt when Congress does. If anything, congressional inaction is a telltale sign of a nation divided, not a justification for a president to go it alone.

Looking ahead, there is no reason to think future presidents will forfeit power once obtained. Indeed, Trump’s invocations of executive power are perhaps the extreme, but predictable, result of the steady accretion of presidential power over time. This one-way ratcheting of presidential power must be stopped by judicial and congressional intervention, or it will not be stopped at all.

It has become a cliché to invoke America’s status as a “nation of laws.” Less appreciated is that our laws reflect who we are and wish to be as a nation. No president should be able to unilaterally decide our national complexion. Any compromise on that point compromises our constitutional democracy.

Source: The perilous stakes of immigration law by executive fiat

Anti-Immigration Laws Have Negative Health Effects on Undocumented Youth

Not too surprising:

Anti-immigration laws, coupled with the repeal of Deferred Action for Childhood Arrivals (DACA), have negative public health implications for undocumented Latino immigrant youth, according to results presented at the American Public Health Association 2018 Annual Meeting and Expo, held November 10 to 14 in San Diego, California.

These negative effects on public health stem from limited access to education and include higher percentages of tobacco and alcohol use, higher rates of stress-induced chronic disease, and a decrease in the use of health and human services.

The researchers conducted 5 focus groups in San Mateo County, with 3 objectives: to better understand undocumented immigrants’ feelings around the fear of deportation, to identify strategies that can lessen negative effects, and to develop recommendations to help support undocumented immigrants. The researchers also conducted interviews with 6 key informants and 8 healthcare providers.

The researchers found that participants noted signs of depression and anxiety in children and young adults. Particularly, participants expressed concern for older children who once qualified for DACA: these children now reported feelings of hopelessness and lower self-esteem.

The results of the study indicated that undocumented immigrant children sometimes refuse to continue seeking an education, fearing deportation and threats against the Latino community.

To mitigate the negative effects of the political climate on this community, participants expressed a need to increase awareness about health implications, offer practical support systems, and pass local policies that protect all residents, including undocumented immigrants.

“The research highlights the need to study the impact of DACA and immigration enforcement in relation to stress levels, including mental health and chronic disease,” lead study author Mayra Diaz, MPH, from the San Mateo County Health System, Belmont, California, said. “It will be critical to look into areas of outreach for access to public, health, and social services.”

Source: Anti-Immigration Laws Have Negative Health Effects on Undocumented Youth

An Excel error could delay Japan’s massive immigration overhaul

As someone who works a lot with data, this can happen. But it shouldn’t, given government validation and checking processes:

Japan’s government seems to be in need of some tech support.

Its plans to pass a crucial immigration bill that could open the country’s doors further to as many as 340,000 foreign workers from next year might be stymied due to data input errors.

Japan’s government had given lawmakers an analysis of why foreign workers in the country are dropping out of an existing work training program, as it argues for the country to create create two new categories of work visas. The justice ministry admitted last week that the data on those workers was incorrect, and blamed the problems on the handling of an Excel spreadsheet, Japan Times reported yesterday (Nov. 19). For example, the analysis exaggerated the number of foreign workers who left their jobs because they wanted higher-paying positions, rather than to escape poor wages or working conditions.

There are some 1.3 million foreign workers in Japan as of 2017, a 17% increase from the previous year, as businesses try and fill positions in industries ranging from construction to food preparation to nursing amid a shrinkage in Japan’s working population. Right now, foreign workers filling run-of-the-mill jobs are often in the country on temporary “trainee” visas that lock them into employers.

The proposed work-visa categories, approved this month by prime minister Shinzo Abe’s cabinet, would allow those with “specified skills” in the most labor-starved industries to live and work in Japan under for up to five years. The new visa status would also allow such workers more flexibility in changing jobs, which would make them less vulnerable, proponents of greater immigration to Japan say.

Though Japan’s justice ministry has said that the errors were the result of mistakes in data processing—the latest IT mishap after Japan’s newly appointed cybersecurity minister admitted that he had never used a computer—opposition lawmakers have accused the government of glossing over the problems with the current trainee program in order to rush the bill through.

In the revised data, the government said for example that 12.6% of trainees said that they left their jobs because of harsh working conditions, up from the previous 5.4% presented by the ministry. Opposition legislators boycotted a debate over the immigration overhaul in the Diet last week in protest, but deliberations could resume this week.Many of those currently working as trainees are expected to switch over to the new visa status once the bill becomes law.

Calling foreign workers technical trainees or interns was a workaround for the government to keep it from having to admit that more people from overseas are living in Japan—a country where many remain deeply apprehensive about immigration, even as it struggles with a severe labor shortage. But it’s also a workaround that has left thousands of workers vulnerable to exploitation by employers and the brokers who bring them over, as many of these trainees told lawmakers earlier this month.

Source: An Excel error could delay Japan’s massive immigration overhaul

And public opinion appears sceptical regarding the proposed changes:

Sixty-four percent of respondents said there is no rush to revise the immigration control law to expand the acceptance of foreign workers from next spring, according to an Asahi Shimbun poll released on Nov. 20.

They said it is not necessary to pass the revisions in the current extraordinary Diet session, while 22 percent of respondents believe it should be.

The nationwide poll was conducted Nov. 17 and 18.

The government and the ruling parties are seeking to pass the revisions to the immigration control law in the current Diet session.

However, even among supporters of the Liberal Democratic Party, the main force of the ruling coalition, 57 percent said that it is not necessary to do so. Only 31 percent replied that the revisions should be passed in the current session.

The survey also asked respondents about whether they support the expansion of acceptance of foreign workers. Forty-five percent, down from 49 percent in the previous survey in October, said they support it. Forty-three percent, up from 37 percent, expressed opposition.

Prime Minister Shinzo Abe has said that accepting more foreign workers into Japan is not a policy of accepting immigrants. As for Abe’s comment, 52 percent of respondents said that they don’t accept the explanation while 29 percent replied that they agree with it.

In the latest poll, the support rate for the Abe Cabinet stood at 43 percent, up from 40 percent of the previous survey, while the nonsupport rate was 34 percent, down from 40 percent.

The latest number means that the support rate for the Abe Cabinet recovered to the levels recorded in January and February polls, which were taken prior to the revelation of the alteration of Finance Ministry documents.

Respondents also were asked about the four islands off eastern Hokkaido that were occupied by the Soviet Union at the end of World War II in 1945. The islands, called the Northern Territories in Japan, are Etorofu, Kunashiri, Shikotan and Habomai.

Abe agreed with Russian President Vladimir Putin in their summit on Nov. 14 to accelerate peace treaty negotiations based on the 1956 Japan-Soviet joint declaration that stipulates the return of two islands, Shikotan and Habomai, to Japan after concluding a peace treaty.

The survey asked respondents if they expect an agreement to lead to a resolution of the long stalemate over the Northern Territories issue.

A total of 60 percent replied that they don’t expect that at all or very much. Thirty-eight percent responded that they very much expect it or at least to some degree.

The survey also asked about how Japan should deal with the Northern Territories issue.

Fifty-one percent replied that the government should first seek the return of Shikotan and Habomai and continue to hold negotiations on the return of the remaining two islands.

Meanwhile, 25 percent said Russia should return the four islands at the same time, and 11 percent said that Japan should conclude the Northern Territories issue with the return of the two islands. Six percent replied that Japan should not seek the return of any of the four islands.

The Asahi Shimbun conducted the survey through land-line telephones and mobile phones of eligible voters chosen randomly by computer.

Of 2,048 households contacted with land-line telephones, 991 people, or 48 percent, gave valid responses. As for mobile phone users, 949 of 2,022 people, or 47 percent, gave valid responses.

Land-line telephones do not include those located in a part of Fukushima Prefecture.

Source:  Poll: 64% say not necessary to rush revisions to immigration law November 20, 2018 Sixty-four percent of respondents said there is no rush to revise the