Semotiuk: Deporting 11 Million U.S. Undocumented Immigrants: Mission Impossible

2024/07/23 Leave a comment

Indeed:

Recently, America’s Voice, a pro-immigration NGO, spoke up about the ramifications of former President Donald Trump’s plan to deport 11 million undocumented immigrants. “It means detention camps full of immigrants waiting to be removed. This would affect all undocumented people living in the US, even those who have lived here for decades.” It added, “The moral cost to the country would be unimaginable. It would also lead to economic disaster. The cost to deport 11 million people would come to more than $265 billion. The deportation of every 1 million immigrants would cause an estimated 88,000 American job losses. We would lose trillions in immigrant taxes, economic contributions, and payments into Social Security and Medicare.”

Legally Speaking

Legally speaking, the complications of such an endeavour have been summarized as follows: “Even undocumented immigrants in America have certain constitutional rights, particularly those who have been here for longer periods of time. For example, longer-term noncitizens are entitled to the right to counsel, albeit at their own expense. They are also protected by at least the Fifth and Fourteenth Amendment rights to due process. These immigrants also have other legal protections.

These constitutional rights mean that removing illegal immigrants from America would require legal hearings in courtrooms. In addition to considering the rights of the defendants, this would create a logistical nightmare, tying up the courts from dealing with other substantive issues. Judges, prosecutors, defence counsel as well as the persons concerned would all have to coordinate their calendars to schedule mutually agreeable dates for hearings before illegal immigrants could be deported. If you multiply this by some millions of cases, you have a better idea of why legally removing these immigrants from America is going to take a long time and will be very expensive.” What is more, trying to do it without respecting these legal rights essentially involves converting America into a dictatorship and is, therefore, unacceptable.

Other Consequences

But one other consequence of all this has not been considered: its impossibility and the likely destabilization of other states if it were done.

At least 15 countries that will not accept the return of their nationals due to deportation. These include China, India, and Russia, for example. Indeed, it can be anticipated that as many as 150 countries will refuse the return of large numbers of their nationals from the U.S. Trump’s threats to cut American aid to them may work on some, but few, and certainly not on most. Thus, the proposal becomes impossible to implement.

Case In Point: Mexico

Special problems arise in the case of Mexico. Over four millionundocumented Mexicans live in the United States. When added to the problem of the flow of hundreds of thousands of migrants seeking to enter the U.S. through Mexico, the addition of four million returning Mexicans would be overwhelming for the country. There is no guarantee of cooperation in this venture.

What About Canada?

In the case of Canada, the commencement of deportation measures in the U.S. against 11 million people would likely drive many undocumented immigrants northward, legally or illegally. Each year, Canada’s current immigration levels come in at about 500,000. In past years, irregular crossings from the U.S. to Canada of about 100,000 migrants at Roxham Road were a major burden for Canadian authorities. It is not hard to imagine the dislocations in Canada that could be caused if, say, even one million noncitizens of the U.S. decided to make their way northward to avoid U.S. deportations back to their homelands.

Conclusion

In short, deporting 11 million noncitizen migrants from the United States is a mission impossible. But instead of deportations, there is another more reasonable way of dealing with this problem. It would be to allow those undocumented immigrants who have been here for many years to stay by moving the registry date forward but to require them to do some community service to atone for their undocumented entry. Let reasonable minds prevail and avoid the disaster former President Trump has in mind for America.

Source: Deporting 11 Million U.S. Undocumented Immigrants: Mission Impossible

Filed under Immigration Tagged with , ,

Maple Leafs Tavares Fight Over Tax Issue Raises Immigration Questions

2024/02/29 Leave a comment

Not a problem for most of us!

In the realm of professional sports, where contracts are inked with extravagance and fortunes are amassed overnight, taxation emerges as a critical factor influencing immigration patterns. A case in point is the ongoing legal saga involving Toronto Maple Leafs’ captain, John Tavares, and a $20 million signing bonus he received from the Maple Leafs in 2018.

The Heart Of The Issue

At the heart of the issue lies the structuring of Tavares’ compensation. The Canada Revenue Agency contends that his entire bonus should be categorized as salary, subjecting it to a higher tax rate, rather than being considered a lower-taxed inducement under the Canada-U.S. taxation treaty.

This legal battle spotlights a broader challenge facing Canadian professional sports teams. Over the years, they have grappled with attracting top-tier talent, especially when compared to their U.S. counterparts situated in jurisdictions with lower tax rates. This tax disparity puts Canadian teams at a disadvantage, hampering their ability to secure star players to bring them to Canada and compete on an equal footing.

Broad Implications For This Precedent

As the legal showdown unfolds, its implications extend beyond Tavares’ personal finances to the very core of Canadian competitiveness. The outcome of this case could establish a precedent for future contract negotiations in professional sports, influencing decisions on where elite athletes choose to pursue their careers and the financial viability of Canadian franchises.

Source: Maple Leafs Tavares Fight Over Tax Issue Raises Immigration Questions

Filed under Other Tagged with , , ,

Semotiuk: U.S. H1-B Visa Holders Targeted By Canada’s New Immigration Program

2023/06/30 Leave a comment

Good explainer:

It is a fact that H1B visa workers from countries such as India, China, Mexico, and the Philippines face legitimate concernsabout their long-term status and stability in the United States. For example, America offers no automatic path to permanent residence for H1-B workers, their work visas are only temporary, H1-B spouses and children cannot work without authorizations, and there is a low numerical limit of H1-B visas available per year despite a high demand – such American H1-B program shortcomings prompt H1-B visa holders sometimes to explore other options.

Canada’s government, led by Sean Fraser, Minister of Immigration, Refugees, and Citizenship, recently recognized the potential of attracting these talented individuals. The Canadian program recently announced not only aims to fill Canada’s immediate skill shortages but also focuses on attracting these talented individuals to foster the growth of tomorrow’s jobs.

Four Key Canadian Pillars

Four key pillars introduced by Immigration, Refugees, and Citizenship Canada (IRCC) offer a glimpse of a more promising future for high-skilled workers. These pillars provide U.S. H1-B visa holders a better sense of security and long-term prospects on offer in Canada than what currently is available in the United States.

1. Streamlining Canadian Work Permits For H-1B Visa Holders

Starting from July 16, 2023, U.S.-based H1-B workers and their immediate family members will be able to apply for open Canadian work permits of up to three years, enabling them to explore employment opportunities with almost any Canadian employer.

2. Innovation Stream Under The International Mobility Program

Acknowledging persistent labor shortages in key tech occupations, Canada plans to launch the Innovation Stream by the end of 2023. This stream will exempt highly skilled workers from the labor market impact assessment process, (similar to PERM labor certifications in the U.S.) thereby streamlining the hiring process for high-growth employers in alignment with Canada’s innovation priorities and high-tech industries. Whether through employer-specific work permits or open work permits for in-demand occupations, these workers will have the opportunity to contribute to Canada’s thriving tech sector and settle their status with greater certainty.

3. Promoting Canada As A Destination For Skilled Workers And Their Families

Canada recognizes the value of attracting skilled workers and their families, regardless of their country of origin. As remote work becomes more prevalent, Canada aims to position itself as an appealing destination for skilled professionals. The government plans to collaborate with public and private partners to explore additional policies that attract workers seeking to relocate to Canada and integrate into its thriving job market. With the potential for temporary work permits and pathways to permanent residence, these workers will be able to find stability for themselves and their families.

4. Strengthening Existing Programs For High-Skilled Tech Workers

Canada is also focusing on improving existing immigration programs designed to benefit high-skilled tech workers. The Global Skills Strategy, launched in 2017, offers quick access to highly skilled talent from around the world, with reduced processing times for work permit applications. Additionally, the Start-up Visa Program provides a pathway to permanent residence for foreign entrepreneurs with the support of designated Canadian venture capital funds or angel investor organizations.

Staying In America

While these are attractive offerings, there are reasons for staying in America. While it is true that Canada features a universal health care system, a reasonable system of education, and beautiful landscapes, the fact remains that Canada cannot compete with America’s Ivy League universities, America’s warm southern climate, and the business and economic strengths of the American economy. Still, the United States should take note of Canada’s innovations and consider similar measures.

America desperately needs to reassess and revise its H1B visa program to ensure the program remains competitive. Long term stability, career growth, and a supportive environment for families are things America must provide. Retaining H1-B workers should be a priority for the U.S. because they contribute to economic growth, foster innovation, and maintain the nation’s position as a leader in technology and industry. If America is not to fall behind, it is important for the country to urgently address the concerns of these workers, revisiting its immigration policies and programs to create a more conducive environment that retains and attracts the best global talent, ensuring continued success and prosperity in the ever-evolving technological landscape.

Source: U.S. H1-B Visa Holders Targeted By Canada’s New Immigration Program

Filed under Immigration Tagged with , ,

New Quebec Investor Immigration Program Details Met With Hesitation

2023/06/09 Leave a comment

Written from an immigration legal perspective and the comparison with other jurisdictions is of interest.

This is simply buying residency and later citizenship without any material contribution to the economy given the small amounts and passive investment approach and essentially is an implicit subsidy to investment dealers and trust companies. The amounts are ridiculously low in any case.

We know from the previous Quebec program that many who entered the program eventually left Quebec, often to British Columbia. We will see if the French language commitments during the first two years are tracked and enforced.

The upcoming relaunch of the Quebec Immigrant Investor Program (QIIP), known for its popularity as Canada’s leading business immigration program for the past two decades, is likely to raise some doubts among some foreign investors and others who are familiar with investor immigrant programs. Regulations for the program were just released. The revised program aims to attract investors by offering a passive investment immigration pathway without the requirement of establishing a business in Canada and actively managing it.

One notable change is the exclusive participation of regulated investment dealers and trust companies as financial intermediaries. This ensures investor confidence and provides a mechanism for agents to receive compensation. Additionally, the Quebec Government guarantees the investment, enabling financial intermediaries to arrange financing for applicants, further enhancing the appeal of the program.

The revised QIIP introduces several new requirements for the principal applicant. To be eligible, they must demonstrate a legally accumulated net worth of at least $ 1.5 million USD (C$ 2 million). Furthermore, the applicant must possess a high school (secondary) diploma and a minimum of two years of management experience within the five years preceding the application.

Once approved, the principal applicant will be required to make specific financial contributions. These include a $750,000 USD ($1 million CAD) five-year investment through an authorized financial intermediary, guaranteed by the Quebec Government. It is worth noting that financing options are available for this investment. In addition, a non-refundable contribution of $ 150,000 US ($200,000 CAD) to the Government of Quebec will be required.

Upon approval and completion of the financial contributions, the principal applicant and their family will be granted a temporary stay in Canada for three years. This temporary status allows the family members to work and study in Quebec, facilitating their integration into the local community. However, within the first two years of arriving in Quebec, the principal applicant must fulfill additional requirements. They must achieve a Level 7 out of 12 on the Echelle québécoise des niveaux de compétence en français, demonstrating their French language proficiency. Moreover, the applicant or their spouse must spend at least six months in Quebec, with an additional six months of residence required for either the applicant or the spouse.

Following the fulfillment of these requirements, the principal applicant and their dependents will receive Selection Certificates (CSQ), allowing them to apply for permanent residence from within Canada.

To summarize, the QIIP envisions an investment of roughly $ 750,000 U.S. refunded in five years interest-free. Details about financing such investments are not yet known but the speculation has been it will be about $375,000 U.S. as a one-time non-refundable payment consisting of the $ 150,000 US. to Quebec and the remainder being the cost of a loan to pay for the program. A big question related to the program will be the processing time for approval. Under the old program, it ran as long as five years although French speakers got through in about two years counting the provincial and federal processing that was required. The key impediments of the program for many investors are the French language requirement and the six months physical presence and one-year residence element to achieve unconditional permanent residence.

Comparison Programs:

Canadian Start-Up Visa Program

In contrast to the QIIP, the federal Canadian Start-Up Visa Program provides an alternative pathway to Canadian permanent residence. To be eligible, applicants must have a qualifying business and obtain a letter of support from a designated organization. They must also meet the language requirements, demonstrate proficiency in English or French, and have sufficient settlement funds. The program focuses on innovative businesses, allowing applicants to actively manage their ventures within Canada. Under that program investors normally pay somewhere between say $ 100,000 to $ 125,000 USD to make the necessary arrangements to be approved for permanent residence through a Canadian sponsoring organization that certifies the bona fides of the investor’s business plan. A key difference is that the Start-Up program requires the active involvement of the investor with an innovative new idea whereas the Quebec program is a passive program. However, judging by current processing times, the processing times for the Start-Up program and the Quebec program will likely be similar.

New Brunswick Program

Under the New Brunswick Provincial Nominee Program for investors you must be ready to invest under $95,000 USD (C$ 125,000) in a business for a period of not less than one year and the business has to have been established within two years of landing. To guarantee the investment is made a deposit of $ 57,000 USD (C$ 75,000) must be made with the provincial government which will be returned if the above conditions have been met. What is more, the investor must have a net worth of at least $ 225,000 USD (C$ 300,000).

Applicants are vetted by a point system used to assess them and must score 50 points to succeed. They must be between 22 and 55 years of age have sufficient English and or French language ability to actively manage a business in New Brunswick have, at a minimum, been awarded a high school diploma, and be willing to live and operate a business in New Brunswick. Applicants also must have management experience in three of the last five years. Applications must include a business plan that must be approved by an official of the Government of New Brunswick certifying the applicant has sufficient familiarity with the business climate in the province. Processing times will also be likely to be similar to the Quebec program.

The U.S. EB-5 Investor Immigration Program

The United States offers foreign investors its EB-5 investor immigration program which was created by the U.S. Congress in 1990 to attract investments and create jobs for American workers. In its most popular format, the EB-5 program enables foreign investors who invest $800,000 USD in a U.S. Citizenship and Immigration approved regional center commercial project for approximately five years to get a green card. The program is a relatively passive way for investors to gain permanent residence for themselves and their families and has an attractive concurrent filing feature that enables many investors to gain work and travel status inside the U.S. while awaiting the adjudication of their internally filed adjustment of status applications. In most instances, full processing to green card status is taking about four years, although Indian, Chinese, and Vietnamese applicants, are taking many years longer.

Conclusion

Ultimately, the choice of an investor immigration program depends on individual circumstances, including language proficiency, investment preferences, and long-term goals. However, the QIIP’s changes, particularly the French language requirement and temporary residency period, may deter some potential investors. As investors weigh their options, they will need to consider the various specific program requirements and their suitability for individual aspirations and objectives.

Source: New Quebec Investor Immigration Program Details Met With Hesitation

Filed under citizenship-by-investment, Immigration Tagged with , ,

Semotiuk: What Is The American Identity And How Should Immigrants Be Absorbed?

2021/02/03 Leave a comment

From Canadian immigration lawyer practicing in the USA, ending his commentary on a Canadian note:

It is no exaggeration to say that the United States always was, is now and always will be a nation of immigrants. From the first migrants who crossed the Bering Strait to Alaska and migrated down the West coast, possibly as early as around 20,000 years ago, to today’s immigrants coming from all the four corners of the earth, America was built by immigrants. In a sense, America is like a huge puzzle, completely finished on one end, but continually growing as new pieces are added to the other, representing newly arriving immigrants.

American Identity

These new immigrants are continually changing America’s identity. It is often said that America is a melting pot in which newly arrived immigrants merge with those already here to produce a new breed of Americans. To draw an analogy, the idea is that integrating new immigrants is like baking a cake. The ingredients of flour, shortening, eggs and sugar are mixed together to bake the American cake. Contrast that view, with say that of Canada’s, that sees itself as a cultural mosaic of brightly colored bits of ethnicity, culture, racial identity and language embedded side by side. These visual metaphors attempt to portray each country’s policies and how they incorporate new immigrants into their societies. Critics of these older formulations advance the notions of diversity and inclusion as better views on how immigration and cultural policies should deal immigrants to their societies.

Personal Identity

Just as immigrants are changing the identity of America, however, the country is also changing the identity of immigrants. Consider that on the first day of arrival on American soil, immigrants bring with them their identities forged back home. These identities may include a different language, culture, religion, dress and values – differences that are not ‘normal’ in North America. In time, many immigrants adapt and take on the ways of the majority in America. An example is that male Sikhs sometimes abandon their turbans and clothes and cut their hair. Externally they may look more like other typical Americans, but inside they may still identify with the Sikh faith and customs. By and large, such immigrants love America and are glad they were allowed to come here. Yet many also love their former homeland as well. There is nothing strange or wrong here: just as one can love her mother and father at the same time, she can also love America as well as Italy, for example, if that is where she is from.

What’s In A Name?

An interesting portrayal of how America influences personal identity is in former President Barack Obama’s book A Promised Land. While he was native born, as he grew up he was called Barry Obama. It was only later in life, as he came to grips with his identity that he changed his name to Barack Obama. This is a common identity experience – many Chinese immigrants adopt English first names to better cope with life in English-speaking America. I myself vacillate between Andy in everyday settings, and my native Andriy, related to my Ukrainian origins.

Being True To Yourself

The underlying question is can you live in America as your true self and still be an American? Or is America the kind of country that expects you to change your identity to ‘fit in?’ In other words, do you have to surrender your cultural identity to become an American? More importantly, is America welcoming when it comes to speaking other languages, or does America expect you to effectively forget your native tongue and just speak English? There are Americans with very different answers to these questions and different expectations related to newcomers to this country. This is what needs to be settled for America to find her way in these troubled times.

A Different View of America

Never was this difference in views about America more evident than in the presidency of Donald Trump. His evident hostility to Mexican and Muslim immigrants, and his apparent empathy, or at least tolerance, for those who want a White America, resulted in clashes on the streets of many cities and in Washington D.C. that seriously tarnished America’s image abroad. The efforts of historic figures like Abraham Lincoln and Ulysses Grant to eradicate white supremacists, not to mention the American civil war fought in part to put the legacy of slavery behind it, appeared to be forgotten. Even the efforts of more modern political leaders, like those of President Kennedy, Bobby Kennedy, President Johnson and Dr. Martin Luther King Jr. were all set back by the recent policies of the Trump administration. It may take years for America to heal and return to honoring its founding creed.

A Return To America’s Founding Creed

But return it must. The days of a country with a single race, single religion and a single culture are gone. They disappeared with the end of World War I and the collapse of the great empires that dominated world politics back then: Tsarist Russia, Austro-Hungary, and the Ottoman and German empires. Today America has no choice but to transform itself into the multi-ethnic, multiracial and diverse country it needs to be to play a leading role in the modern, multinational, multilingual and secular world. It is time for Americans to return to their founding principles in that regard.

Source: What Is The American Identity And How Should Immigrants Be Absorbed?

Filed under Multiculturalism Tagged with , ,

Trump’s Immigration Crackdown Driving Illegal Immigrants To Canada: Semotiuk

2018/01/13 Leave a comment

Immigration lawyer Andy Semotiuk in Forbes offers his solutions to the increased number of  asylum seekers. The first one, essentially applying the safe third country agreement to those who arrive at border points that are not designated ports of arrival, appears more realistic than expecting the current US admin to take back asylum seekers:

An American solution Canada could use

The American Immigration and Nationality Act has a provision that better deals with this problem than anything Canada has in its legislation. Section 235(b)(2)(C) of the U.S. act states:

Treatment of aliens arriving from contiguous territory –

In the case of an alien … who is arriving on land (whether or not as a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 240.

The provision, though not always popular with all quarters in the legal community, enables American officials to hold migrants at bay in Mexico until their removal proceedings are held.

What needs to be done immediately

In my view, three things need to be done immediately in the Canadian situation.

Firstly, the government of Canada needs to clearly state publicly that, as a general rule, while migrants from America who seek to come to Canada may or may not be facing prosecution for their illegal presence in the U.S., they are definitely not currently facing imminent persecution from the U.S. government. Therefore, they should not be crossing illegally into Canada.

Secondly, Canada should adopt a measure similar in nature to the American one mentioned above, so the country can turn migrants away when they cross the border illegally.

Finally, Canada should make immediate arrangements with the U.S. to return illegal entrants to U.S. officials until hearings can be scheduled at a later date. In this way the migrants can be dealt with fairly through appropriate hearings when they can be scheduled, but not at the cost of their immediate presence in Canada. In this way their cases will not negatively impact the debate about welcoming genuine refugees and immigrants to Canada but will be dealt with fairly in deserving instances.

Source: Trump’s Immigration Crackdown Driving Illegal Immigrants To Canada

Filed under Immigration Tagged with , ,