Immigration 101: IMMIGRATION FOR THE NON-IMMIGRATION ATTORNEY 1.
Mrs. Cleola Hamilton Parliamentary Secretary Ministry of Foreign Affairs and Immigration
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Transcript of Mrs. Cleola Hamilton Parliamentary Secretary Ministry of Foreign Affairs and Immigration
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REGIONAL ROUNDTABLE ON IRREGULAR MOVEMENTS BY SEA IN THE ASIA-PACIFIC REGION:
Panelist Discussion: “Irregular migration by Sea: A Global Challenge - Challenges in the Caribbean and Best Practices”
18-20 March 2013Jakarta, Indonesia
Mrs. Cleola HamiltonParliamentary Secretary
Ministry of Foreign Affairs and ImmigrationThe Bahamas
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THE CARIBBEAN
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Regional Overview
Migration within the Caribbean Sub-Region
The number of migrants in Caribbean countries from other Countries in the Region has increased
On average 3% of Caribbean countries populations can be considered migrants
Lowest percentage of migrants are found in Jamaica, Guyana, Cuba, Dominican Republic, and Haiti
Main push factors are: Declining economic and social conditions; High unemployment; Little hope for improvement in the near future
Source: Migration in the Caribbean, ECLAC, 2006
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Regional Overview Cont’d Trends in Caribbean Irregular Migration: The pattern of Movement
Generally irregular movement from the poorest countries to other Caribbean countries, and the shortest distance from the origin Country
Countries with basic coastguard surveillance are more likely to be recipients of more illegal migrants
Source: Migration in the Caribbean, ECLAC, 2006
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Regional Overview Cont’dCASES Trinidad and Tobago
Deported more than 750 immigrants over a two year period 2011-2012 Over 400 were from Guyana
In 2012, there were reportedly 482 persons deported 283 were from Guyana 60 were from Jamaica 16 were from Dominican Republic 10 from were from St. Vincent and the Grenadines
Source: www.newsday.co.tt/politics
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THE BAHAMAS EXPERIENCE
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THE BAHAMAS EXPERIENCE Challenged with inability to control the large influx of illegal migrants
by sea because of the large territory of water borders The Department of Immigration has listed the Haitian Nationals as
the department’s number one challengeo Illegal landingso Recent deaths at seao Overstaying
Trend in maritime is the smuggling of migrants of different nationalities from the Caribbean
On Islands with large Haitian migrant populations, residents have established underground networks
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COSTS TO THE BAHAMAS Repatriation Costs by Air
$0.00
$500,000.00
$1,000,000.00
$1,500,000.00
$2,000,000.00
$2,500,000.00
$3,000,000.00
$3,500,000.00
Year
Ba
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mia
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MIGRANTS MODES OF TRANSPORTATION
Vessels have evolved over the years from wooden sailing sloops, to wooden sloops and steel-hull cargo vessels
Vessels generally carry between 20 and 250 migrants The types and conditions of the vessels introduce other
problemsHealth Safety
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DETECTION IN THE BAHAMAS Majority of detections are in the southern Bahama Islands around Inagua, Mayaguana, the Exuma chain Most detected illegal immigrants are Haitians and Cubans
Source: Mappery.com
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Royal Bahamas Defence Force Patrol Vessels
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GROUP OF ILLEGAL MIGRANTS INTERCEPTED IN BAHAMIAN WATERS
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SCREENING 14 persons from relevant agencies trained on UNHCR
standards
In keeping with UNHCR Protocols, migrants are careful screened by trained Immigration Officers, which includes interviews
The interviews are then reviewed by a trained non constituted panel of officers trained on UNHCR standards, for a decision on whether their cases are seemingly legitimate
Final recommendations are put to the Executive Branch of Government to ascertain whether The Bahamas will afford the potential asylum seeker protection in The Bahamas
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TRAFFICKING IN PERSON (TIP) The Bahamas has become a transit area for persons clandestinely migrating to the
United States, particularly economic immigrants from Haiti and Cuba In 2011, the Government established Inter-Ministry Committee on Trafficking in
Persons (TIP Committee) The TIP Committee makes policy recommendations to the Government to
strengthen national initiatives to prevent, suppress and punish trafficking in persons.
The TIP Committee comprises senior Government officials from the Ministries of National Security, Foreign Affairs, Finance, Social Services, and Health and, Office of the Attorney General and Ministry of Legal Affairs, Royal Bahamas Police Force Royal Bahamas Defence Force Departments of Immigration and Customs, NGOs and faith-based organizations are invited to participate in the work of the
CommitteeThe Trafficking in Persons Task Force (TIP Task Force) was established in March
2012, as an operational body to address trafficking in persons cases, from the identification of a victim to the prosecution of an alleged trafficker.
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BEST PRACTICES The Bahamas found several methods successful in detecting and
capturing illegal migrants at sea Anticipation- Bahamian authorities anticipate an influx of irregular
migration during certain times of the year, i.e. Christmas, and other holidays, and conflict and hardships in the country. During those times of the year, Immigration authorities increase patrol vessels;
Recent placement of Defense Force plane on the southern island of Inagua;
The use of “spotter” airplane to determine location of migrate vessels, prior to deploying patrol vessels to intercept them
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Cooperation and Coordination in the Caribbean
Comprehensive Maritime Agreement
The Bahamas and Cuba Territorial Delimitation Agreement
Caribbean Basin Security Initiative (CBSI)
CARICOM Implementation Agency for Crime and Security (IMPACS)
Memorandum of Understanding between International Organisation for Migration (IOM), the Caribbean Community (CARICOM)
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Bahamas-USA Bilateral Comprehensive Maritime Agreement
Agreement between The Government of The Bahamas and the United States which permits, in part, that U.S Coast Guard vessels to patrol the waters of The Bahamas in an effort to increase maritime security between the two Countries.
If vessels are captured in Bahamian waters, the U.S. must determine if the vessels bear any connection to The Bahamas, i.e. Bahamians on board Boat registered in The Bahamas
Operation Bahamas Turks and Caicos (OPBAT)
Joint Cooperation between The Bahamas, Turks and Caicos, and the United States
The U.S. regularly assist with: prosecuting human smuggling, irregular immigration detection and interdiction search and rescue cases throughout Bahamian
waters and the surrounding high seas.
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The Bahamas and Cuba Territorial Delimitation Agreement
October 2011 The Bahamas and the Republic of Cuba signed an Agreement delimiting their maritime boundaries, after almost 40 years of negotiations.
This Agreement now allows better monitoring and surveillance of The Bahamas Cuba border.
The Bahamas and Cuba Territorial Delimitation Agreement
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Caribbean Basin Security Initiative (CBSI) CBSI brings all members of the Caribbean Community (CARICOM) and the Dominican Republic,
to collaborate on regional security with the United States as a partner. The United States is making a significant contribution to CBSI, committing $203 million in funding for the first three years of the initiative which began in 2010
Objectives to deal with the threats facing the Caribbean: Substantially Reduce Illicit Trafficking: through programs ranging from counternarcotics to reducing the
flow of illegal arms/light weapons. Increase Public Safety and Security: through programs ranging from reducing crime and violence to
improving border security. Promote Social Justice: through programs designed to promote justice sector reform, combat
government corruption, and assist vulnerable populations at risk of recruitment into criminal organizations
Source: U.S . Department of State
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CARICOM Implementation Agency for Crime and Security (IMPACS) The Agency is the centre of the Region’s new multilateral Crime and Security
management architecture, specifically designed to administer a collective response to the Crime and Security priorities of Member States.
Some of the main functions include: Migration data collection, and sharing for security purposes through the
Regional Advance Passenger Information System (APIS); The implementation of actions agreed by the Council relating to crime and
security; Advising the Council on appropriate regional responses to Crime and Security
arrangements on the basis of research and analysis; Mobilizing resources in support of the regional Crime and Security agenda and
negotiation of technical assistance; The collaboration and co-ordination with national and international crime
prevention and control agencies to determine trends, methodologies and strategies for crime prevention and enhancing security for the Community.
Source: http://www.caricomimpacs.org
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MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL ORGANISATION FOR MIGRATION (IOM) AND THE CARIBBEAN COMMUNITY (CARICOM)
The International Organisation for Migration (IOM) and the Caribbean Community (CARICOM) signed a Memorandum of Understanding (MOU) pledging closer cooperation in activities related to migration.
The two Organizations agreed to focus on cooperation and joint efforts, including: Technical cooperation and capacity building on migration; Mutual assistance in activities related to migration management best
practices, migration, development and human rights of migrants; Dissemination of information; and Joint participation in programmes in pursuit of the common interest of IOM
and CARICOM.
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MAJOR CHALLENGES Insufficient Human Resources in the forms of Immigration, investigation and
Enforcement Officers; The Border Patrol authorities lack sufficient patrol vessels; The Bahamas large territory of water; OPBAT helicopters were removed due to U.S budget constraints. Local small craft ferry migrants from smuggler’s vessels offshore to land Mixed Migratory Flows
Asylum Seekers Economic Migrants Trafficking in Person victims The authorities must deal with different types of migrants in different
capacity, which significantly extend the resources of the Country.
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MAJOR CHALLENGES CONT’D
Mixed Migratory Flows Asylum Seekers Economic Migrants Trafficking in Person victims The authorities must deal with different types of migrants in different
capacity, which significantly extend the resources of the Country.
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The Way Forward
The way forward in decreasing the illegal flow of migrants by way of the maritime environment will require: the continued tightening up of security via sustained air
and sea patrols with the assistance of bases established along strategic checkpoints to facilitate patrol efforts
The stemming of migrant smuggling will also require enhanced cooperation between affected nations through effective information sharing, effective communication networks, and joint operations, all of which are being addressed
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CONCLUSION
Illegal migration is expected to remain at high levels as long as home countries of undocumented migrants continue to experience political, economic and social instability. With the Bahamas lying between the world’s wealthiest nation and both the Hemisphere’s most impoverished nation, Haiti, and the Hemisphere’s only communist nation, Cuba, The Bahamas will continue to be a natural bridge for the fulfillment of dreams and aspirations of many migrants, who seek to gain entrance into the United States.