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Minister Goodale: Immigrant Detainees Are Running Out Of Time

Late on Tuesday afternoon, minister Goodale -- or likely his staff -- issued a press release that appears as a blog on the Huffington Post Canada. In it, the minister says he has heard the concerns and is working swiftly to remedy the problem -- but he just needs more time. Yet, under his watch as minister of public safety, three people have died in immigration detention in the last five months. This is a tragedy and a political crisis. These three, Francisco Romero Astorga, Melkioro Gahungu and an unidentified man, all ran out of time. And so has the minister.
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Sebastien Bergeron via Getty Images
Two hands asking for help in a prison cell.

Over 50 black and brown men have been on a hunger strike since July 11 protesting their inhumane separation from their families. The hunger strikers have three simple demands: (1) to meet with Minister of Public Safety Ralph Goodale, to (2) end indefinite detention and replace it with limited 90-day detentions, and (3) an end to maximum-security imprisonment of immigration detainees.

Late on Tuesday afternoon, minister Goodale -- or likely his staff -- issued a press release that appears as a blog on the Huffington Post Canada.

In it, the minister says he has heard the concerns and is working swiftly to remedy the problem -- but he just needs more time. Yet, under his watch as minister of public safety, three people have died in immigration detention in the last five months. This is a tragedy and a political crisis. These three, Francisco Romero Astorga, Melkioro Gahungu and an unidentified man, all ran out of time. And so has the minister.

Not only are the issues urgent, but if minister Goodale's blog is any indication, he is getting incorrect advice from Harper-era staff. As a result he has placed his name on a statement full of misrepresentations and myths. It is essential that the minister meet with detainees immediately in order to witness their conditions. These detainees are his legal responsibility. As they head into their second week of fasting, they do not have much time, either.

The minister is being told that these hearings are transparent and subject to review. They are not.

Minister Goodale -- or likely his staff under advice from the Canada Border Services Agency -- justify the treatment of detainees by saying that immigration detentions only happen when an individual "cannot be identified with certainty, is a flight risk or threatens the safety of Canadians."

The question of identity, flight risk or a threat to Canadian safety is determined at a detention review hearing conducted by a board member of the Immigration Refugee Board (IRB). The minister is being told that these hearings are transparent and subject to review. They are not.

As my research with the End Immigration Detention Network has shown, release rates at detention review in Ontario are nine per cent, while release rates for the rest of the country are 25.5 per cent. IRB board members release rates vary from five per cent to 38 per cent. A detainee's chance of being released or jailed after being deemed a flight risk, security threat or having uncertain identity is based not on their circumstance, but where in the country they are jailed and which board member they appear in front of.

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Ralph Goodale, now minister of public safety, speaks to journalists in the foyer of the House of Commons on Parliament Hill, Ottawa in 2010. (Photo: REUTERS/Chris Wattie)

Once detained at a detention review by a board member -- who is neither a lawyer nor a judge -- one cannot have their full case heard in an actual court, ever. The case is almost impossible to bring to an actual judge, and these decisions are happening almost exclusively outside the courts.

Minister Goodale is being told that these detention reviews are independent. But lawyers for the Ministry of Public Safety are the ones contesting release. The minister has the power to instruct them to stop arguing against ending detentions of men who have been jailed for over three months, in some cases for five years, and finally bring Canada's immigration detention system up to modern international human rights standards. This is an easy, zero-cost, immediate fix.

In issuing an opinion against Canada's immigration detention system, the United Nations wrote that "the inability of a State party to carry out the expulsion of an individual does not justify detention beyond the shortest period of time... and under no circumstances indefinite detention." Canada, following best practices internationally, can and should impose a limit. If someone cannot be deported within 90 days, they must be released. This is a first step to ending immigration detention.

Minister Goodale, go to Ontario and meet with the hunger striking detainees immediately. See for yourself how utterly and incredibly inhumane immigration detention is.

With a 90-day limit, the vast number of detentions in maximum security prisons will simply end -- no need to build expensive new facilities that the minister is being told to insist upon. No need for other costly alternatives that continue the legacy of these human rights violations.

The minister must firmly reject the Harper-era idea of "electronic surveillance." Putting ankle bracelets on detainees and having a private company monitor immigration detainees in community is not only expensive, it's a creeping in of U.S.-style private prison policies that have already failed.

The minister is putting his name onto a list of justifications and possible proposals that have been debunked many years ago. When it comes to honouring the human rights and dignity of these immigrant detainees, he is getting bad advice from his staff. And this bad advice continues to prolong the suffering and, at times, cause the death of immigrant detainees.

Minister Goodale, go to Ontario and meet with the hunger striking detainees immediately. See for yourself how utterly and incredibly inhumane immigration detention is. The detainees who are starving not just for themselves -- as your staff keep insisting -- but for reforms within the immigration system. Act now before more people die.

Minister Goodale, do the right thing. You can end the deaths. All you have to do is do it.

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Countries With The Most Immigrants: 24/7 Wall St.
8. Canada(01 of08)
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> Immigrants: 7.3 million> Pct of population: 20.7%> GDP (PPP) per capita 2012: $42,734> Gov’t immigration goals: MaintainCurrently, 7.3 million immigrants live in Canada, equivalent to more than 20% of the nation’s total population. As 2011, the Canadian government was one of the few to propose policies that would increase the level of immigration for the purpose of family unification. The level of immigration, more generally, was considered satisfactory in the same year, according to the U.N. In spite of Canada’s exceptionally liberal immigration policies, there has been concern recently over whether Canada’s immigrants are successfully integrating into society. To avoid the potential social tension that could arise from a growing economic difference between immigrants and locals, the Canadian government has restructured its screening process to emphasize factors such as job skills and language fluency.Read more at 24/7 Wall St. (credit:Shutterstock)
7. France(02 of08)
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> Immigrants: 7.4 million> Pct of population: 11.6%> GDP (PPP) per capita 2012: $35,548> Gov’t immigration goals: DecreaseJust 11.6% or France’s roughly 65 million residents are international migrants. According to the U.N. Population division, while the French government promoted some policies aimed at attracting skilled immigrants as of 2011, the governments overall attitude toward immigration was generally negative. As a member of the European Union, France is obligated to support the free movement of EU nationals between the EU nations. In recent years, however, the European Commission has criticized the French government for expelling Roma, popularly called Gypsies, from the country. France’s existing immigrant population is older, with nearly 20% at least 65 years of age, compared to just 11.1% globally.Read more at 24/7 Wall St. (credit:AP)
6. United Kingdom(03 of08)
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> Immigrants: 7.8 million> Pct of population: 12.4%> GDP (PPP) per capita 2012: $36,941> Gov’t immigration goals: DecreaseAbout 7.8 million million immigrants live in the U.K., up from just under 6.5 million as of 2010. This is despite the U.K. government’s view, as of 2011, that the large influx of foreigners to the country was somewhat of a problem. The government’s policies intended to lower the level of immigration to the country, including high-skilled workers immigration. Only one of the world’s eight largest destinations for immigrants, the United Arab Emirates, had a higher average annual increase in immigration that exceeded the U.K.’s 4.0%. Although the country’s aging population may actually signal a necessity for more immigrants, British Prime Minister David Cameron has stated that immigration has strained the nation’s public services.Read more at 24/7 Wall St. (credit:Flickr:Elizabeth Gilbert)
5. United Arab Emirates(04 of08)
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> Immigrants: 7.8 million> Pct of population: 83.7%> GDP (PPP) per capita 2012: $49,012> Gov’t immigration goals: DecreaseA stunning 83.7% of UAE residents are international migrants the most of any country in the world, excluding only Vatican City. Between 2010 and 2013, the emirates let in more than 4.5 million migrant workers, more than any other nation in the world. The UAE is able to attract workers to come there because the country is extremely wealthy, with an economy driven by oil and finance. As of 2012, the nation’s per capita GDP exceeded $49,000, on-par with that of the U.S. But despite the nation’s appeal for immigrants, the UAE’s government as of 2011 considered immigration to be too high. Additionally, the country has been criticized for the poor living and working conditions faced by many migrant workers.Read more at 24/7 Wall St. (credit:Shutterstock)
4. Saudi Arabia(05 of08)
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> Immigrants: 9.1 million> Pct of population: 31.4%> GDP (PPP) per capita 2012: $31,275> Gov’t immigration goals: DecreaseNearly one-third of Saudi Arabia’s population consists of immigrants, while between 2000 and 2013 the number of immigrants rose by an annual average of 4.2% per year, higher than most other nations. Between 2010 and 2013 alone, the number of immigrants to Saudi Arabia rose 24.3% As of 2011, the Saudi Arabian government regarded the overall level of legal immigration as too high and implemented policies to reduce immigration, according to the UN had. Similarly, the government’s policies on the naturalization of immigrants were also considered restrictive. Recent news reports suggest immigration policy in Saudi Arabia has only become more restrictive with new measures implemented to prevent undocumented workers from finding employment.Read more at 24/7 Wall St. (credit:Getty Images)
3. Germany(06 of08)
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> Immigrants: 9.8 million> Pct of population: 11.9%> GDP (PPP) per capita 2012: $39,028> Gov’t immigration goals: MaintainGermany, one of the world’s largest economies, is a popular destination for immigrants. Its well-developed infrastructure and top-rate higher education only add to its attraction. Just under 10 milllion of the country’s 82 million residents are immigrants. As of 2011, Germany’s policies reflected approval of the country’s rate of immigration. In 2012, with the eurozone crisis still unabated, a growing number of young workers immigrated from southern Europe to Germany. But Germany has openly recruited high skilled-workers to live and work in the country permanently, especially as the country’s population ages and shrinks, according to Der Spiegel. Unfortunately, many such workers fail to stay for even as little as a year, and since 2010 the number of immigrants to Germany has actually dropped.Read more at 24/7 Wall St. (credit:AP)
2. Russian Federation(07 of08)
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> Immigrants: 11.0 million> Pct of population: 7.7%> GDP (PPP) per capita 2012: $17,709> Gov’t immigration goals: IncreaseMore than 12 million immigrants lived in Russia in 2010 and the Russian government was among the few seeking to increase the number of foreigners entering the country. In 2011, the country’s government viewed immigration as too low and oriented its policies towards increasing immigration. However, these policies have failed to attract more net immigrants: as of this year, there are just over 11 million immigrants living in Russia, a decrease of roughly 10% from 2010. Local authorities have not embraced the prospect of single-ethnicity communities for Chinese, Uzbeks, Tajiks and other ethnic groups in Russia ,and have even sought to ban them in some cases, hoping instead to promote integration into Russian society.Read more at 24/7 Wall St. (credit:Shutterstock)
1. United States Of America(08 of08)
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> Immigrants: 45.8 million> Pct of population: 14.3%> GDP (PPP) per capita 2012: $49,922> Gov’t immigration goals: MaintainThe U.S. is by far the largest destination for immigrants, with more than 45.7 million living in the country, according to the UN. As of 2011, the U.S. government’s policies toward both immigration and emigration remained effectively neutral. However, immigration reform has been especially prominent in Congress this year. This reform is expected to address issues related to illegal immigration, while determining how, and whether, undocumented immigrants should be able to attain citizenship. Considering the U.S. has one the highest per capita GDPs in the world, at nearly $50,000, its appeal to immigrants is fairly straightforward. It is the world’s largest economy, as measured by output, and has the second largest total exports. Also, the U.S. offers well-developed infrastructure and financial markets, as well as quality education.Read more at 24/7 Wall St. (credit:Flickr:Ayolt de Roos)
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