Migration

A legal dilemma often presents itself to officials who come into the presence of families who are both a mix of legal and illegal family members living in the same country. We encountered this a few times in our own legal consulting to refugees who came into contact with us in Canada. The International Herald Tribune decided this past week to discuss the issue regarding Ireland, focusing on a young Irish lad, George-Jordan Dimbo who was born in Ireland and became a citizen due to his place of birth, but is a son of illegal migrants from Nigeria. George-Jordan only ever knew an Irish life, but may “return” to Nigeria for the first time.

Ireland has always been seen as a country which has traditionally emigrated many of its citizenry, but in the last few years Ireland has become one of the most innovative an successful economies in the EU. As a result immigration has boomed, with an estimated 11% of the Irish populations being immigrants and masses of other EU and non-EU individuals going there to work, learn English and make a life on the Emerald Isle.

How does a new Ireland of immigrants handle these new dilemmas? In the event where such families exist in the Canadian system as the Dimbo family do in Ireland, the government must consider the best interests of the child. While the people born in Canada or Ireland a few years ago were considered automatic citizens, it did not mean that the child would stay in the country. If there were no chance of harm to the child they would return to their parent’s country of origin with their main caregiver, but have the right to return an Irish or Canadian citizen when they wish or stay with legal citizens in Canada or Ireland. The parents however would be permanently removed from the country without much recourse, and to stop the whole family being deported it must be proven that the rights of the new citizen and a move would harm the social and emotional development of the child, something which is not commonly done in the Canadian system and may not have precedent in Ireland.

So for the next St.Patrick’s Day, celebrated all around the world it would be proper to ponder the fact that the world has come to Ireland to celebrate many other festivals in the streets of Dublin. Some of these people will get to stay, and others will go but time and precedents in Irish society and courts may produce a more equal solution than how the Irish were treated as immigrants a long time ago. Over time Ireland may develop policies out of an Emigrant Nation in contrast to how the rest of the EU is turning to reverse many past open policies towards immigration. Until then, Cheers..

This week’s look at migration headlines from around the world features a critical look at France’s new quota regulations, a dilemma for policy-makers in Ireland, close scrutiny of migrant treatment by the justice system in the US and new challenges ahead for Germany’s integration policy.

• Reporting from Dublin, Jason DeParle of the New York Times examines the situation for Irish-born children of illegal migrants. Similarly to US cases we chronicled on the pages of this blog in 2007, Ireland is now debating how to deal with families in which the child is a legal resident and citizen, while the parents face deportation under changing legal frameworks.
• The Economist highlights how immigrants to the US are spreading throughout the country, rather than congregate in certain areas that once drew migrants like flies. Referencing a new book by Princeton’s Doug Massey, the Lexington column goes on to explain that much of this dispersal can be attributed to demographic shifts, the tightening of California borders and the restructuring of the US economy. For those interested, the Migration Policy Institute has compiled various indices of migrant’s global spread to urban center  as well as a search function to locate where certain groups are settling in the continental US.
• Analysts in France are watching immigration minister Brice Hortefeux’s recent moves with worry: in early February, he introduced proposals for quota regulations for would-be migrants, to be based first on skill level in line with France’s economic needs. Hortefeux left the door open on extending quotas to ensure a “geographical mix”, which critics point out could further exacerbate what is already being perceived as a racist immigration policy. In the meantime, Hortefeux has had to defend his policies against the accusation of racism with respect to expulsion practices. Following electoral promises, the country has set itself the (arbitrary) goal of deporting 25,000 illegals by the end of the year. Here, sources report, authorities are being highly selective: while Filipino cleaning ladies get to stay, African visa-overstayers must leave. More than a few eyebrows have been raised…
• We recently featured a longer piece about the inability for younger migrants to find a place for themselves in Germany society due to the structural inefficacies in the country’s education system. A recent article in the International Herald Tribune underlines that the German economy might soon be facing another problem: immigrant pensioners. The so-called guestworkers that came to the country in the 50s and 60s to help rebuild the economy never went back, as originally expected, instead, they are looking to claim their pensions here and find appropriate living spaces that cater to their specific needs, be it bilingual care-givers, or halal cuisine to coform to religious standards. Smart entrepreneurs will jump on the opportunity of creating a service industry tailored to these requirements, but, as the author points out, society as a whole is largely unprepared to address the issue. In France, the question of identity has been addressed more vocally by the pensioner community: What, if anything, do they  owe to their home country? Shifting attitudes are the sign of an integrated second and third generation, as discussed in this article from the fall of 2006.
• The UN has criticized the US for continuous racial discrimination in the criminal justice system, the Associated Press reports. Human rights experts attested that since 9/11 “immigrants and refugee communities in the United States have been subjected … to a range of systematic human rights violations directed by the federal government, local county and state governments, law enforcement agents, employers and private actors.”
• The International Organization for Migration has published a new report on the effects of climate change on migratory patterns.  Thousands lost their home after the Tsunami in 2005 and the erosion of natural resources in many countries will displace people gradually over time. This study looks at future scenerios, action plans and possible remedies.

This week’s news roundup features stories on a new wave of highly-skilled migrants in newly developed countries, an update on the US’ current most prominent immigrant activist and a look at how remittances are impacting the global economy:

• The New York Times features an article on the mobility of skilled and highly-qualified migrants, who now constitute 69% of global workers on the move. Increasingly, Westerners are moving to former developing countries as new career possibilities emerge in sectors that have long since become established and in some cases less lucrative in their own societies.
• Illegal immigrant Elvira Arellano, who has become a symbol of the immigrant rights movement has been deported to Mexico, after weeks spent in refuge in a Chicago church. There she protested her deportation and separation from her US-born son. Arellano’s story is just one of the many similar fates we have chronicled in the pages of this blog. A can watch a local CBS report on her situation by clicking on this link.
• Again, tragic news from the Canary Islands. Der SPIEGEL reports that another 10 would-be migrants have died off the coast of Spain. Authorities brought 15 refugees to safety, who reported that they had to throw ten bodies - among them two children - overboard, when their fellow passengers died as a consequence of starvation, dehydration and overall exhaustion.
• The Economist covers the plight of many Zimbabwean migrants in South Africa. Over 3m Zimbabweans are thought to have left their homeland (out of a population of 13m), most of them for South Africa. Many are fleeing for purely economic reasons, as Zimbabwe struggles with an 80% unemployment rate - others are political refugees, their bodies covered with signs of torture. South Africa, so the journal reports, is struggling to accomodate the thousands of migrants, which have made it across the border over the past months and problems are set to rise, as a key river bed, which used to deter migrants from risking the trip has now run dry, facilitating illegal border crossings. <>
• <>Remittances have been back in the news recently. Over on the FPA’s Mexico blog, our fellow blogger Rohini Gupta reports that Mexican migrants seem to be sending home less money than in previous years. We featured a similar story a few weeks back. The International Herald Tribune took a closer look at the global impact of remittances, which “are larger than direct foreign investment in Mexico, tea exports in Sri Lanka, tourism revenue in Morocco, and revenue from the Suez Canal in Egypt,” according to World Bank economist Dilip Ratha.
• While most of Europe faces a dramatic demographic downturn, which will put a squeeze on established pension systems, Ireland is looking at a population boom, partially due to the country’s economic growth, partially due to a larger number of migrants over the past few years. Thus, the country has been increasing its integration efforts, as the International Herald Tribune reports.

The US Senate’s failure to move the compromise bill on immigration reform forward has dominated headlines over the past few days. Meanwhile, the election of the first black mayor in Ireland is being heralded as a success of that country’s integration policies. As Portugal takes over the rotating EU Council Presidency from Germany for the next six months, the European Council of Refugees and Exiles highlights a number of priorities, including the creation of a pan-European asylum system.

• The Economist summarizes the proposed US immigration bill and the political arguments that ultimately led to its failure.
• Randal Archibold of the NYT visited US migrants as the news broke to gather their impressions. His five-page article vividly proves why the current legal situation is unsatisfactory, and endangers the lives and livelihoods of many thousands of migrants living, working and contributing to the US economy in all 50 States today.
• The first black mayor in Ireland is heralding his election as a proof of how well European societies can adapt to rapid flows of migration, the Guardian reports. Rotimi Adebari, who arrived in Ireland as an asylum seeker seven years ago and had difficulties finding employment in the first few years, was elected mayor ofPortlaoise, backed by established parties, including Fine Gael and Sinn Féin councilors.
•  Another migrant vessel sank between Libya and Malta this weekend, killing at least 20 would-be immigrants. German newspaper, the Frankfurter Rundschau, is reporting that the Italian government has reacted and presented a new immigration law to curtail immigration but de-criminalize the attempt to land on Italian shore. Romano Prodi’s coalition government is also proposing to get rid of the obligatory language test introduced by the previous conservative government under Silvio Berlusconi. Instead, the new law introduces the concept of “sponsors” which commit themselves to guaranteeing a job or financial support to allow a new migrant legal status. In addition, the government wants to end the mandatory detention of illegal immigrants. Only violent or uncooperative migrants are to be detained in the future and financial aid offered to facilitate the return of those migrants not accorded the temporary right to stay. The opposition led by Berlusconi has announced to fight this new legal proposal. We will cover this story and add English links as soon as they become available.
• The European Council on Refugees and Exiles has published its memorandum to the Portuguese EU Presidency, recalling the priorities toward creating a Common European Asylum System by 2010.