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.

Apologies for an extended absence, but this blog author has been applying to grad school (yet again) to pursue a degree in comparative migration policies. As such, I have been thinking about related issues for a number of weeks and thought I would share some of my recent writing. Please find one of my essays below:

More than 82 million people live in Germany – 19% of these have a migrant background (Migrationshintegrund). These figures imply that nearly every fifth banker, teacher, baker, engineer and manager is of immigrant descent. Even a superficial look at the German social landscape reveals that this is not the case. Structural discrimination in-built in the German education system prevents this from happening.

The German government has recently invested an undisclosed amount in an advertising campaign to raise the profile of migrants and their contribution to the German economy. In the speech launching the new initiative, the High Secretary for Integration pointed to US statistics proving that diversified companies far outperformed their peers on the stock market. She also underlined that an EU study had shown that SMEs were losing up to 11% of their export-oriented business, because they failed to bridge linguistic and cultural gaps. Thus, her argument went, migrants in Germany needed to be seen as an asset, their bicultural knowledge and understanding giving the country as a whole the tools it needed to succeed in a globalized world.

But for the 188,000 unemployed migrants between the ages of 18 and 35 in Germany (by far the largest group), the picture is quite different. Recent studies have shown, that many of the unemployed, young migrants fail job interviews because of their German language skills. Nor do most of these youths speak their native languages fluently, and often have only a rudimentary knowledge of their mother tongue’s grammar and spelling. Three quarters of the young Turkish immigrant population in Germany were educated in the lowest tiers of the three-tiered German school system, and were not offered additional linguistic coaching as children, a pan-European comparison has recently highlighted. In addition, the OECD’s PISA tests revealed that second generation migrant students in Germany had the poorest comparative reading and language skills of all countries surveyed. Almost three times as many migrant children are school dropouts, and 40% receive the lowest possible secondary degree, graduating after nine years of formal education. Only 10% go on to earn a high school degree, while more than a quarter of the Germans do. The country’s industry associations have been calling on the government to remedy this situation, as these structural inefficiencies translate into a second generation of “economic deadweight” in the German labor market.

Germany is failing to “make use of the biculturalism of its migrant population” as the minister argued, because the majority of the younger generation does not have the full command of both their native and the German language and is hampered by structural problems in the education system. This, in turn hampers mobility, which is one of the four freedoms of the European Union and a clear advantage of globalization.

A look across the border proves the advantages Germany could reap from introducing enhanced language education: A study examining the Danish situation proved that contrary to public belief, bilingual education helps students integrate quicker into their host country and learn Danish faster. Sweden has proven that the combination of special instruction in the host language coupled with 3-hour language classes in immigrants’ native language from pre-school onward enhances academic performance and later facilitates education and training.

Instead of investing in superficial advertising campaigns and creating business competitions on diversity management that offer cash prizes - as is the case in the government’s most recent campaign - it should re-invest these funds into strategic partnerships with businesses, based on already existing formulas toward enhancing early-childhood education in Germany (i.e. the so-called Wissensfabrik). These could finance specialized teacher training for German-as-a-second-language and the introduction of bilingual language training (Turkish and Italian first) into the pre- and primary school curricula.

Businesses have a vested interest in investing in such an initiative: The looming demographic crisis in Germany dictates that the country cannot afford to turn out graduates with insufficient skills. DaimlerBenz, Deutsche Bank and others have issued public statements on the value-added that diversity and bilingualism brings to their companies, from the factory floor to the management level. The advantages of multi-lingual employees and the importance that diversity has in attracting and retaining employees have been proven in a number of EU and OECD studies. These type of initiatives will undoubtedly take time, but they require a first step, a declaration of ownership and commitment to remedying the problem by designating funds, creating local, innovative partnerships toward developing best practice and extending these models across the entire country over time.

Numerous stories are crossing the wires today about the erosion of the fish population off the European and African coasts. The pace at which industrial trawlers, mostly from EU member states, where fishing - like agricultural activity - is subsidized, has put the survival of entire species at peril. In September, the European Union ordered fishers haul in their nets on bluefin tuna, citing the exaustion of quotas. Fisheries had long been one of the most contested areas of the Common Agricultural Policy, so much so, that upon enlargement a separate Directorate General was created to deal only in matters of access rights to territorial waters, fishing quotas and sustainibility levels.

Consumer economics is driving the demand for fish. As many start opting for the “chicken of the sea” and its scaly counterparts for health reasons, global turnover rises. It now amounts to more than 100 million tons each year. Europe has suddenly become the world’s largest market for fish, each year worth more than €14 billion. And as appetites grow, native fish populations are declining. Europe alone is now importing half of the fish consumed on its shores, including from countries in the developing world. Still, supply cannot meet demand: Enter the flourishing black market in seafood.

What, do you ask, does any of this have to do with migration? Well, let’s see: Those best equipped to compete in a shrinking market, in which the commodity at stake is a limited natural resource are leaders in their field, i.e. industrial trawling companies, not the simple dingies available to the average Mauritanian fisherman. As the industry moves South to follow the flock, African countries have been able to squeeze a tidy sum out of the European Union in negotiations on fishing deals, often disregarding the needs of their own populations. Foreign fleets now far outnumber African counterparts in coastal waters off of Senegal and Mauritania. This, in turn, has forced many African fisherman and their wares onto the thriving black market - or pushed them out of the business completely. As the International Herald Tribune’s Sharon LaFraniere reports, many of these are literally abandoning ship in an attempt to carve out a better life for themselves in Europe. Indirectly, the EU is responsible for their loss of livelihood and now they are trying to recapture a life lost by attempting to cross treacherous open waters, often in hope of returning to the only profession they know:

“I could be a fisherman there,” he said. “Life is better there. There are no fish in the sea here anymore,” the article quotes Ale Nodye, a third generation fisherman and returned illegal immigrant from Senegal.

These stories vividly prove how the erosion of sovereignty, or renegotiation of maritime boundaries can spell economic gain for a select few and hardship for those left behind. It’s a story from the globalization picture book. The European Union cannot continue to preach a commitment to combatting the “root causes” of migration in the home countries, while supporting existing policies that make economic migration the only plausible solution for many of those left without means to subsist. If the EU fails to tackle these issues simultaneously, it will again be embroiled in a viscious cycle of useless policies at an extremly high price tag.

The often unanalyzed result of migration 50 to 100 years after the fact often is taken as a study in Genealogy as opposed to a study in immigration, but if you had the opportunity to bring some attention to the issue, how would you go about getting people’s attention?

The obvious approach would be to get someone famous, such as the lead singer Steven Page of The Barenaked Ladies, and bring him to the city of his birth and help him trace back his family roots and air it on national television.

In the show Who Do You Think You Are? Aired on the Canadian Broadcast Corporation on December 26th this journey of the Page family was taken. Steven discovered that his family were originally from Poland/Russia and came to live in Toronto, Canada in the early half of the 20th Century. His investigation with the help of local historians, his family and the community in Poland where his family was originally from helped him find out more about his heritage, including the realization that his Grandfather was one of the first recorded Hasidic singers in Canada and finding the last traces of his family and why they left Poland in the first place.

Like Steven’s family, many Jewish people left the region of Poland/Russia at the turn of the century due to unequal treatment and Pogroms, which were attacks and killing of members of the Jewish community in Eastern Europe by local officials at random over accusations which sought to tie the alienated Jewish community towards crimes against society and state at the time. Many of the people who left at the time make up the majority of the Jewish community in North and South America, as well as a large portion of Jewish people worldwide. This look into one migrant family from 100 years ago is very interesting for students of Genealogy, Immigration and individual families as a whole.

Europe circa 1900

Like Canada and Australia, Britain has sought the adoption of an immigration points system in order to limit the number of unskilled workers entering the UK and promote highly skilled workers coming in to support the British Economy. While this idea is a logical one, it often leads to dozens of smaller issues which while limits the number of low-income immigrants, also makes life fairly intolerable in the process.

While not on a points system, the City of New York has set out to conquer an issue which is also prominent in cities like Toronto, Canada. New York has always had an issue with illegal immigrants being victims of unreported crimes because upon contacting legal officials, often the immigrant would be simultaneously placed into the removal process since they did not reside legally in New York and the US. In Toronto, while three years ago and prior to that police did not have powers to enforce immigration orders, since then they can now check someone’s legal status in Canada and detain them when responding to criminal investigations. The problem in immigrant cities like Toronto, is that due to the points system, people who used to come in as middle income workers often now come as illegal migrants. In Toronto as well as New York, immigrants not able to be personally secure because it will surely result in the end of their lives in their resident country.

Growing in great numbers due to its booming economy, the city of Calgary in Canada shows an example of how the lack of law enforcement for many illegals can lead to some undesirable situations. In the North-East part of the city, dozens of illegal Asian migrants were found working in an illegal brothel which takes advantage of many people in similar situations entering Canada without a proper legal status. Many similar organizations exist across the country, and due to the new police powers to enforce immigration rules, many more underground operations have the roots to keep them beyond the law.

The UK is likely to have many of these issues plaque their cities in the near future. While trying to crack down on immigration, there is a real threat that society as a whole will lose in the long run.

The weekly news roundup features critical views of the UK points system for highly-skilled migrants, a look at how Wester Union is dominating the remittances market across the world and a preview of France’s new immigration legislation released on November 22nd.
It is becoming ever more attractive to become a US citizen - at least that’s what the latest surge in citizenship applications seems to suggest. In fact, it’s less that naturalization has become more popular over the past months, it is more a combination of a fee increase earlier in the year, fear of new immigration legislation and confusion over green card applications that is causing the bureaucratic backlog that might take up to a year to clear, the New York Times reports.

• Agence France Presse has a stunning article about the tiny village Elinkine in Senegal that is profiting from the droves of illegal immigrants passing through the town to seek a passageway to Europe. In a mafia-type set up, local families profit from “facilitating” migrants’ journeys, i.e. housing them ahead of their departures, and - the article alledges - police pockets are equally fleeced for the same purpose.
• What has five times as many locations worldwide as McDonald’s, Starbucks, Burger King and Wal-Mart combined? Why, Western Union, of course. Powered by immigrant remittances around the globe, the once bankrupt telegraph and communications company now turns a USD 1 billion profit annually. Last year migrants sent home USD 300 billion,nearly three times the world’s foreign aid budgets combined, according to this New York Times article on Western Union.
• In an opinion piece for the Financial Times, Michael Skapinker notes that the new points system to evaluate highly-skilled migrants in the UK has its faults. Geared toward the university educated, well-earning individual, Skapinker fears the new system would keep out precisely those entrepreneurs needed in Great Britain today: the brilliant minds too impatient to sit it out in a classroom, i.e. the Bill Gates and Steve Jobs of this world.
• Also in last week’s FT, Gideon Rachmann ponders the realities of immigration today. He concludes that while economics can be spun both in favor of and against increased immigration flows, governments are likely to pursue restrictive policies. But, he notes that the populist arguments and general anti-immigration stance is losing force in the Western world, partially because: “Voters are more attached to the principles of an open society than the raw polling data on immigration suggest. It is certainly possible to crack down on legal and illegal immigration. But the necessary measures would often involve sacrificing freedom and convenience. You could have much tougher controls at borders - and even longer waiting-times at immigration control. (Forget just hopping on the Eurostar to Paris.) You could introduce identity cards in countries, such as the US and the Netherlands, that have long resisted them. You could bind employers in even more red tape. You could restrict people’s right to marry. You could arrange mass deportations of illegal immigrants and shut your eyes to the resulting injustices. Some combination of all of those measures probably would dramatically reduce immigration. But in the process you would risk creating countries that are not only less welcoming to immigrants. They would probably be much less palatable for native-born citizens as well.”
• France’s new, 65 article strong immigration and asylum legislation was revealed at the end of last week. While I have yet to read the full text, Le Monde offers an initial glimpse here, though again, introducing genetic testing for immigrant minors wishing to accede French territory as highlighted by the paper and detailed in article 13 is hardly new, given the debate on DNA testing an immigration a few months ago. We will cover these legal changes in a separate blog. Meanwhile, however, Jean-Claude Trichet, President of the European Central Bank and one of the prominent Frenchmen on the international stage has implicitly criticised the restrictive new immigration law, pointing to France’s longstanding history as a country of immigration.

Today I came across a poster which stopped me dead in my tracks. It showed a pictorial of a woman, dressed as a cleaning lady, wearing a mortaboard and carrying a diploma. Underneath it said: Migrantjob. A second look revealed that it was the product of Migrantas, an intiative launched by three Argentinian graphic designers, themselves migrants to Berlin.

Faced with the inability of many migrants to express the feelings of loss, separation, confusion, hostility but also relief, joy, and appreciation many feel upon arrival in their “new” home country, Migrantas developed a means to “combine tools from the social sciences, graphic design and the visual arts to create a reflection of the migrant condition.” The basis of their pictorial campaign are workshops in which migrants draw their experiences. These are transferred into striking pictorials, which have since become part of an exhibit in various German cities and most recently the public ad campaign in Hamburg. In addition to raising awareness, the workshops foster dialogue among migrants from different countries.

I think this campaign in particularly well done. It has been covered by a number of publications but deserves all the publicity it can get.

First off: We are back - after a long hiatus barred behind firewalls and various projects!

 In its October 29th issue, German news magazine, DER SPIEGEL (article is in English), reports on inhumane expulsion practices by Greek officials dealing with refugees along the country’s shores.

German refugee rights organization ProAsyl and the Greek Group of Lawyers for the Rights of Refugees and Asylum Seekers have issued a condemning report on the human rights violations that are apparently common practice in the refoulement of unwanted refugees and would be migrants in Agean Sea.

The report alledges the following:

“The Greek coast guard systematically maltreats newly arrived refugees. It tries to block their

All three of the detention camps visited by the delegation offer unacceptable living conditions.The circumstances of detention amount to degrading and inhuman treatment.”

ProAsyl and its supporting organizations, including the European Council for Refugees and Exiles, ECRE, are calling upon the EU to take rapid, punitive action against Greece, respective of the European Convention on Human Rights, the Geneva Convention on the Protection of Refugees and existing European Directives.

Read ProAsyl’s press release here (PDF).

Download the full report here.

In this week’s roundup - a look at Finland, as it tries to become a destination country for immigrants. Two personal stories that are causing politicians to critically reexamine Austria’s immigration legislation and a new report from UCSD that argues in favor of continued Mexican migration to the US to stem the adverse effects of a decline in the working population.

Looks like Frontex isn’t the magic solution after all. German papers are reporting that hundreds of migrants were rescued from the waters off the Italian island of Lampedusa over the past few days. Almost 600 mostly African migrants had been taken aboard coast guard and rescue vessels within 24 hours between Wednesday and Thursday evening of last week - more than 300 on Wednesday alone. A previous dip in the numbers of migrants seeking access to European territories from the Atlantik and Canary Islands had been attributed to closer surveillance of by EU border patrols, but numbers have been rising again over the past few weeks, particularly in the Eastern Mediterranean sea.

• A new report from the University of California San Diego argues that instead of closing borders to Mexican immigrants, the US needs to bring in more migrants to stem a looming demographic downturn that will pull at the purse strings of retirement funds, once the baby boomers leave their jobs in droves in the coming years. And immigration might not be the only solution, as fertility numbers among Mexican immigrants are also dropping.
• US Immigration and Customs Enforcement agents are coming under fire following a wave of raids against illegal immigrants in suburban New York, the New York Times reports.
• The electoral campaign of one of Switzerland’s largest parties has come under scrutiny for its racist undertones. A poster illustrating the party’s hardline stance in immigration shows a group of white sheep standing on a Swiss flag symbolically kicking a black sheep out of the country. The campaign has polarized a country, which prides itself on consensus policy-making. Over the weekend, sparks flew as left-wing protestors took to the street to demonstrate against the SVP campaign in the country’s capital, Bern.
• Two recent cases of immigrant family deportations have raised new questions about the controversial 2006 Austrian immigration law, which changed the provisions for residency.
• Finland is looking to become a destination country for highly-skilled migrants, the FT report, but has yet to develop a compelling strategy to attract the best and brightest it is looking for. It is hoped that these migrants will continue to power the R&D heavy side of the country’s high-tech companies. But just as needed are the semi-skilled, the nurses and caretakers of the elderly, just as much as the plumbers and metal workers. The government is looking to recruit workers primarly from neighboring countries, including Russia, but has had to acknowledge that the extreme degree of red tape involved in applying for residency and the country’s high taxes do not make for attractive prospects for would-be migrants. An attitude shift toward migrants may also be needed, as prejudices toward particularly Soviet migrants are still rife among Finnish employers, the article suggests.