The article discusses the possibility of an immigration amnesty program in Canada, which would allow certain groups of individuals living in the country illegally to become legal residents or citizens without facing penalties or punishment. The concept of immigration amnesty has been a controversial topic, with supporters arguing it's a fair and humane solution, while opponents argue it rewards individuals for breaking the law and may encourage more individuals to come to a country illegally. The author of the article mentions the past Adjustment of Status Program, which resulted in 39,000 individuals being granted status. The news of such a policy may raise the hopes of many and have the effect of encouraging illegal immigration. The author also mentions that any such program will likely be limited in scope and only allow regularization to those who can establish they are working in certain sectors. The author suggests that instead of a limited one-off program, the H&C (Humanitarian and Compassionate) program could be expanded to recognize certain workers in certain areas that have been in Canada for a certain number of years. There are no details yet and counsel should be prepared to deal with questions arising from a news article that is short on details and long on hope.
Amnesty for undocumented workers? A recent Toronto Star article may raise hopes for many such individuals and their family members here in Canada.
First off what is immigration amnesty? Immigration amnesty is a policy or law that allows certain groups of individuals who are living in a country illegally to become legal residents or citizens without facing penalties or punishment. This can include measures such as allowing individuals to apply for legal status, waiving certain penalties or fines, and providing a path to citizenship.
The concept of immigration amnesty has been a controversial topic in many countries, particularly in the United States, where the issue has been a contentious political issue for many years. Supporters of immigration amnesty argue that it is a fair and humane solution for individuals who are living in a country illegally through no fault of their own, and that it is a practical way to address the reality of large numbers of unauthorized immigrants living in a country. Canada has done limited amnesty programs in the past without too much furore.
Opponents of immigration amnesty argue that it rewards individuals for breaking the law, and that it may encourage more individuals to come to a country illegally in the hope that they too will eventually be granted amnesty. They argue that it will increase the number of illegal immigrants, and decrease the job opportunities for citizens or legal residents.
An amnesty may be a godsend to undocumented, hardworking migrants that deserve to come out from the shadows and live full lives free from exploitation as new members of the Canadian family. As the article notes, Canada has done this in the past. The Adjustment of Status Program (opened under the first Trudeau) resulted in 39,000 individuals being granted status (including some of my own relatives).
From the article:
- It is unclear how many undocumented workers could be granted permanent residency under the new program.
- Three experts consulted as part of the research process told the Star they believed the program would likely focus on workers in particular sectors, rather than taking a broader-based approach.
- Among MRN’s proposals are a moratorium on deportations and detentions and a free application process that can be easily completed without immigration advisors.
There will be a host of other consequences.
Even the news of such a policy will unrealistically raise the hopes of many outside Canada (economic migrants that don’t meet economic class eligibility and requirements). Unscrupulous agents will advertise and promote this apparent pathway to status, both inside Canada and outside.
It may have the effect of encouraging illegal immigration -individuals may be more likely to remain in Canada, underground, thinking that a route to status may open up in the future.
I can imagine that such a policy may antagonize those that are waiting their turn for status. There are hundreds of thousands of individuals waiting for their spouses/partners/children to join them here in Canada and those that have qualified and applied under an economic stream. They will understandably look askance at such a policy.
The reality is that any such program is going to be limited in scope. My sense is that it will only allow regularization to those that can establish that they are working in certain sectors, for a certain period of time.
My guess at the ideal/eligible candidate?
- Someone who has entered on their own passport and had valid status at the time of entry;
- A failed refugee claimant or a former temporary foreign worker working in a certain sector for over 2 years; and
- Obviously no criminality or other inadmissibility beyond non-compliance.
Instead of a limited, one off program, perhaps the H&C can simply be expanded to recognize certain workers in certain areas that have been in Canada for a certain number of years. However, this will truly turn the H&C into a separate/standalone immigration class. From the dissent in Kanthasamy:
[85] My colleague Justice Abella has considered the meaning of the phrase in question and I agree with much of what she says. With respect, however, I cannot agree with the test she proposes for granting relief under s. 25(1). The scheme of the IRPA and the intention of Parliament in enacting s. 25(1) and its predecessors all suggest that s. 25(1) is meant to provide a flexible — but exceptional — mechanism for relief. Giving it an overly broad interpretation risks creating a separate, freestanding immigration process, something Parliament clearly did not intend.
Perhaps we should consider granting status via H&C at the refugee hearing (if the claimant doesn't meet the refugee definition).
But expanding the H&C definition or inserting it into refugee determination will require legislative change.
There are no details yet. Hopefully we can get the policy details establishing the criteria and the window/time frame within which those eligible can apply. In the meantime, counsel should be prepared to deal with a deluge of questions arising from a news article that is short on details and long on hope.
Update: September 18, 2022 -- CBC Article on rallies being held to extend status to undocumented individuals.
Thousands of migrants and their supporters held rallies across Canadian cities on Sunday to call on Ottawa to extend permanent status to undocumented people.
There were also calls to swiftly implement an inclusive regularization program for undocumented migrants — a longstanding demand that advocates say appears closer than ever to becoming a reality based on recent moves by the federal Liberal government.
Syed Hussan, executive director of the Migrant Workers Alliance for Change, said it's an opportune moment for Ottawa to listen to his group's calls for more access to basic rights for undocumented people in Canada.
Another update: October 7, 2022 -- CBC Article -Ottawa working on program to regularize status for 500,000 immigrants
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