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House Statement by Immigration Minister and Member for Fox Hill, Hon. Fred Mitchell

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Communication
By Fred Mitchell MP
Minister for Immigration
House of Assembly
Nassau
9th February 2015

Mr. Speaker,

The press in The Bahamas have published two articles, one by Fred Smith Q C and the other by the Nassau Institute. Both statements published information which should not go unanswered lest the public accept the information therein as true and correct. They purport to describe the law and policies in The Bahamas as it relates to immigration. They go on to make assertions based on their statements of law which are incorrect.

The statements published by Fred Smith Q C on 3rd February in The Tribune and by the Nassau Institute in the Nassau Guardian on 6th February are replete with errors and untruths.

The Nassau Institute claims that the Immigration Department is implementing a revised policy to grant permits and charge fees for children born here to go to school.

That is false. No new fees are being introduced for immigration fees and there is no new policy as it relates to permission for non-nationals to go to school in The Bahamas. The fee remains the 100 dollars processing fee and 25 dollars for the issuance of the permit. The fee and the requirement for such a permit has not changed since the PLP took office in 2012.

The Institute also said: “The Department of Immigration recently raised work permit taxes for expatriate workers ( mainly professionals) to work in the private sector…”

That too is false. No news fees have been introduced for work permits since the PLP came to office in 2012.

The Nassau Institute also said: “ Work permits for foreigners to work for the government are issued without hesitation at the stroke of a pen…”

That too is false. There is no requirement in law for the employees of the government who are non-nationals to have a work permit.

The article also keeps speaking about people born in The Bahamas who they claim are left stateless. Stateless means that the children have no citizenship. With regard to the children of Haitians, the Haitian government has indicated that all children of Haitian citizens wherever born are Haitian at birth. So if that claim is being made with regard to those children, that too is false.

The Nassau Institute says that “ the inherent danger is when Immigration laws are subject to the whim of the minister, Fred Mitchell in this instance, instead of impartial law. The unintended consequences might be many as they are varied.”

Mr. Speaker, all laws are administered by some authority. They do not exist and apply themselves without human hands. The decisions of the Minster for Immigration are quasi- judicial and are not exercised according to whim but in accordance with known and established polices. The principle is that work permits are issued only in circumstances where Bahamians are not available for the jobs and the question of whether a Bahamian is or is not available for a job is certified and monitored by the Department of Labour. There is no whim of the Minister exercised in this matter.

Fred Smith Q C wrote the following:

“ [ The Minister] failed to identify any section of the Immigration or Education Act which makes the “ new Visa Rules” under the “ New Immigration Education Policy” lawful.

“The New Rules require children born in The Bahamas of foreign parents to get a student visa. In addition, the new November documentation policy is not sanctioned by any law either.”

With regard to children born to non-Bahamian parents, Mr. Smith wrote: “At 18, they are entitled to receive a Certificate of Registration as a citizen. Before then, they are “Citizens in Waiting”. They are not “stateless” as Fred Mitchell suggests…

Mr. Smith also says of the requirement for a permit to reside for children who are non-national: “The new immigration student visa policy conflicts with the Education Act… Minister Mitchell is acting ultra vires the Immigration Act, the Education Act and the Constitution.”

Mr. Speaker let me first repeat what I said at the Business Outlook Seminar on 29th January:

New rules are going to be introduced. For example, all schools will be asked to be sure that any foreign national in a Bahamian school has a student permit to be in The Bahamas as of the opening of the fall term. The annual permit costs 25 dollars with a 100 dollar processing fee and every non-national should have one, including those born here to non-national parents.

I said nothing about a student visa.

Secondly, I have never ever said or suggested that children born to non- Bahamian parents in The Bahamas are stateless. If Mr. Smith is referring to the children of Haitians born in The Bahamas, the government of Haiti has affirmed that the children of Haitians born anywhere are Haitian at birth so they are not stateless.

There is no such thing in law as a “citizen in waiting”. You are either a citizen or not.

The allegation that the new policies are ultra vires the constitution and the Immigration and Education Acts is false.

The Immigration Act requires all non- nationals in the country to have a landed status. While the constitution does provide a right to apply to be registered as a citizen at age 18 and before the19th birthday to non-nationals born here, it confers no immigration status on them. Because they are not citizens of The Bahamas, they must have an immigration status.

That means their parents should apply for them to get a permit to reside. Permits to reside cost 25 dollars with a processing fee of 100 dollars.

Thousands of children hold them in this country today. This is not a new requirement. That is the existing law and all non-nationals in the country are expected to comply with the law. Most are complying.

The Department has obtained an opinion from the Attorney General’s office on this matter. We have been advised that the policies of the Department are in compliance with the constitution and all applicable laws of The Bahamas.

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Bahamas News

CIBC Caribbean warns about ‘smishing’ scam

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Nassau, Bahamas, January 15, 2025 CIBC Caribbean has warned about an ongoing ‘smishing scam’ targeting clients in The Bahamas and Turks and Caicos Islands.

It noted that fraudsters have been sending text messages to persons stating that their accounts were placed on hold or that their cards were locked and requesting them to click on a link and to enter their banking credentials in order to regain access to their accounts.

The bank has reiterated that it does not send out texts or SMS messages with links for clients to click on.

Clients who receive any communication with links should check that they are from a bona fide source prior to attempting to click on them.

The latest fraud attempt is a smishing scam and we are taking the necessary steps to report the fraudulent sites, the bank said.

Smishing occurs when fraudsters attempt to steal customers’ data or money through a text message that tries to trick them into following a link and revealing personal details or login information.

If you believe that you have encountered a suspicious message, just follow these simple tips.

Firstly, don’t click on any links or attachments and don’t reply to the message. Try and establish the legitimacy of the message by getting in contact with the organisation through alternative means, for example, calling the phone number on your printed statements.

If the sender claims to represent CIBC Caribbean, then forward the email as an attachment to our dedicated fraud team (fraud@cibcfcib.com) and delete the message from your system.

It is also a good idea to regularly review all your financial accounts and if you spot any irregularities, contact the bank immediately. Additionally, email security should be reviewed and consider changing your password to a stronger one, using a combination of characters, letters and numbers. Never share your internet banking log-in credentials or One-Time Verification Codes (OTVC) with anyone!

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Bahamas News

Bahamas National Trust Announces New Executive Board Members

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Left to right: Janet Johnson, BNT Deputy President; Joanne Smith, BNT President; Philip Cumming, Hon. Treasurer; and Ashley Sturrup, Hon. Secretary

January 13th, 2025 – Nassau, Bahamas – The Bahamas National Trust (BNT) is excited to announce the appointment of new officers and members of the BNT Council 2024 -2025, elected at the organization’s Annual General Meeting (AGM) in October and later confirmed during a special meeting after the AGM.

Mrs. Joanne Smith has been elected as President of the Council. As President and Creative Director of Media Enterprises, she brings a wealth of experience to the role. A former President of the Rotary Club of East Nassau and a Lifetime Member of the BNT, Smith is a passionate advocate for environmental preservation. Her long-standing involvement in producing educational materials for the BNT and her expertise in public relations will be invaluable as the nonprofit strives to promote the national park system and expand its membership base.

Returning to the Council as Deputy President is Ms. Janet Johnson, a former BNT President. With more than 40 years of leadership experience in the tourism industry, both internationally and nationally, Johnson’s marketing expertise will be critical as the BNT implements its 2024-2029 Strategic Plan, targeting expanded infrastructure and visitation for 12 national parks.

Mr. Phillip Cumming has been appointed Honorary Treasurer. A chartered accountant and past President of the Rotary Club of East Nassau, Cumming is also an avid birder and nature photographer.

Elected members of the BNT Council include: Geoff Andrews (immediate past President); Marvin Arrington; Glenn Bannister; Kevin Cartwright; Hank Ferguson; Janet Johnson; Marcus Laing; Neil McKinney; Devin Peet; Naisha Roberts; Karin Sanchez; Gary Sands; Tanya Woodside; and Eddie Carter.

Appointed members are: Dr. Maria Woodside-Oriakhi, University of The Bahamas; Dr. Ana Luz Porzecanski, American Museum of Natural History; Dr. Karen Bjorndal, University of Florida; Christopher Hughes, US Parks Service; Meredith Ross, Leon Levy Foundation; Dr. Pamela Reid, University of Miami RSMAS; Dr. Barney Long, re:wild; and Aurelio Ramos, National Audubon Society.

Representing The Bahamas Government are: Christina Davis-Justin and Holly Peel, Governor General’s Representatives; Ashley Sturrup, Ministry of Education; Dr. Kenneth Romer, Ministry of Tourism; Dr. Rhianna Neeley-Murphy, Ministry of Environment and Natural Resources; and Gregory Bethel, Ministry of Agriculture and Marine Resources.

“We are thrilled to welcome such a talented and diverse group of leaders to our Executive Board,” said Lakeshia Anderson-Rolle, BNT’s Executive Director. “Their combined experience and dedication to The Bahamas’ national park system will be essential as we work to accomplish the goals outlined in our new five-year strategic plan.”

“It is indeed an honor to serve as the President of the BNT,” said Joanne Smith. “They have grown The Bahamas’ national park system to 33 national parks that protect marine resources, endangered species, and the habitats necessary for the survival of our island flora and fauna. I am looking forward to working with the BNT team and the Council to ensure we meet our strategic goals.

“One of my goals is to increase the membership of the organization and support sustainable finance mechanisms for the parks. I am especially grateful to past President Geoff Andrews, who has agreed to lead the Advancement Committee in successfully achieving our financial goals over the next five years. We hold our first full Council meeting at the end of January and look forward to working with the Council on initiatives that guide the BNT into its next chapter.”

To learn more about the BNT’s role in managing national parks, protecting wildlife, and informing environmental policy, please visit its website: www.bnt.bs, and follow its various social media channels: Facebook, Instagram, Twitter, and YouTube.

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Two Illegal Sloop Interceptions

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Turks and Caicos, January 13, 2025 – The Marine Branch of the Royal Turks and Caicos Islands Police Force successfully intercepted two illegal sloops within the last 24 hours.  In the first incident, at around 2:25 a.m. yesterday (January 12), the Maritime Operations Center tracked a suspicious target in the Bird Rock, Long Bay area.

Officers of the Marine Branch were informed, and at 2:35 a.m., they spotted a dark blue wooden vessel with two outboard engines carrying several individuals.

The illegal sloop was intercepted, and officers discovered TWENTY-SEVEN (27) illegal migrants- TWENTY-ONE (21) males, including two minors and SIX (6) females.  All individuals were handed over to the TCI Border Force for processing.

Shortly after 1 a.m. today, the Marine Branch, alongside the TCI Regiment, received information that a blue 38-foot wooden Haitian vessel with two outboard engines was in TCI waters.
The vessel was located and intercepted.

Onboard the vessel was ONE HUNDRED and TWENTY-ONE (121) persons – ONE HUNDRED and FOUR (104) males –including a minor and SEVENTEEN (17) females.

Assistant Commissioner (ag) Mat Newton said, “I am grateful to our partners—TCI Border Force and TCI Regiment—for their assistance and support in successfully processing the illegal migrants intercepted by the police. This shows that the layers of security in place are increasingly effective, and we continue to build our defensive measures to tackle this type of crime.”

The RTCIPF asks the public to notify the closest police station, contact 911, the Serious Crime Unit at 231-1842, Crime Stoppers at 1-800-8477, and anonymously give any information on illegal activity.

Additionally, persons are encouraged to download the CrimeStoppers P3 app and share information anonymously.

 

Photo Credit: RTCIP

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