THE PROCESSING AND REPATRIATION OF ECONOMIC MIGRANTS & IRREGULAR ENTRANTS INTO THE BAHAMAS

 BY

 THE HONOURABLE KEITH BELL, M.P.

MINISTER OF LABOUR AND IMMIGRATION

12^th APRIL 2023

COMMUNICATION

Madam Speaker, I wish to begin by thanking the Almighty God for allowing me the opportunity to stand in this Honourable place once again to provide this House and the Bahamian people with an update on this Government’s unwavering efforts to protect our borders from unlawful entrants.

Madam Speaker, since coming into office in September, 2021, we have witnessed an unprecedented sequence of global events, which have resulted in significant deterioration in the economy and economic outlook of the Republics of Haiti and Cuba.

In the Republic of Haiti, global inflationary pressures are but one of the many issues facing Haiti.  Given the conditions in Haiti and Cuba, we have seen historically high levels of Cubans and Haitians seeking to unlawfully enter The Bahamas.

Madam Speaker, whilst the Government led by the Hon. Prime Minister continues to encourage a regional and international approach to address the issues facing both Cuba and Haiti, the position of this Government remains unwavering that all persons seeking to enter The Bahamas must do so using legal avenues and processes.  Any person seeking to enter or remain in The Bahamas unlawfully will be intercepted and sent to their home countries.

Madam Speaker, whilst we could not predict all of the challenges of the past year, upon coming into office, we accepted that more had to be done to protect our borders.  This is why Madam Speaker last year, we established a temporary holding facility in Inagua with the capacity to hold over eight hundred (800) persons to reduce the time required for irregular migrants intercepted in the Southern Bahamas to be repatriated. This is also why Madam Speaker, this administration immediately recruited and commissioned the largest immigration squad in the history of the Department increasing the total number of immigration officers by over 30%. Today, these additional immigration officers play a key role in carrying out the government’s ambitious mandate for the Department.

I might add Madam Speaker that the Cabinet has approved the recruitment of an additional 100 Immigration Officers in the upcoming months.

Madam Speaker, earlier this year, I advised the public of special operations on Abaco called “Operation Restore” to combat the illegal migration that has been ongoing on the island of Abaco. It was conducted with the assistance of several teams from The Royal Bahamas Defence Force and The Royal Bahamas Police Force.  The targeted areas include: Marsh Harbour, Hope Town, Guana Cay, Treasure Cay, Green Turtle Cay, Ferry Dock, Winding Bay, “The Gully” and “The Farm”.  During the course of the special operation in Abaco, several trends have been noticed which I wish to share with the public.

Madam Speaker, investigations in Abaco have shown that a significant number of persons are working outside the scope of their permits. The employers are in New Providence or some other island and the Permit Holders are working outside New Providence independent of their employer. Additionally, they are also working outside the scope of the grant in that many who were classified as “Handymen” were found engaged working in other classified fields of employment of skilled labour.

Madam Speaker, from January, 2023 to the 31^st March, 2023, some 81 persons were found on Abaco using work permits issued for employers in New Providence.  These persons were removed from Abaco and in each case, the Permit is liable for revocation.  To date, 65 of the 81 persons have been charged and convicted.

Madam Speaker, another significant challenge we have found is Bahamian employers are failing to renew permits on a timely basis.  This is a vexing issue for the Department.  Let me at the outset say that whilst I understand that persons can face delays obtaining the accompanying documents to have a permit renewed – if a person is here without a valid permit, and without having a renewal application before the Department of Immigration, they will be arrested and deported.

Madam Speaker, over the past three (3) months, Operation Restore has resulted in over $90,000.00 (ninety thousand dollars) being collected in back fees for processing and document fees from Bahamian employers of various persons being taken into custody.

Madam Speaker, Immigration fees must be paid.  Let me say this again – pay Immigration its fees!  Work permits are obtained by employers, and it is the employer’s responsibility to pay the Government its fees.  Any employer found owing immigration will be required to pay all fees owing and may face prosecution.

Madam Speaker, Operation Restore remains ongoing and we intend to increase not decrease our efforts in Abaco.  It is also important to note that the Department of Immigration is carrying out its work without fear or favour – Red, Yellow, Black and White – Haitians, Jamaicans, Cubans, Mexicans and Canadians all have been investigated and where violations have been found, have been charged, convicted, deported and placed on the Department’s ‘Restricted List’.

Madam Speaker, the Abaco special operation is one aspect of our ongoing efforts all over the Country as part of the Government’s national immigration strategy which comprises three (3) broad pillars:

• Operation Restore (Enforcement of our immigration laws within our borders);
• Protection of our territorial waters; and
• Regional and international Cooperation.

Madam Speaker, in keeping with our promise to the Bahamian people, we have been relentless and unwavering in repatriating undocumented migrants and those who breach our immigration laws.

Madam Speaker, during the month of March, 2023, a total of six hundred and fifty-one (651) persons were repatriated from The Bahamas.  This number included:

• Four hundred and fifty (450) Haitian nationals;
• One Hundred and seventy-three (173) Cuban nationals;
• Eight (8) Jamaican nationals; and
• Twenty (20) persons of other nationalities.

Madam Speaker, for the period commencing the 1^st January, 2023 to the 31^st March, 2023:

• (a) One thousand, seven hundred and thirty-four (1,734) persons have been repatriated from The Bahamas;
• (b) Five hundred and ninety (590) persons were charged with various immigration offences;
• (c) Four hundred and sixty-one (461) persons have been convicted; and
• (d) Some two hundred and forty thousand, six hundred ($240,600.00) dollars in fines have been imposed by the Court for immigration offences.

Madam Speaker, on the 6^th April, 2023, there were one hundred and fifty-three (153) persons in the Detention Centre awaiting repatriation. These persons included Chinese, Cubans, Haitians, Jamaicans and other nationalities.

Madam Speaker, I want to personally thank my team at the Department of Immigration for their hard work on behalf of The Bahamian people.

Madam Speaker, whilst we continue our efforts to detect and remove persons, who have no legal right to remain in The Bahamas, operations to intercept those who seek to enter our waters continue.

On Tuesday, 4^th April, 2023, two hundred and nineteen (219) Haitian nationals consisting of 157 males, 53 females and 9 minors were apprehended from a 50 foot wooden vessel near Anguilla Cay by the United States Coast Guard. They have since been transported to the Detention Centre.

Additionally Madam Speaker, this past Saturday, 8^th April, 2023, an additional 22 Haitians were apprehended by Immigration Officers and Royal Bahamas Police Force Officers for illegal landing in the Exumas. Investigations are ongoing.

Madam Speaker, these recent interceptions bring the current population at the Detention Centre and the Safe House to some three hundred and ninety-four (394) persons. The unlawful entrants will be processed and repatriated as soon as formalities can be completed (which we anticipate will occur this week). Notably, these repatriations will result in an overall repatriation for 2023 so far of some two thousand, one hundred and twenty-eight (2,128 persons). This means that we are on a trajectory to significantly exceed last year’s numbers.

Madam Speaker, I assure the public that your Immigration Department in collaboration with its local and international partners is fulfilling its mandate given by this Government and the people. By repatriation numbers alone Madam Speaker, for the first three (3) months of 2023, the Immigration Department has repatriated almost half of the total number of persons repatriated in 2022!

Additionally, as Minister of Labour and Immigration, the Director of Immigration has been given a clear directive to collect all outstanding, back and unpaid fees owing to the Department, tighten controls and improve the Department’s overall efficiency as one of the Government’s largest revenue earners. While the figures for the fiscal year 2022/2023 will be disclosed in the Budget exercise, I am very pleased to note that under the current able leadership of Director Keturah Ferguson, the Department of Immigration has surpassed the $100 million mark in revenue between 1^st January, 2022 and December, 2022.

In this regard, Madam Speaker, the Ministry and Department of Immigration have met with the Minister of Finance and his team in relation to much needed resources for the Department. He has given us his assurance and we thank the Hon. Prime Minister and Minister of Finance accordingly and in advance.

Madam Speaker, several months ago, I issued a warning to employers and the public generally about the need to act within the law.  Specifically, I warned persons that each Work Permit is subject to conditions including that the employee work for the employer named on that permit.  Let me repeat that – a person on a Work Permit is only allowed to work for the employer named on that work permit and only allowed to work within the confines of the grant.  Failure to do so is an offence.

Madam Speaker, over the past few weeks, the Department began a special investigation following numerous complaints and information received from the public concerning large numbers of construction workers of foreign nationality working on construction sites in a high end gated community in eastern New Providence.

Following the conclusion of the investigation, an operation was launched, which revealed that foreign construction workers outnumbered the Bahamian construction workers three to one (3 to 1).

Madam Speaker, in one swoop, fifty-six (56) foreign nationals were taken into custody leaving a mere twenty (20) Bahamian workers on site.  The findings of the investigations revealed:

1. All of the persons had been issued Work Permits;
2. All of the persons were working outside the scope/terms of their Work Permits; and

• A large number of the persons were unlawfully paying dramatically lower work permit fees by giving incorrect job descriptions such as farm labourers when they were highly skilled construction professionals.

1. Several persons owed renewal and processing fees for permits. Others were pending processing fee payments for the renewal of their permits. Persons were classified as Farm Labourers and Handymen when they were highly skilled construction Labourers.

Madam Speaker, investigations into this matter are ongoing. However, I believe it is important to specifically warn Contractors and other businesses who employ persons on Work Permits – get your house in order!  The law is clear on what is required.  If you are unsure, you can call or visit the Department of Immigration.  The immigration laws must and will be enforced.  The law will be enforced equally and throughout The Bahamas.  Island to Island. East to West.  In front of the gate, back of the gate – one Country – one law for everyone! Immigration will target the owner, the occupier, the hirer, the employer and the worker!  Be warned!

Madam Speaker, I note that the case of Douglas Ngumi has reached its conclusion having been determined by the Supreme Court, Court of Appeal and the Privy Council which is our final Court of appellate jurisdiction.

I publicly thank the Hon. Attorney-General Ryan Pinder and the Hon. Member for Centreville, Minister Jomo Campbell and their team at the Office of the Attorney-General in defending the Government in this case.

Madam Speaker, it is important for me to say that my issues with the case and arguments made are independent from the Appellant Mr. Ngumi as we are governed by precedent, which binds future cases.

Having regard to the arguments put forward by the Attorneys for Mr. Ngumi versus the pronouncement of the Courts, I am satisfied that this ruling, and the changes, which may be enacted as a result of the ruling will put us in a stronger position in expeditiously deporting persons, who have no lawful basis to remain in The Bahamas.

Whist the case highlighted the need for legislative clarification, it reinforced our ability to determine the process by which persons are repatriated under the Immigration Act.  The Department has already begun reviewing the sections which require legislative clarification and will work with the Office of the Attorney-General to determine the next steps.

Ultimately, The Bahamas is a country of laws and persons, who are not citizens of The Bahamas do not have an inalienable and absolute right to remain here.  We are a small country with limited resources.  We cannot accept unlimited numbers of migrants no matter how the Attorneys for such migrants may argue their cases. The Bahamas maintains an organised system to allow for the lawful entry and orderly processing of applications for lawful entry into The Bahamas. This is the only process by which persons should enter this country.  Our survival as a country in our current form depends on the government maintaining control of the processes by which persons enter and remain in this Country.  As a Government, we intend to be unwavering and unapologetic in defending our sovereign integrity for future generations to come.

In closing Madam Speaker, I thank my Permanent Secretary Miss Cecilia Strachan and my fine team at the Ministry of Labour and Immigration. On behalf of the Bahamian people and this Government, I extend my deepest appreciation to the Director of Immigration and her team at the Department of Immigration, our Police Officers, Defence Force Officers and our international partners for all their work in protecting our borders and enforcing our immigration laws and policies.

I ask the Bahamian people to continue to pray God’s protection and covering over each and every one of them as they fulfill their mandate.

Madam Speaker, may God continue to bless, preserve and keep the Commonwealth of The Bahamas.

Amen.