For A Land Far From Homeland

Growing up in the 1950s Bombay, one frequently heard of a neighbourhood ‘David’ migrating to Israel, to live in the homeland of the Jews.

The next decade saw a proliferation of English coaching classes to improve the language essential to “go phoren”. That continues, it is not difficult to guess, wherever people want to seek a better life in a far-off land, no matter the hardships and uncertainties that means.

My first contact with migrate-come-what-may was with the Gujaratis fighting to enter Britain. British passport holders had fled Idi Amin’s Uganda. Refused entry and unable to return to Kampala, they were in New Delhi, squatting at the British High Commission. Denied even basic facilities, they were shut out once they left the premises, becoming the ‘nowhere’ people. Till London grudgingly accepted them.

Fifteen years later, I met some in downtown London. It was heartening to see them fairly well-settled. Newspaper kiosks were one business and running motels was another. By that time, Patels had become synonymous with motels in America as well. The children from those families went to prestigious universities they could only have read about in an earlier era.

The process of migration from poor and developing nations to industrialised ones, legal or otherwise – more of the latter – has multiplied and proliferated over the decades. All indicators are that it is going to increase, with growing poverty, the global recession, climatic changes, sectarian violence, the emergence of dictatorial and ‘nationalist’ regimes and currently, an unwinnable, but economically debilitating, Ukraine conflict.

The industrialised nations of the West are feeling the pinch of illegal migration. Earlier this month, British Prime Minister Rishi Sunak, dressed in a bulletproof vest, participated in operations to identify those who cross the English Channel illegally. The European Union’s border and coast guard agency says that the number of attempts by migrants to enter Europe without authorisation reached around 330,000 in 2022. They are from Syria, Afghanistan, Myanmar, and African of various nationalities – dogged by natural calamities and man-made ones like armed conflicts. Even if peaceful, urbanisation, industrialisation and the building of roads have uprooted people who have lived off the land, not required to leave their homes.

Less talked about India’s otherwise win-win engagements with the developed world these days are its illegal migrants and over-stayers. In Britain alone, Indians are now the second largest group of migrants crossing into the UK over the English Channel on risky small boats, according to the UK Home Office. As per the data, 675 Indian nationals entered the country by small boat between January and March, amid a “surge in attempts to evade work visa restrictions”, The Daily Mail has reported.

The migration scene is similar across the Atlantic. I am reminded of two films both, incidentally, bearing the same name, The Illegal. They narrate stories of the young chasing the American ‘dream’ and what it entails. The 2019 film is the Indians’ saga. But let me pen the poignant climax of the1970s film that is difficult to locate on the Internet. It has a Mexican couple with a pregnant wife. The man is struggling at the American Immigration Counter when the lady gets labour pains. She darts bypassing the border police and clutches the American flag and delivers. “My baby is American,” she screams with a mix of pain and satisfaction.

Flash forward to this year when an entire family from Gujarat – a man, his young wife and two children – died in a road accident while illegally being ferried from Canada to the USA. The tragedy occurred during what was, perhaps, the last lap of their travel undertaken over two months, after selling the family’s property back home.

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Shahiza Raza, a Pakistani woman field hockey player and 170 others – Afghans, Pakistanis and Iranians – set sail from the Turkish port of Izmir in February and crashed near the Italian coast. Only her body returned to Quetta to her mother and brain-damaged child.

Over the years, we are familiar with “boat people” who travel via Thailand, Vietnam and Malaysia having Australia as their dream destination. They are unwanted. The social tensions that ensued made a former prime minister warn: “We are a Christian country.”

For close to 50 years, the Gulf boom has attracted millions of people from across the globe, more than the populations of those Sheikhdoms who have benefitted from the burgeoning oil economies. That region from where many developing countries earn billions as remittances is also getting impacted by geo-political and geo-economic changes like the Ukraine conflict that choked Europe’s energy supplies at one end and on the other, had Russian oil sold at concessional rates. The Gulf boom is bound to be hit and the first impact will be on the workforce.

Pakistani attorney-author Rafia Zakaria writes in Dawn newspaper on the latest boat tragedy on the Mediterranean Sea that had 750 people, 400 of them said to be Pakistanis. She notes that the gradual decline in employment opportunities available in Saudi Arabia and the rest of the Gulf in general, all of which are trying to transition to more locally staffed workforces, are one reason that more and more Pakistanis have been found travelling on migrant boats.

She draws a larger picture for every nation, whether importing or exporting the labour force. Her warning about the foreseeable future cannot be ignored.

“As artificial intelligence and remote work get more integrated into the workforce, developed industrialised democracies in the EU and also the UK and US are going to decline further. In other words, all of these countries are looking at the impending employment crises, particularly in the low-skilled sector.”

She points out: “Already, stores have stopped hiring cashiers and shelf stockers because these jobs have become automated. Soon jobs that do not require much local context information, such as computer programming, data sciences etc, are also going to end up in countries that can provide these services at the lowest cost.

“Developed economies are aware of this and of the fact that low-skilled workers will become redundant first. This is going to require these wealthier countries to institute some sort of benefits such as a universal basic income so that the poor in their countries can survive.”

This transformation is bound to create complexities that make migration increasingly difficult. They have already begun to go beyond the normal protectionism of local economies. They will generate cultural forces such as ever-increasing racism and xenophobia to support these restrictive policies.

The writer can be contacted at mahendraved07@gmail.com

Canada New Work Permit

Canada To Introduce New Work Permit For US H-1B Visa Holders

Canada Immigration Minister Sean Fraser on Tuesday announced that the government will create an open work-permit stream to allow 10,000 American H-1B visa holders to come and work in the country.

In an official release, Canada’s Ministry of Immigration, Refugees, and Citizenship said the program will also provide for study or work permits for the family members of H-1B visa holders.
“Thousands of workers in high-tech fields are employed with companies that have large operations in both Canada and the US, and those working in the US often hold an H-1B speciality occupation visa. As of July 16, 2023, H-1B speciality occupation visa holders in the US, and their accompanying immediate family members, will be eligible to apply to come to Canada,” the release read.

The approved applicants under the new decision will receive an open work permit of up to three years in duration.

“They will be able to work for almost any employer anywhere in Canada. Their spouses and dependants will also be eligible to apply for a temporary resident visa, with a work or study permit, as needed,” said the release.

According to Canada-based, CBC News, Fraser said that by the end of this year, the federal government will be developing an immigration stream for some of the world’s most talented people that will be able to come to Canada to work for tech companies, irrespective of having a job or not.

However, the Immigration minister did not explain exactly who will qualify or how many people will be admitted to the stream.

H-1B visas allow foreign nationals to temporarily work in the US in certain specialized occupations, including the technology sector. Tech companies went on a hiring binge during the pandemic but have since started laying people off in large numbers. That’s left a lot of H-1B visa holders scrambling to find new jobs. (ANI)

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Supreme Court on living will

Centre Step-Motherly Towards Tamil Refugees; CAA Arbitrary: DMK To SC

The Dravida Munnetra Kazhagam (DMK) has told the Supreme Court that the Citizenship (Amendment) Act of 2019 is “arbitrary” as it only considers religious minorities from three countries while keeping Sri Lankan Tamils staying in India as refugees.

The Central government has “categorically remained silent to the plight of the Tamil refugees. Step-motherly behaviour of Respondent No.1 (Centre) towards the Tamil refugees has left them living in constant fear of deportation and an uncertain future,” stated the affidavit filed by DMK.
The DMK said that CAA is “arbitrary” as it relates to only three countries — Pakistan, Afghanistan and Bangladesh and confines to only six religions — Hindu, Sikh, Buddhist, Jain, Parsi and Christian Communities and expressly excludes Muslim religion.

Filing an affidavit before the Supreme Court in its plea challenging the CAA, DMK said that even while considering religious minorities, the Centre keeps such Tamils of Indian origin who are presently staying in India as refugees after fleeing from Sri Lanka due to persecution.

The Act is “against Tamil race” and keeps out the similarly placed Tamils who are residing in Tamil Nadu from the purview of the Act, it said.

“The impugned Act ignores the reality that for several decades Tamil refugees who have settled in Tamil Nadu are deprived of fundamental rights and other rights due to non-citizenship and due to non-naturalisation and the impugned Act does not provide for any reasons to exclude them,” stated the affidavit filed by organising secretary RS Bharati, the governing party of Tamil Nadu.

“Being stateless, they have been denied employment in the government services or in organised private sectors, the right to hold property, right to vote, enjoyment of government benefits received by the citizens and others despite there being an agreement for the same,” it added.

Due to such an ambiguity, they are forced to stay in camps where they are often exploited having no prospects of security in future, said the DMK in its affidavit.

“The lack of jobs, access to basic rights and amenities has left these refugees handicapped and distraught. These refugees who arrived at the country of their origin i.e. India with the hope that the Indo-Sri Lankan agreements will protect them from the ensuing persecution so that they could have brighter futures, discrimination-free environments, and better standards of life are now in a far worse state than before. The requests for citizenship by these Tamil refugees who have spent years in refugee camps have fallen on deaf ears of the Centre,” it added.

It said that the reasons for their fleeing from Sri Lanka have not changed as many displaced persons escaped their country due to the large-scale violence and unsafe circumstances and came to India hoping for a better future.

The party has also said that the Act introduces a completely new basis for the grant/non-grant of citizenship on the grounds of religion, which “destroys the basic fabric of secularism”.

The Act deliberately keeps away Muslims who had suffered persecution in the six countries and therefore it is highly discriminatory and manifestly arbitrary, said DMK.

At least 220 petitions against the CAA were filed before the top court.

The CAA was passed by Parliament on December 11, 2019, and it was met with protests all across the country. It came into effect on 10 January 2020.

A Kerala-based political party Indian Union Muslim League (IUML), DMK, Trinamool Congress MP Mahua Moitra, Congress leader and former Union minister Jairam Ramesh, All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Asaduddin Owaisi, Congress leader Debabrata Saikia, NGOs Rihai Manch and Citizens Against Hate, Assam Advocates Association, and law students, among others, had filed pleas before the top court challenging the Act.

In 2020 Kerala government had also filed a suit in the apex court becoming the first state to challenge the CAA.

The law fast-tracks the process of granting citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who fled religious persecution in Afghanistan, Bangladesh and Pakistan and took refuge in India on or before December 31, 2014.

The top court had earlier issued notice to the Centre and refused to pass an interim order staying the law without hearing the Centre.

The Centre had filed its affidavit before the apex court saying that the CAA Act is a “benign piece of legislation” which does not affect the “legal, democratic or secular rights” of any of the Indian Citizens.

The CAA does not violate any fundamental right, the Centre had said while terming the legislation legal and asserted that there was no question of it violating constitutional morality.

The petitions contended that the Act, which liberalises and fast-tracks the grant of citizenship to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan, promotes religion-based discrimination.

The amendments have also been challenged on several other grounds, including violation of secularism, Articles 21 (right to life), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 19 (right to freedom), as well as provisions on citizenship and constitutional morality.

The 2019 Act amended the Citizenship Act, 1955, which makes illegal migrants eligible for citizenship if they (a) belong to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities, and (b) are from Afghanistan, Bangladesh or Pakistan. It only applies to migrants who entered India on or before December 31, 2014. As per the amendment, certain areas in the Northeast are exempted from the provision. (ANI)

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