Immigration policy to be challenged in court

Tuesday, December 2, 2014

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

GRAND Bahama Human Rights Association President Fred Smith yesterday announced that his organisation will mount a constitutional challenge against any legislation that is passed in parliament concerning the new immigration policy.

Fred Smith, a lawyer and QC, said the recent revelation that the government planned to table legislation on the issue was proof that the new policy has been operating “illegally” for more than a month.

He also called for all persons adversely affected by the new policy to join a class action lawsuit, which his organisation intends to file “in due course”.

However, Immigration Minister Fred Mitchell last night dismissed Mr Smith’s threats as a “joke”.

“(Mr Smith) is a joke. He’s looking for attention and he needs to use some common sense,” Mr Mitchell said.

Mr Mitchell confirmed that the government was still reviewing proposed legislation at the Cabinet level, and that the statutory law would not be put before the House of Assembly this week. Instead, a Bill on foreign service orders will be tabled.

He explained that the November 1 policy was not illegal as it represented only administrative changes, adding that the proposed legislation was to support the resurrection of the Belonger’s permit.

In a press statement yesterday, Mr Smith said the proposed legislation was an attempt to give an “inhumane, immoral and illegal immigration enforcement policy the veneer of legitimacy.”

The statement continued: “Indiscriminate roundups and road blocks are unconstitutional; the requirement that immigrants carry ID at all times is unconstitutional; detention without bail and in the absence of criminal charges is unconstitutional; and deportation without conviction by a court of law is unconstitutional.

“The government simply cannot retroactively legitimise such actions,” he charged.

Mr Smith said that children born here to foreign parents had the legal right to apply for Bahamian citizenship at 18, on the condition that they have lived in the country for 10 years prior to their application. He explained that this made the deportation of children born in the Bahamas illegal, as it deprived them of that right.

“Deporting those who have submitted a proper application, but have been waiting for years without word from the government is a totally unconscionable practice,” Mr Smith’s statement said. “This is to say nothing of the moral outrage of snatching young children from their classrooms, imprisoning them without charge, then sending them to a poverty-stricken country of which they have no knowledge or experience.”

The Department of Immigration has maintained that it does not enter schools or target young children and there have been no confirmed reports of children being apprehended at school by immigration officers.

The statement continued: “(Mr Mitchell and colleagues) risk exposing the government to court action by the hundreds if not thousands of individuals who have been harmed, terrorised or otherwise adversely affected by these draconian procedures.

“The government is hereby forewarned, that any Act passed by parliament which seeks to legitimate the tactics used by the Immigration Department since November 1 will be subject to an aggressive constitutional challenge in the courts by the Grand Bahama Human Rights Association.”

Comments

birdiestrachan says...

Mr.Smith children born to illegal persons will have to go with their parents. unless you and Joe Darville can provide homes for them. It is no surprise that you are in the midst of this. It is to bad that no shanty Towns have been constructed by you beach front property. If there was you would be singing a different song. You will be putting your money where your mouth is on this one. so go right ahead. You did compare Mr. Jones to a dog the other day on his show. It only shows how your mind works. not well at all.

Posted 2 December 2014, 2:59 p.m. Suggest removal

duppyVAT says...

So why doesnt the good QC quote the Constitution's article and paragraph that he wishes to challenge Freddy on??????? This should be a good one to watch!!!!!!!!!!

Posted 2 December 2014, 3:14 p.m. Suggest removal

Islandgirl says...

Mr. Smith, please take all that passion and energy and use it to fight the GBPA on Grand Bahamians' behalf. They have abused the people there for numerous years and have more than earned returns on their initial investment. To just willy nilly charge fees upon fees for things not being done (see Lucayan Estates), business licenses and just allowing the power company to literally leave people in darkness and shut down businesses due to those outrageous bills while using duty free fuel is just unacceptable. While they live a life of luxury, the populace suffers as they are just a means to feed that high end life style. That needs to be your focus. Help Freeport to grow the way that it is supposed to. You cannot justify these illegal people breaking the laws of the land nor agree to the disintegration of our culture and sovereignty due to our being out-bred by these persons from Hispaniola. They have their own country that they can do that in.

Posted 2 December 2014, 4:15 p.m. Suggest removal

afficianado says...

It's a good thing Fred Smith was sitting down because he needed to have several seats for those lame excuses.

Posted 2 December 2014, 5:17 p.m. Suggest removal

Stapedius says...

Mr. Smith really seeks attention at every turn. If you are going to challenge the government then shut your mouth and bring your case to court. You are a big time QC and still spouting like a newbie to the bar. Facts and evidence talk not conjecture and nonsense in the press. But Smith is so biased against any PLP action he can't contain himself. He will find any opportunity to work against the current administration. As much as the PLP annoys me at this moment I agree with them that something must be done. Whats so disgusting about Smith is that he uses terms like genocide to describe the government's policy. It is a gross misuse of the word and it is down right stupid for a man who is supposedly so studied in law. My question Smith is, will you ever support anything that is Bahamian? Every conflict you get involved in seems to involve the interests of people other than Bahamaians. If you are so concerned about human rights then why not address the inhumanity which goes on in Haiti? The Haitian government appears to have a no care policy about its own people and when other countries tighten up they want to have sour grapes. Well something must be done. I agree that we must be humane but Mr. Smith has not yet recommended any alternative to the government's current initiative, neither has the official opposition. Given the response of the opposition I am of the thinking that the FNM given the opportunity would have done the same. Party lines aside Bahamians are recognizing the need for a sensible plan for immigration. This haphazard approach is no longer feasible and with boat loads of Haitians coming daily we cannot continue to take a passive approach to this.

Posted 2 December 2014, 5:24 p.m. Suggest removal

bismark says...

send all illegals HOME where they belong,if Fred Smith wants join them he can go also,but Mr Minister stand fast in your quest to rid our country of these illegal parasites who are bleeding our country dry of our services which they pay nothing for,they have been living free for decades and I am sick and tired of all this freeloading by a set of ungrateful race of people,send all back go to your own homeland this is mine.

Posted 2 December 2014, 6:03 p.m. Suggest removal

Girly says...

So true Bahamians are getting angrier and angrier by the day at this nonchalant approach to our rights that are being trampled on everyday by these illegal immigrants.We are paying mortgage,rent,light,water,etc while they squat getting everything for free.This is not right. God is hearing the cries of his people.

Posted 2 December 2014, 8:09 p.m. Suggest removal

TalRussell says...

http://tribune242.com/users/photos/2014…

Posted 2 December 2014, 6:57 p.m. Suggest removal

I hope when he brings this lawsuit,I hope he ready for the lawsuit to brought against all of the illegal immigrants who squatted illegally on our land for free ,stealing electricity etc,etc.So these illiegal persons better stop and think.

Posted 2 December 2014, 8:04 p.m. Suggest removal

It's just not fair for someone to come cut down trees,squat on land,steal electricity while hardworking Bahamians have to pay mortgage for years along with light,water etc just to have something of their own.I believe that sooner than later some Bahamians are going to come together and go to court just like they are trying to do and take back what was stolen from us.

Posted 2 December 2014, 9:21 p.m. Suggest removal

TheMadHatter says...

I am surprised at his interpretation of the law. The whole apply at 18 thing, is for children born to foreign parents who are, for example, here working as teachers or in chemical plants, or in some high level job training Bahamians to move up and excel. Accountants and managers of foreign banks, etc. etc.

Of course a man & wife living and working here (with a valid work permit) maybe have entered this country with or without already having children, and may choose to expand their family while here. Those newer children, born here, are still not Bahamians - but may choose to apply at 18 if they live here for 10 years prior to applying. Many, of course, move back to Canada or Scotland or wherever long before then and never think about us again. But for the long term persons who stay here and grow up here and (for some strange reason) decide they want to be a citizen - the law allows them to apply when they are 18 until they turn 19.

The Constitution does not say that a pregnant woman can parachute onto Rum Cay and pop out a baby as she lands and that baby has those rights discussed above.

***TheMadHatter***

Posted 3 December 2014, 12:26 a.m. Suggest removal

There person above, making the comment about Mr. Smith paying attention to conditions in Haiti - is spot on. Why hasn't he (or doesn't he now) pay some lip service to the ridiculous conditions of life in Haiti and what can be done to improve the lives of those suffering down there?

Why doesn't he attack the Govt of Haiti for allowing their people to live in squalor? Why doesn't he bring up the Haitian Govt's annual budget and their financial audits - to show where the money has gone? The money they make from Govt income/taxes/etc - and also the tens of millions that have been given to that country by international organization over the last several decades? WHERE IS THE MONEY?

Posted 3 December 2014, 12:31 a.m. Suggest removal

Fred Smith is a loser, the Hatian Prime Minister is a loser, The Hatian ambassador is a loser, Jetta Baptiste is a loser and all of the people that have come against Bahamians to defend illegal hatians living in the Bahamas are LOSERS!!

Posted 3 December 2014, 6:55 a.m. Suggest removal

Fred represents the GBHRA .............. Grand Bahama was the focus of immigrant discrimination and apartheid-type settlement relocation, industrial and environmental abuse, economic and institutional discrimination and human/drug smuggling issues for the past 60 years. He has a lot to fix in GB first.

The Bahamas is one of the most compliant countries when it comes to dealing with immigration matters ............... but the left wing human rights activists are never satisfied

Posted 3 December 2014, 11:40 a.m. Suggest removal

mangogirl01 says...

This man is just plain crazy! He was born in Haiti and even him don't want to go back!

Posted 3 December 2014, 12:23 p.m. Suggest removal

jackbnimble says...

Man.....!!!

Posted 3 December 2014, 12:31 p.m. Suggest removal