Immigration needs a purge.
By Richard Ramoutar
Trinidad and Tobago Guardian | 28 Jun 2009

Difficult and painful as it may have been, Minister of National Security Senator Martin Joseph publicly admitted, recently, that there was evidence of human trafficking In Trinidad and Tobago. Sadly, this fact comes after the United States placed Trinidad and Tobago on the Tier 2 listings. Had the Ministry of National Security been a little more prudent and proactive in its approach, after having the benefit of the presence and expertise of the International Organization for Migration office in Trinidad, perhaps the situation may have been different.

Despite the minister’s statement, it also appears from intelligent information gathered that some immigration officials do not care one iota about our country, its image or international obligations. In a rather unsophisticated, “money for time” operation, some of these officials are apparently contributing to this human trafficking phenomenon in a facilitative, personal and financial compensatory manner. To sever this alleged cancerous malaise from becoming entrenched at all levels, there may be a need to purge these officers from the Immigration Department.

These officials are presumed to have extremely close relations with women arriving illegally from Santo Domingo and Colombia, as well as nationals of Nigeria. That there are some delinquent officers should not paint an obfuscating picture of the entire department, as the majority of officials are very well-trained, professional, humane and loyal to the state.

More scrutiny Official benefits
In the majority of cases, most of these illegal migrants are caught in police-immigration raids, hauled before the courts, charged and also deported. However, the justice system does not look at the facilitators in these operations, and these officials are the ones who benefit because of their positions of influence. Principles are sacrificed on the altar of monetary expediency and in direct contravention of the code of ethics for public servants, as well as the relevant sections of the Immigration Act that deal with offences under the Immigration Act, and posing a threat to national security.

A judgment that reflects how immigration officials can act contrary to law and for other reasons, can be found in the case of Percival Smith and the Attorney General v LJ Williams, Ltd, (Civil Appeal, No 19 of 1980), where a former chief Immigration officer was deemed to be repeatedly biased and discriminatory, and “where in the exercise of his functions he accorded favourable treatment to a foreign firm where his two brothers were co-shareholders, and dealt unfavourably with another,” and “when he had no authority to waive the requirement for a visa.” It should be borne in mind that the Immigration Department is not immune from wrongdoing, but it may be a department that is not monitored as it ought to be for records of transparency and accountability, as allegations of wrong-doing have a tendency to be swept under the carpet.

In order for “moonlighting to take place in Immigration,” there is an absence of effective management and transparency checks and balances.
It is quite evident that when an immigration officer can privately use the Government’s stamp for personal and non-declared revenue, without a formal application for admission, extension, no information on a computerised database, no record of landing, the disguised and concealed effort lends itself to tremendous abuse. For example, just an immigration stamp can grant one permanent residence, as well as citizenship.

Management solutions
The Immigration Act 1969 (Chapter 18:01) is the primary source of immigration law in Trinidad and Tobago. That Immigration Act was patterned after the Canadian Immigration Act of 1952, and was copied to adjust to our needs. While the Canadians have moved by leaps and bounds in adjusting their immigration policies, the Immigration Act of T&T needs revamping to adjust to the era of globalisation and to the emerging Caricom entity. A new immigration act, with clearly defined policies as to visitors, students, temporary workers and those seeking permanent residents, with guidelines, manuals that cater for the domestic and international interests of T&T must be mandatory. One of the recommended suggestions is to have all admissions, extensions and granting of residence in a transparent and accountable manner, and maintained on an updated computer-based system.

However, the lack of clearly defined policy objectives, clear guidelines as to how decisions are to be made, extended professional training, counter-immigration intelligence oversights results not only in an abuse of power, but also creates the breeding ground for corrupt activities. Proper management controls and records would require that admissions, extensions, and issuance of lawful permanent residence status necessitate a screening and approval process of documents. In the revised and scripted language of border security and migration management, it is necessary to consider the formation of a commission of border security and migration management, which will superintend all of the significant facts mentioned.

Richard Ramoutar is a former legal adviser to the Attorney General; doctoral candidate in law, and international winner of the inaugural doctoral scholarship in terrorism, human rights and human migration, Queen’s University, Belfast.