VANCOUVER — This city’s transit police force once boasted it had referred more undocumented migrants to federal immigration authorities than any other local police agency.
Then came the custody death of Lucia Vega Jimenez, and accusations train stations were being turned into “border checkpoints.”
As of this week, the transit authority is striking a different tone. Strict conditions have been imposed on when transit officers can turn over someone to the Canada Border Services Agency. In some cases, officers will just let illegal migrants go.
“We’re not in the business of seeking out illegal immigrants,” said Transit Police spokeswoman Anne Drennan.
We’re not in the business of seeking out illegal immigrants
Other Canadian police agencies seem to be taking a similar approach — and Ottawa is not happy about it.
Some police agencies have adopted something akin to don’t ask, don’t tell: They will ask about immigration status only in limited circumstances — and may turn a blind eye if an undocumented migrant is a victim or crime witness. The idea being, people should not be afraid to seek help just because they are undocumented.
It comes amid a growing movement among North America cities to accommodate the undocumented — typically those who overstay their visas or are failed refugee claimants — and to make sure they and their families have access to basic city services.
“There certainly is a trend,” said Harald Bauder, a professor in immigration and settlement studies at Ryerson University. “It’s resonating with people because it’s not only for the protection of the undocumented immigrants, but it’s also in the general public’s interest because we want all crimes to be reported, we want all people to access health services, we want all our children to go to school.”
There are no reliable estimates for how many undocumented individuals reside in Canada. But Prof. Bauder said the numbers are likely to grow because of new restrictions on temporary foreign workers wanting to become permanent residents.
PNG file photoThe CBSA holding cells at the YVR airport where Lucia Vega Jimenez hung herself with a shower curtain.
Kevin Menard, a spokesman for Citizenship and Immigration Minister Chris Alexander, said the government will not support efforts by any city that offers “sanctuary” to undocumented individuals.
“Canadians have told us that they have no tolerance for those who use fraudulent means to enter Canada, and abuse Canadian generosity,” Mr. Menard said.
Ms. Jimenez was one of those illegal migrants.
In December 2013, Vancouver transit police stopped the Mexican national for fare evasion at a SkyTrain station. They called the CBSA to verify her identity and learned she had previously been deported from the country over a failed refugee claim.
Transit police transferred her into the custody of the CBSA, where she later committed suicide inside a holding cell. The 42-year-old woman had previously said she feared a “domestic situation” if returned to Mexico.
As part of the fallout from the death, the transit police force ended its memorandum of understanding with the CBSA, meaning that the average 300-plus calls they used to make to CBSA annually will likely plummet, officials said.
Under the new policy, only a watch commander can authorize calls to CBSA and only after ensuring that all options to confirm a person’s identity have been exhausted. Unless there’s an active warrant, any follow-up action against the undocumented person must be carried out by CBSA.
That means the encounter with Ms. Jimenez would play out very differently today, said Ms. Drennan. “We issue her a violation ticket [for the fare evasion] and she leaves.”
Ms. Drennan characterized the policy as “socially progressive” — one that will “foster a climate … where all persons can access transit regardless of status.”
suppliedLucia Vega Jimenez
Officials with the border services agency, which has memorandums of understanding with a handful of other agencies, including Vancouver Police, Calgary Police, Ontario Provincial Police, Niagara Regional Police and the RCMP, said Friday they received 15,597 calls from law enforcement partners in 2014 with immigration-related queries.
Several Canadian police agencies said they generally take this stance: if they believe a person is undocumented and that person is being investigated for a crime or has an active warrant, they will most likely notify federal immigration authorities.
However, if they’re dealing with a victim or witness, officers may exercise discretion and not inquire into that person’s immigration status, some officials said.
“They’re robbed or assaulted, and they’re afraid if they phone the police they’re going to be deported. That’s not what we do,” said Vancouver police spokesman Sgt. Randy Fincham. “Our primary concern is to treat them as a victim. … We’re not immigration police.”
Officers are expected to exercise some “compassion,” Sgt. Fincham said, “and that includes not necessarily having them apprehended if they have other issues going on.”
Toronto police similarly will inquire about someone’s immigration status only when there is a “bona fide reason to do so,” said spokeswoman Meaghan Gray. “This is to ensure that non-documented residents of Toronto have equal access to policing services without fear of reprisal.”
The CBSA is a “very good partner,” said Montreal police spokesman Sgt. Jean-Bruno Latour, but “it is not systematic” that the agency will be called every time officers encounter an undocumented person.
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The shifting attitudes seem to coincide with the growing number of North American municipalities that have designated themselves as “sanctuary cities” and made a pledge to provide basic services — libraries, shelters, health services, food banks — available to all residents, regardless of their immigration status.
Toronto and Hamilton have made such declarations. Vancouver is exploring the idea.
Some U.S. cities have gone so far as to issue municipal ID cards to undocumented migrants that they can use to access city services and present to police as proof of identification. “This card is the key to a fuller life,” New York City Mayor Bill de Blasio said last month as cards were rolled out in that city.
“It is time for [Canadian] municipalities to be inspired by these examples,” said Syed Hussan, an organizer with No One is Illegal in Toronto.
National Post
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