Today is an era of movement and migration and human uprootedness.

INTRODUCTION

Today is an era of movement and migration and human uprootedness. People around the world are in a constant quest to, improve their lives, flee from political repression, and escape from natural and/or man-made disasters (Augie Fleras and Jean L. Elliot, 2002: 242). Immigration is a major social phenomenon that involves more than just a physical relocation, but importantly it is the adaptation to a new environment and, some would agree that, individuals that are more flexible, assertive and those who are better decision makers are more apt to becoming successful migrants. Immigrants vary not only in their individual points of origin and destination, and in the skills they bring, but they also vary in their reasons for migrating. For most migrants the choice to migrate is influenced by economic reasons, which differs from migrant to migrant (J. A. Jackson, 1969: 111), thus economic possibilities appear to be the common thread that instigate migration. Individuals from Third World countries are more prone to violate the terms of their visa to overstay their visits in North America to pursue economic possibilities, which may be generalized as a:

Desire for social advancement, which includes:

Betterment for children and self
Higher learning
Gainful employment
Hope for a new beginning
Upward and social mobility

And, this might include owing a house, an automobile or becoming an entrepreneur; all these things symbolize success for many migrants, and most individuals who seek to fulfill these possibilities, and more, may well consider themselves to be economic-oriented migrants. Barry Chiswick (2000) claims that economic migrants move from one place of work and residence to another either within a country or across international boundaries, and they tend to be more ambitious, aggressive, and entrepreneurial (61). Hence, illegal immigration within Canada and America could mostly be influenced by a quest for economic attainment.

ILLEGAL IMMIGRATION

Illegal immigration occurs when a person’s presence is in violation of the law, or when the person engages in fraud or misrepresentation, or arrived without proper documents at ports of entry. Thus, individuals become illegal as a result of surreptitious entrance across borders. That is: (1) by entering without proper inspections of their documents by immigration officials at borders, (2) by using someone’s document, and (3) having overstayed by allowing their visa to expire. Subsequently, illegal immigration in North America occurs mostly by people who have overstayed their visa. In America illegal immigration is largely attributed to Mexican nationals, who cross the Mexico/U.S. borders in search of job opportunities, and data shows that the majority of illegal immigrants usually come to find work since “Employment provides one of the most fertile areas…” says W.G. Robinson (1973: A146). Hard work, as believed by some, is the criteria for success and upward mobility; and, it is no wonder that while immigration officials are implementing laws to restrict illegal migration, job seekers still come in large volumes seeking their fortunes. INS points out that in American communities there is usually a high-volume of illegal migrants whose main focus is to seek employment, and most are usually destined for jobs in restaurant and agricultural industries (Columbus Dispatch, April 30, 1998).

Each year various strategies and laws are enacted to combat illegal immigration, which would curtail the underground employment sectors that are most prevalent in bigger cities. However, it is difficult to carry out some of these instructions because: (1) they are constantly changing, and (2) it is difficult to count the exact number of illegal immigrants in North America. Although the amount cannot be numbered with precision there are over 350,000 people [or more] living in Canada without proper documentation (The New Canadian Reporter, 2002). These are people who have no immigration status and are subjects of removal or deportation orders and have never left. As well, these people have either over-stayed, and are working and/or going to school without permission, or they have simply cross the borders.1 People’s decision to cross the border is influenced by various factors; and, these factors could be familial, economical or ideological oriented. Economic-oriented individuals will stop at nothing to migrate whether in violation of the law or to unlawfully enter the borders. Three motives usually affect the migration process that includes, 1) the decision to migrate, (2) the failure to obtain a lawful visa, (3) the decision to migrate in violation of the law (Barry Chiswick, 1988: 28). In view of this, some would argue that illegally immigration, then, does not occur by sheer happenstance but as a result of mitigating circumstances, such as:

Improper documentation: These people enter ports of entry without permission and they form a vast majority of the annual flow, as well as the majority of the number, of illegal immigrants residing in the U.S.

Visa abusers: These people violate the condition of a lawfully permitted entry. This group includes foreign students who work in violation of their visas, tourists who stay longer than is permitted, and temporary workers (i.e. seasonal farm workers) who either work in sectors not covered by their permit, and those people who remain longer than is allowed.

Doctored documents abusers: These people enter North America with counterfeit visas or doctored documents, which are acquired from their point of origin.

Ship jumpers: These are airline personnel, tourists and seamen who “jump ship” to enter North America.

Many push factors in a person’s home countries influence the decision-making process to overstay in North America. J. A. Jackson (1969) deduces that this decision-making process frequently involves factors that connect the migrant to his present situation, and those, which pulls him away (125). Sometimes, factors may include violent situations, which facilitate these choices, and they can be the nature on which these decisions to migrate are based (126). In some cases, “…Illegal immigrants…appear to come here [to Canada] to escape a violent situation….”2 (W.G. Robinson, 1973) and a case in point is that of Audrey Thomas who came to Canada from St. Andrew, Jamaica in 1994. Audrey discloses the situations that led to her visit to Canada and ones that changed her immigration status.

Following the murder of my boyfriend I decided to migrate to Canada. Before leaving Jamaica, my best friend, Marcia Wynter, gave me her sister’s contact info, which I accidentally left behind. I called mom but she couldn’t find the number. I didn’t have a sole here and my friend knew that, and so she started to act differently towards me when I told her I was thinking of running off. Her irrational behaviour over my decision scared me and it was around that time I decided to move out of her place. I didn’t have my friend sister’s number and so I contacted Bell Canada for a listing of any “Wynter in Toronto.” I got several listings. Eventually I got through to an Alice Wynter who told me that she was my best friend’s sister. I was ecstatic, but was very embarrassed due to the position I was in: nowhere to live, and no family in Canada. Alice was empathetic and told me that she would talk to Marcia then call me back. She did so the said evening. I spoke to her on Wednesday and the following Saturday evening she came to Scarborough to move me to her place. I was at her place for three weeks when she also started showing me bad face. I had nowhere else to go. Eventually I had to call my sister in Jamaica who recommended that I speak with her sister-in-law in Canada, who just came up last week. I did and she decided to move me to her place. Can you imagine within five weeks I had moved three times? Well, I was at Marie’s place, and then things started deteriorating. By that time my visitor’s visa had expired and, at the time, I was not aware that I could have extended it. Anyway, I became illegal and just went about my life with the hopes of one day sponsoring myself. I overstayed because at the time I was working, plus the money was good and there was no reason for me to go back to Jamaica until I was ready.3

Audrey’s story demonstrates how unfortunate predicament can easily change a person’s immigration status; and situation, such as this, confirms that visitors sometimes are neither proactive nor knowledgeable about Canada’s immigration policies regarding visa extensions, which can be attributed to fear of apprehension and removal if caught. Thus, a lot of people are afraid to extend their visas therefore hiding their identities and avoiding contact with government officials.

REMOVAL AND DEPORTATION ORDERS

The Immigration Act of 1976 changed the manner in which inquiries about removal from Canada are conducted and new protection policies were implemented that would protect individuals that are subjected to removal. Under the act, two new policies were added: (1) a twelve-month exclusion order, and (2) a departure notice in cases where the removal was not based on a serious offense. Under the old act, the only process for removal was deportation, which barred a person from Canada for life, unless special permission to return was given by the minister (Ninette Kelley and Michael Trebilcock, 1998: 430). Also, once admitted as a visitor, a person can be removed from Canada for several reasons. The most common is that the person has overstayed the time permissible in Canada, or the person has worked without authorization. The removal order can be a deportation order, or in less serious cases, a departure notice. A departure notice will be issued if:

The infraction is minor or there was good reason for overstaying
The person willing leaves Canada on or before the date required

One should note that both America and Canada differs with their deportation and removal processes with regards to visa abusers, ship jumpers and border crossers. Under a reciprocal agreement between America, Canada and Mexico, illegal migrants from Mexico or Canada who are apprehended near the American borders can be returned immediately under a voluntary removal granted by the INS. If apprehended away from the American borders, and if INS grants voluntary removal, the immigrant is eventually flown to his or her home country. “Individuals usually remains under INS control until he or she can be returned to their country” (http://www.INS.com). INS can also place an illegal immigrant in a removal hearing before an immigration judge. This action results in a penalty that would limit the individual’s ability to reenter America. An advantage of this process is that during the removal hearings an individual can apply for relief from their removal (e.g., apply for asylum), which acts as a deterrent for removal. Also, INS can detain an individual during the removal hearing process or release them on bond or on their own recognizance, if so desired.

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In deciding whether or not to detain an illegal immigrant, INS considers such factors such as the likelihood that the individual will appear for his/her removal hearing or whether he/she presents a danger to the community. Subsequently, INS has the authority to decide whether to subject the individual - who attempts to enter America between ports of entry, or without inspection - to an expedited removal process. Once a person is detained usually two courses of action is taken. Under the first, the apprehended person can request INS to permit him or her to voluntarily leave the country. This is commonly referred to as “voluntary return to home country.” By thus permitting the person to voluntarily return to his or her country of origin, the person is not subjected to any penalty or fine. Voluntary departure usually takes place immediately after a background check. But if the person wants to return to America, his or her subsequent visa applications may note that the person has previously entered without permission; in some cases, this deter further entrance into America.

Visa abusers, ship jumpers and people with improper documentation are not the only inadmissible groups that immigration officials oppose, but another group, which comprise of people who cross the borders and ports of entry with fraudulent documents. This trend has become a major source of problem and though measures are set in place to detect fraudulent documents this does not deter illegal migration.

FRADULENT DOCUMENTS

In today’s technological era many people are able to manufacture, and buy counterfeit visas or passports, or fraudulent visa applications (Barry Chiswick, 1988: 12). Entry with fraudulent documents poses major difficulty to immigration officials both in Canada and America. In America, Mexican nationals make up a large percentage of deportable migrants (14) with fraudulent documents. To an extent, there is difficulty detecting these documents because most of them appear to be unique in its appearance. Passport officers and immigration officials can easily replace a photo in a passport or essentially replace a visa for a minimal fee, and there is a market of people who are willing to pay for these documents. This is so, because if an individual’s plight for a visa is refused by a visa office outside Canada (note that in Jamaica an individual can apply for a visa six months after first refusal) this refusal can generally instigate a conscious decision to buy a visa. Although Canada has laws against these scenarios many people still purposely run the risk of using these documents to enter.

The Immigration and Refugee Protection Act clearly states that, any person caught possessing a passport, visa or other documents, of Canadian or foreign origin, that purports to establish or that could be used to establish a person’s identity; or is caught using a document for the purpose of entering or remaining in Canada, or caught exporting or importing or dealing in fraudulent document 4 will be severely punished. As a result, in most cases, individuals caught with fraudulent documents can either be fined or jailed, and deported and permanently barred from returning to Canada. To illustrate this point with reference to false documents the essay uses the real-life experience of an illegal immigrant named Pauline Cole who came to Canada from Jamaica in 1993. In 1990 Pauline was introduced to an immigration official who worked at the Canadian Embassy in New Kingston. This particular immigration officer still today works for the Embassy and is known to sell visas to individuals whose applications are rejected.

In 1990 a friend introduced me to an immigration official who works at the Canadian Embassy who charges $30,000 to get a visa. I had purchased an American visa for over $20,000 and have gone there several times, after my two applications were rejected at the Canadian Embassy in New Kingston. Even so, I was still motivated to come to Canada. I have lots of relatives here and plus they [her family] promised to hook me up with a good job, so when my friend Althea died in 1992 [Althea had a 10-year indefinite Canadian visa], I just paid the immigration official to put my photo in her passport. Three years later, it’s the best move I have made. 5

As can be ascertained, family and economic reasons influenced Pauline’s motive and after two visa refusals, her only basis of entrance into Canada, is buying a visa. It is hard to comprehend why some people willing go through such lengths to leave their home country. Pauline also points out that she makes more money when converted to Jamaican dollars than she had ever made in her job in Jamaica. As she puts it, “life in Canada is great because it affords you all the things that you need: food, nice clothing, a car and the opportunity to send lots of money home.”

In addition she also conveys that, while in Jamaica, her immediate family members and friends were aware of her intentions to run-off and that they aided her with the necessary arrangements. Hence, family relationship seems to factor into numerous illicit migrations. Many families are better able to house illegal immigrants, and they are also able to provide safe employment and make other arrangements, which make detection unlikely. Finally, illegal immigration is a disease that will not be healed anytime soon, and is a deep-rooted concern to both Canadian and American officials alike. It is now wonder it is looked upon as undesirable.

UNDESIRABLE MIGRATION

Peter H. Schuck (2000) declares that illegal immigration is usually viewed as undesirable and unacceptable for several reasons: political, social and political (197). Firstly, it is politically unacceptable because a country is looked upon as not being able to control its borders; the government in a country will wish to demonstrate to the public that they are in control of their immigration programs through their selection process. Secondly, it is socially unacceptable because (1) the government use up a lot of capital and human resources to apprehend and removed illegal immigrants and the popular belief is that this money can be used for other purposes, (2) illegal immigrants’ inability to lawfully contribute to the society at large, and (3) discrimination because of the public’s fear that illegal immigrants are taking away benefits, such as income assistance, and metro housing, that are rightfully for citizens. Oftentimes these individuals deprived themselves and their families of particular services, such as Medicare and legal assistance, for fear of apprehension. It is worthy to mention that there is no substantial proof to suggest that illegal immigrants impose any major burden in Canada and America. On the contrary, any evidence that is available suggests that illegal immigrants underutilized public services, while contributing their labour to the local economy (Jeffrey Rosen, 1995: 22-24) and, in addition, some survive with assistance from families and friends, the Food Banks, and Church organization. It should also be noted that in order to qualify for income assistance, or student loans, or Medicare, an individual has to prove his/her legal status (proof of immigration status from Citizenship and Immigration Canada, SIN card verification from Human Resources Canada along with verification from Revenue Canada is confirmed) before any services are given. Thirdly, illegal immigration is viewed as undesirable on security basis because it allows into a country someone who may constitute a threat to it.

Illegal immigration is also viewed as undesirable since it is hard to distinguish between illegal immigrants and permanent residents as it is placed at the same level with the three current forms of migration: ∙migration for permanent settlement, ∙refugee movements and ∙temporary migration for visit, work or study (Freda Hawkins, 1991:195). Illegal immigration is a complex and volatile situation because Canada does not have data on every person that enters – only those who enter lawfully; thus, tracing identifications for verification purposes, plus the inability to keep abreast with the many illegal individuals entering is not only impracticable but is costly and time consuming. To keep abreast with large-scale migration, the ability to control and manage immigrants’ entry should not only be “vested in the government of Canada…”(187), but every agencies including law enforcement.

Large-scale migration poses a threat to internal and national security and for law enforcement in general. Samuel Francis (1986) declares that entry into and exit from a country is regarded as pertinent to the security of the country’s government and citizens (1). The government of Canada is making every attempt to control illegal immigration by exercising control over its entries. A report on illegal immigrants in Canada in 1989 recommends that the government to carry out a major review of the list of visa-exempted countries and remove all the countries except the United States (Howard Adelman, etal: 1994, 286). At present, Canada only exempts a little over 60 countries from any visa requirements. Given the fact that some people will enter Canada and remain illegally, it is only logical to anticipate a strategy of detecting such people and removing them promptly.

APPREHENSION STRATEGY

Many people are apprehended yearly because they violate certain immigration laws, such as usage of false or improper documents to enter North America, and the abuse or violation of the conditions of a lawfully obtained visa. The largest number of apprehension to be recorded was in the 80s where over one million people were deported from the United States. Border apprehension according to Doris Meissner, etal (1993) reached an all time high of 1.6 million people in the 1980s (29). Canada employs a small number of immigration inspectors that are assigned apprehension responsibilities. In 1991 about 4,500 illegal immigrants were removed as a result of the apprehension program than in former years (Howard Adelman, etal, 1994: 287).

Table 1 illustrates the amount of apprehension in Canada between 1989-1991.

In Canada if the relevant government departments become conscious of the presence of illegal immigrants, it will be better able to move more efficiently in apprehending them. A recommendation would be to undertake a ‘morning raid’ on places likely to harbour or employ them. A case in point is that of Ray Plunkett who was almost apprehended by immigration officials at his work place in Mississauga, Ontario. Ray came to Canada in 1992 and violated the terms of his visa by overstaying. He recounts the time while working one morning, in a clothing factory in Mississauga, he heard a watch guard (a person enlisted to watch for law officials) screaming that immigration was near the building. In a rush and mayhem every illegal person scrambled to hide; while some were successful in their getaway some were not.

One morning while working in a clothes factory I heard a loud commotion and one of the guy’s shouting, “immigration, immigration, run, run….” Many people started to disperse because there were several illegals that were working there without a work permit and we were scared. My boss is a kind man, and we didn’t want to get him in trouble, for at the time he would have been fined a large amount for aiding and abetting illegals. I remembered jumping into a barrel at the back of the factory. They [immigration officials] came in the room looking but didn’t suspect that I was there. I never prayed so hard as I prayed that day. It was one of the scariest moments in my life and can you imagine being deported back to Guyana with just the shirt on my back? That day, about four people were apprehended and pushed into an unmarked van. Everyone had to identify themselves to the officers or else get thrown in the van. Usually the ones [immigration officers] wear regular clothing so you can’t recognize them easily. Anyway, over the years, I’ve come to have a second-sense of cautiousness. I came here to make money to send to my family, and I wasn’t going to let them catch me before I was ready. Boss man was not even upset that he was fined, but was upset that they took three good, dependable workers. From that day on there was always a lookout person, and those who were illegals were made to work at the back of the factory. Boss man was also more cautious when it comes to hiring illegals, but even so, he still employed them because he was able to get away with many tax restrictions and pay cheap salaries that no Canadian would feel comfortable with.6

Workplace raids can be a good way of catching illegal immigrants. However, adding to the realism, it can be disruptive, affecting citizens, legal residents and undocumented individuals alike.” Shelly Carey 7 who came to Canada for economic reasons also recalls a similar situation where she was nearly apprehended by immigration officials in a home on Lansdowne Avenue in downtown Toronto. She recalls getting a telephone call warning her to get out of the house. The person on the other end of the phone, she says, informed her that a person called immigration officials to search out the home because of the prevalent drug use and sale. Unfortunately, Dawn along with two other persons, who were illegally residing in Canada for several years, were detained and questioned by three men from Immigration Canada. Shelly points out that the officers came in an unmarked white van, wore regular attire and could be mistaken for businessmen. Subsequently, she was confronted with unnecessary oppressive situations, which later instigated her move to another residence.

Each day, many illegal individuals experience exploitative situations that they have no control over and these situations are oftentimes work or home related or a combination of both. In the work environment they are exploited through low wages, especially if the employer is aware of the their immigration status.

ISSUES OF EXPLOITATION

Let us not be ignorant to the fact that a number of immigrants are exploited everyday, which is why some prefer to live on their own because they feel that the less people know about them the safer they feel. Usually most illegal individuals mix in and blend in within the community because they believe that the stigma of letting others know that they are illegal mean they will eventually be exploited. To fit in, most people will not report exploitive situations, such as, labour market activities, sexual harassment and/or rape for fear of apprehension and/or retaliation. Several studies have attempted to address the issues of exploitation, but it is very difficult to get data on the number of scenarios because there is insufficient data. Therefore, knowing the actual statistics of those illegal immigrants that are exploited is, “…hampered by the absence of systematic and reliable data” (Barry Chiswick, 1988: 4). Exploitation can occur at various stages and in different circumstances as with the Mexican nationals who believe that they have lower earning power than any other person. Statistic shows that illegal immigrants, especially those from Mexico in America, have a lower occupational attainment and lower earnings than workers in general. “Exploitation is usually not defined, but is…thought to mean the payment of sub minimum wages or the payments of wages lower than their productivity…” (98). Thus many of these people not only face sub-standard living conditions, but less upward mobility in the work force.

Illegal Mexicans believe they have little or no upward mobility in the work force and therefore a number of them feel stagnated because they are not able to utilize their skills. Although numerous of them get salaries below minimum wage, some are able to get better salaries because the employer is not aware of their immigration status. The ones that get low wages might feel reluctant to draw attention to themselves by openly accepting a promotion. Nonetheless, there is upward mobility if the individual is dishonest by readily accepts a promotion. Studies indicate that the longer illegal immigrants reside in Canada or America, the more likely it is for them to work in more skilled positions that have higher earning power (Barry Chiswick, 1988: 99) after their immigration status is changed. However, this does not change the fact that presently a lot of illegal Mexicans still feel that they are at bottom of the wage scale when compared with other non-Mexican illegal resident.

David North and Marion Houstoun (1979) surveyed 800 illegal immigrants in 1975 and reported that 16 percent felt they were paid lower wages. 8 North and Houstoun observed that this belief was uncommon among non-Mexican illegal individuals, who felt comfortable with their salaries and who believed that, “illegals who reported exploitation…were almost twice as likely to have been in the United States less than two year…” (103); except more than half the samples of illegal Mexicans were already in America more than two years. Further findings suggests that the greater perception of exploitation among illegal immigrants stems from the fact they compare themselves with legal workers who have been in America for several years, rather than with recent immigrants. In addition, illegal immigrants that were in America for several years have a greater degree, particularly if they are not in the “economically depressed border counties” (102) of finding jobs in which their skills are most highly rewarded.

The hypotheses whether illegal Mexicans women were more underpaid were also expanded on by Rita Simon and Margo Deley (1984). Both researchers surveyed legal and illegal Mexican women in Los Angeles, and asked the respondent if they felt they had been discriminated against in the labour market on the basis of their nationality or immigration status. In the sample of illegal residents, 20 percent reported discrimination and nearly half reported that their employers knew of their illegal status when they were hired. Fascinatingly, among those in the control group of legal status, 20 percent also reported discrimination. The results proved that there were no differences in perception of discrimination.9

Both these findings suggest that it is inappropriate to characterize illegal immigrants as being locked into low-wage dead-end jobs and as not having any job mobility that they are susceptible to employers’ exploitation. Data also suggests upward mobility with length of residency. Thus, some illegal immigrants’ wages tend to be low by American standards not because of their immigration status but because of their low skill levels (Barry Chiswick, 1988: 104), which satisfies the labour market demand for paying cheap wages. “The continued influx of undocumented immigrants,” as reported by Peter Kwong (1997), “satisfies this country’s need for cheap, docile, and unskilled labour” (161). Like war on drugs, and crime, the issue and debate of illegal immigration, issues of exploitation, and the political rhetoric it inspires is causing some people to think that Canada and America is housing illegal immigrants who are a security threat, especially after the terrorist attacks in America.

After September 11, 2001 terrorist attacks, many illegal immigrants in America were arrested and manhandled. United Nations reports that many Mexican nationals were arrested under “Operation Access Denied” that was implemented to identify illegal immigrants. In North Carolina over 300 individuals who worked at Charlotte’s airport were identified as illegal immigrants. Sixty-six of them were charged because they had obtained security clearances, which gave them access to planes, ramps, runways, and cargo areas. The popular belief was that the security badges they wore made them vulnerable to being blackmailed by terrorists. After apprehension, many accepted a plea bargain that allowed them to plead guilty to misdemeanor and then be released from jail in exchange to being turned over to INS for deportation back to Mexico ().

This case scenario indicates that there is low tolerance towards illegal immigration to the extent that when illegal immigrants find themselves in circumstances beyond their control, such as the ones described above, government officials and the public at large exploit them. It should be pointed out that though some of them may have never committed any crimes it is not to say that some are not guilty of other offenses. However, every person that is physically in Canada and America, no matter their immigration status, has certain rights under the law. In American illegal immigrants are able to apply for asylum whether he or she is arrested. “Any illegal alien arrested…can…apply for political asylum” as pointed out by Kwong (165). Although numerous laws govern the handling of illegal immigrants when apprehended, data indicates that law officials from time to time may deal with these cases harshly. As a result, simply border crossing, or entering without proper documents can become detrimental for some individual because many states in America consider these infractions criminal.

ILLEGAL IMMIGRATION: A CRIME OR AN OFFENSE

Several States consider illegal immigration to be a criminal offense that is punishable to the fullest extent of the law. But should simple crossing the border in search of work inflict such harsh penalties? On one hand the law treats illegal immigration, “… as a crime justifying the state in imposing tough, far-reaching sanctions, which may include fines, imprisonment and permanent exile for…aliens and fines or imprisonment for…employers…” (Peter H. Schuck, 2000: 197) that hire illegal individuals. On the other hand, the public does not regard border crossing a reprehensible crime that warrants severe punishment. In fact, Schuck asserts that while the law may condemn illegal immigration the public sees it as just a “victimless offense” (198) because, although, the person might break the law, it does not directly harm anyone. “Because there are no complaints to … punish particular offenders and to provide evidence of the offenses to prosecutors, the offenses are hard to detect…employers and landlords who know about the illegal conduct are often the ones who benefit most from it” (199). The law demands enforcement because of the:

“Burden that tens of thousands of [illegal immigrants] wreck on American [Canadian] workers, (such as taking their jobs, reducing their wages, eroding their labour standards and weakening their unions), local communities (by consuming scarce public services), and the national polity (by threatening our sense of sovereignty and control)” (ibid).

Samuel Francis (1986) also purports that the laws are strict because illegal immigration has many economic effects, which includes the degree to which immigrants take jobs from legal citizens (1). It is an area of concern, not only for the reasons noted, but also for those illegal women that bear children then become dependent on an already strained welfare system to provide the basic necessities, such as food, clothing and shelter, for them to survive. Also, far from Mexican nationals crossing the border into America, human trafficking has become a global crisis than all other forms of illegal migration.

HUMAN TRAFFICKING

Given the warn welcome Canada provides people it hardly seems possible that new arrivals would want to leave Canada and head to America. Yet the fact is, hundreds of foreigners are constantly sneaked into North America through Canada. As a result, the Canadian government has made this a criminal offense. Human trafficking is an indictable offense that is punishable by law under Canada’s Immigration Act. Any person that knowingly organize, induce, aid or abet fewer than ten people who are not in possession of a visa, passport, or other documents required by the Immigration Act is liable to be fined for more than $500,000 or a term of not more than 10 years, or both. For subsequent offense a fine of not more than $1,000,000 will be levied and a term of not more than 14 years imprisonment. In addition, a person will be charged more than $1,000,000 and a term of imprisonment of not more than two years for summary convictions. The penalty for aiding and abetting 10 or more people is a fine of not more than $1,000,000 or life imprisonment. 10

Smuggling humans has become the single “greatest national security threat” (Peter Kwong: 1997: 71). The United Nations reports that it is a multi-million dollar industry with Chinese nationals making up a large portion of the industry. “Trafficking human beings has become a $13.6 billion dollar industry…” (http://web2.infrotract.galegroup.com). Across China, North America is referred to as the “Golden Mountain.” It is believed that hard work can yield the possibility of upward and social mobility, which includes financial stability; and, according to Kwong much illegal immigration into North America from China is, “pushed by the massive social dislocations created by rapid economic development” (9) and various other factors such as job seekers in search of employment opportunities. Many Chinese nationals are mostly jobseekers in search of a better future and as a result, many willing pay large sums of cash to illegally enter North America. The poorer classes of people are not the only one wanting to leave China, but all social class of people will pay large sums of monies to be smuggled into North America. Kwong suggests that one does not have to be at the “bottom of the social strata” to want to leave China (67). However, to be smuggled into North America does not come cheaply.

It cost an individual ten of thousands of U.S dollars and there are no guarantees that the individual will reach American soil successfully or safely. The fee escalated each year reaching $33,00 in 1989 (165). Human trafficking is a risky venture and many people only feel confident once they are on American shores and, if they are not caught by the U.S. Coast Guards, who are aware of the human smuggling ring. Subsequently, most of the ships that smuggle people in are, for most part, intercepted by U.S. Coast Guards on American shores.

“…When the ship was just a few hundred yards from the Rockaway Beach, U.S., [it]…ran aground. The lurch of the ship’s bow digging into a sandbar brought the illegals out on deck…They gazed longingly at their dreamed-of shore, knowing that with the sun would come the American authorities, and then maybe jail or deportation. Their months of seasickness in the rusty hold, subsisting on little more than rice and water, paying… thousands of U.S. dollars for their passage… [If caught everything] would all go for naught [instead] …they jump into the chest-constricting, fifty-three-degree water to swim [undetected] the last few hundred feet to America.” (2)

Although many of them successfully cross the borders undetected many are not so lucky because each year border patrol personnel apprehend hundreds of illegal Chinese nationals. “A major smuggling operation that brought Chinese through Canada destined primarily for New York City was broken up” New York Times reports (December 1998: A3). The operation, dubbed "Over the Rainbow II," identified 47 illegal smugglers and took 35 of the ringleaders into custody. New York, Pennsylvania, Canada, and the St. Regis Mohawk Territory are familiar areas used to smuggle illegal immigrants (ibid).

Smugglers often time use a variety of resources to smuggle people into North America. For instance, they may enlist people to house and feed the illegal immigrants or have underground associations that will take the individuals from point A to point B, etc. They usually send their clients through less enforced American borders through Canada (Peter Kwong, 1997: 170). Thus, Canada is mostly used as a way station en route to their final destination, which is New York City. Canadian officials are trying to apprehend these individuals, however, a common tactic used by most Chinese nationals is to declare refugee status in Canada, and then to eventually slip into United States (http://web2.infotrac.galegroup.com/itw/infomark). In addition, most of them will seek political asylum once they reach America. Political asylum means a complement of exclusion and deportation hearing before immigration judges and endless legal appeals, which taxpayers’ monies pay. It also deters or slows the process of removal from America. Apparently, human trafficking is such a successful business enterprise for the smugglers because a lot of them have become rich because they become loan sharks and consultants to individuals who have no type of sponsorship in North America.

“…Many smugglers now act as bankers, extend loans to illegals with which to pay their snakeheads and thus maintain the cash flow and profitability of the human smuggling trade. Smugglers are in a position to set up financial institutions that can grant loans to would-be illegal immigrants who have no relatives to sponsor them financially. Their justification is that as long as the illegals come to the United States, get jobs, and generate income, they will be able to pay their transportation fees… ” (168).

Human smuggling, according to some, may have started because of the marketing economy of commercialization and borderless societies that have allowed people to move from place to place in search of higher wages and better economic opportunities. Kwong deduces that it is most profitable for smugglers to arrange a trip to North America. As a result of the huge profit in the smuggling business, this has attracted some of the most “sophisticated operators in international organized crimes” (70) known only as the snakeheads.

SNAKEHEADS

The snakeheads are a network of people who smuggle people to any destination in the world. “Chinese organize crime has developed human smuggling to a global business, shepherding some 100,000 people per year to a range of destination including…Canada, and the United States….” (Peter Kwong, 1997: 73). The snakeheads charge as much as US $25,000 and up to sneak job seekers into various countries. Smuggling fee is either pay in full or in installments or through loans from either the individual’s relatives or the snakeheads themselves. The snakeheads are a syndicate with partners all over the world. A typical scenario is for:

A person pays up to or over $25,000 to be sneaked into America; the snakeheads have their Yakuza scout out quiet landing sites and use walkie-talkies to help guide the boat full of people safely to shore, where buses or trucks await to whisk them off to the cities where they quickly find jobs in the underground economy (73)

The Chinese smuggling network operates mainly in the Caribbean Seas, taking advantage of many defenseless border crossings. They provide individuals with false documents to enter a country. “Chinese trafficking ring will… provide… illegals with false documents to enter… America” (74). The network has many cohorts such as private organizations that are set up to illegally ship people to their destinations. Sometimes these organizations ship Chinese nationals legally as their employees to do business in North America or Western Europe. An illustration is when a Chinese restaurant in Prague successfully employed over 800 people, although the restaurant only had eight tables, it was later reported that these 800 people were shipped to Germany.11 In the past, human smugglers only provided assistance in border crossing to sneak a client across the U.S/Mexico border. Today, smuggling services are more comprehensive and sophisticated and their package include passage out of China to a transit location and transportation to final the destination (75).

Illegal Chinese immigrants in North America are, for most part, influenced (to enter and remain) because of economic opportunities. Therefore, ethnic orientation is not an important dynamic for migration trend. What is important, is that the true reasons for illegal immigration, whether of Chinese nationals or any other nationals, can never be measured, but assess on an individual basis. These reasons are sometimes rooted in economic hardship in the country of citizenship, which oftentimes, is largely attributed to function of circumstances (such as political, ideological, religious, economical, etc.) beyond their control; and where these people resettle, for example, determines the accessibility and types of jobs opportunity that will influence household income and economic possibilities.12

CONCLUSION

Reasons to migrate vary from migrant to migrant and most illegal immigration occurs because of foreseeable economic gains in Canada and America, and it has no particular ethnicity and does not concern itself with skin colour or race. Chinese nationals see North America as the “Golden Mountain” filled with financial prospect; a place where upward mobility is accessible through education and hard work; a large numbers of them smuggled in are mostly seeking jobs. In addition, nearly all visitors become illegal immigrants because of economic opportunities, which may be generalized as things that symbolize success. More often than not these individuals violate the terms of their visa to unlawfully remain in North America. In many instances these visitors are neither proactive nor knowledgeable about immigration procedures regarding visa extension, and, are scared that exposure to immigration officials could result in apprehension. These confounding fears oftentimes are not justifiable because in several cases they are either given a visa extension, or in worst-case scenario, are given departure dates to leave Canada without having a deportation stigma added to their records.

The need to keep track of people, who enter surreptitiously, like individuals with counterfeit and improper documents, as with the Mexican nationals, has to be dealt with on a case-by-case basis. Governments seeking to control illegal immigration within its ports of entry and borders can tighten its entry by establishing a system that recognizes bogus identification and fraudulent applications and have measures set in place to effectively keep out those perceived as undesirable. Canada’s immigration security and border control has become stringent with fewer people being allowed inside. Needless to say, if an individual is refused a visa, or permission to enter, then being smuggled into North America is the other alternative to enter.

Each day attempts are being made to resolve issues of illegal immigration. But as we see, human uprootedness, marketing economy of commercialization and borderless societies, has so far, render this impossible (at the moment) in an age where immigration trend has become the norm. To combat these issues, immigration and law officials are strategically following processes such as raiding places that house or harbor illegal immigrants, following apprehension strategy to catch individuals who violate immigration laws, removal and deportation orders for expediently removing criminals, and fines and/or imprisonment for people who assist, organize and encourage human trafficking. Finally, illegal immigration has become a major social phenomenon and many countries are seeking ways to curtail and combat this crisis; and although immigration laws are enacted to prevent people from abusing the system, this does not deter the flow and trend of illegal immigration into Canada and America.

NOTES

Saudi, Mani. Immigration Matters, Toronto, Share Magazine, 1993,

See W.G. Robinson, “Response to the Report entitled: Illegal Immigrants,” Issue Paper, Feb. 15, 1983, pp: A80.

Audrey Thomas sponsored herself under humanitarian and compassionate grounds and was successful in her gaining landing status in 1999. She is now a Canadian citizen and resides in Hamilton, with her husband.

See “Offenses Related to Documents,” Immigration and Refugee Act, 2002, 122(1) pp: 42.

Pauline Cole was unsuccessful in her application with Citizenship and Immigration Canada. She now resides in the United States.

Ray Plunkett married his high school sweetheart in Canada and eventually got his permanent landing. However, this marriage was not successful. Today Ray is married to Olga, who he is sponsoring, and resides with her and their child in Toronto.

Shelly Carey has not yet received her landing status in Canada. Currently she is seeking legal advice and is hoping to sponsor herself under humanitarian and compassionate grounds in 2004.

See David North and Marion F. Houstoun, “The Characteristics and Role of Illegal Aliens in the United States Labour Market: An Exploratory Study” (1979).

See Rita Simon and Margo Delay, “The Work Experience of Undocumented Mexican Women Migrants in Los Angeles,” published by International Migration Review, (1984) pp: 1212-1229.

Refer to) on Human Smuggling and Trafficking, 2002, 117(4) pp: 41.

“Chinese Migrants in Central and Eastern Europe: The Cases of the Czech Republic, Hungary and Romania,” published by Migration Information Programme, Budapest, Hungary, Sept. 1995, pp: 2, and also in New York Times, June 14, 1995, pp: A12.

See Robert L. Bach and Rita Argiros, “Economic Progress Among South East Asian Refugees in the United States,” in Adelman (1991), pp: 322.

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