Immigration officers to look for illegal immigrants in women’s shelters, says CBSA

Experts weigh in on implications of new immigration policy

A new policy allows Canadian immigration officers to enter women’s shelters to arrest illegal immigrants. Jordan Janisse

A new Canadian Border Service Agency (CBSA) policy is being hotly debated among those in local women’s studies and shelter communities.

Because of the policy, which falls under the Immigration and Refugee Protection Act, Canadian immigration officers are now able to enter women’s shelters to arrest illegal immigrants.

CBSA defines an illegal immigrant as any foreign national who does not have the authority to be in Canada.

Kelly Saunders, assistant professor at Brandon University’s gender and women’s studies faculty, questions the policy, which came into effect Feb. 11.

“This is a violation of women’s rights, as far as I’m concerned,” Saunders said. “To treat potential danger to national security as a more immediate threat than women’s physical protection suggests that our country does not value women’s physical safety. We are sacrificing the idea of an immediate threat for the idea of an abstract threat.”

Dr. Annette Lapointe of University of Manitoba’s faculty of women’s and gender studies contends that the new policy has two significant implications.

First, it may mean that women will not feel secure when making the choice to enter shelters.

Lapointe noted that women consider shelters because they are confidential and safe and that policies like this bring abused women to see shelters as unsafe.

Second, abusive partners may threaten to notify immigration officers in an effort to keep spouses from seeking help.

We are sacrificing the idea of an immediate threat for the idea of an abstract threat.

Kelly Saunders, assistant professor of gender and women’s studies, Brandon University

“If an abusive husband knows his wife is in a shelter – and is a refugee – he can blackmail her,” said Lapointe. “Thus, for a small group of women, their dependence of staying in the country depends on staying in an abusive relationship.”

Esme Bailey, spokesperson for CBSA, explains the need for such a policy.

“Prior to Feb.11, 2011 there did not exist a CBSA national policy on entering a women’s shelter for enforcement purposes,” Bailey said. “This addresses a gap by providing and establishing requirements with regard to the need for officers to exercise good judgment and sensitivity in situations where their investigation involves women, and their children, who may be fleeing violence.”

Bailey also noted that immigrants must pose specific threats before being investigated.

Investigative efforts tend to focus on situations where national security, organized crime, crimes against humanity and criminality are involved, she said.

Jen Kehler, the provincial coordinator for the Manitoba Association of Women’s Shelters (MAWS), stated that the policy will not affect the way women are treated in shelters.

“At this point we are not required to ask women if they are living in Canada legally,” she said. “We stick with our responsibility to the safety concerns of all women, including illegal immigrants.”

According to Kehler, all shelters follow strict protocol when allowing anyone other than staff, expected visitors and clients into shelters.

The policy will have no effect on these procedures.

Immigration officers will have to call in advance, verify who they are and confirm that they are able to visit a shelter.

Saunders, though, questions the reasoning for the implementation of the policy.

“I would like to see the data that the minister is basing this policy on,” she said. “Why is this happening now? I can’t imagine that suddenly we have thousands and thousands of women sneaking into the country.”

Published in Volume 65, Number 21 of The Uniter (March 3, 2011)

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