Prime Minister Justin Trudeau has highlighted the necessity of creating a pathway to official status for immigrants in Canada while also expediting deportation procedures for certain cases. This statement follows concerns from advocates for gender and sexual minorities, who argue that the absence of a regularization program leaves many without official status vulnerable to exploitation.
During a press conference in Winnipeg on May 17, 2024, Trudeau acknowledged the complex situation faced by immigrants without official status. “People who aren’t here regularly need to be supported and taken care of,” he said. “There needs to be either a pathway towards regularization and citizenship, which I know the immigration minister is working on. In some cases, we need to accelerate deportation proceedings.”
The Liberals had promised in 2021 to explore ways of regularizing status for undocumented workers contributing to Canadian communities. However, Trudeau admitted there is no concrete timeline for implementing these measures.
Advocates have voiced that gender and sexual minorities are disproportionately represented among those lacking legal status. Swathi Sekhar, a lawyer with Rainbow Railroad, pointed out that discrimination within legal systems and refugee protection groups exacerbates the situation for LGBTQI+ individuals. “There are LGBTQI+ people that are being deported to places where they may be killed,” Sekhar stated during a Toronto news conference. “This kind of regularization scheme could literally be life-saving for many LGBTQI+ migrants who are in this country.”
Parvinder Singh Sandhu, Senior Director at WWICS Group, expressed mixed views on the proposal.”While I appreciate Prime Minister Trudeau announcing measures for giving status to people who have been in Canada for some time, it is important to realize the cause and effects of immigration on the economy, jobs, cost of living, housing costs, interest rates, and the quality of life in Canada. These factors go hand in hand with immigration policy.
“Due to the potential far-reaching effects that such decisions could have on the quality of life in Canada, the government must take such decisions upon weighing them very carefully and after undertaking a thorough and meticulous analytical exercise. Any such plan must further be implemented with a proper workable logistical plan in a phased manner.
“The government must realize that at this particular juncture, its immediate attention and focus should be on the economy, jobs, housing costs, cost of living, interest rates, and quality of life in Canada, which is already in a very bad shape. These issues need to be duly addressed with workable solutions to bring them to acceptable norms and standards.
“Furthermore, the government must focus on the selection of the type of immigrants that Canada should welcome. This must include, above all, entrepreneurs and businesspeople who will bring their business acumen, expertise, and finances to invest in Canada, creating jobs and boosting the Canadian economy. Investor immigrants who will bring huge investment funds into Canada should also be prioritized. Both these programs were shut down by the government over a decade and a half ago. Besides this, professional and skilled immigration, particularly in areas where there are acute shortfalls, must be promoted instead of promoting student visas, which have been done in the past to an astronomical magnitude. Therefore, there is a dire need for the government to pay greater attention to the quality of life of Canadians and to have an immigration policy that contributes significantly to the Canadian economy or at the very least adds value to it rather than becoming a draining factor.
“I certainly hope this proposed action entails Prime Minister Trudeau having the best interest of Canadians at heart and not a move motivated by political advice for gaining popularity among immigrant Canadians, mimicking his father, Prime Minister Pierre Trudeau’s Adjustment of Status Program in 1973, which brought him tremendous fame and popularity.”
Immigration Minister Marc Miller is expected to present a proposal addressing these issues before Parliament’s summer break. The office of Immigration, Refugees and Citizenship Canada (IRCC) describes undocumented people as those who have overstayed temporary visas, stayed after rejected asylum claims, or entered Canada without notifying authorities. Estimates of undocumented immigrants in Canada vary widely, ranging from 20,000 to 500,000.
The Migrant Rights Network highlighted the issue on International Day Against Homophobia, Biphobia, and Transphobia, emphasizing the dangers faced by gender and sexual minorities without legal status. Sarom Rho from the Migrant Workers Alliance for Change urged for a regularization program without a cap on eligible people and an immediate halt to all deportations. “Queer, undocumented people are facing deportation to countries where same-sex relationships are criminalized, conversion therapy still exists, and in some cases death penalties are legalized,” Rho said.
Several undocumented immigrants shared their experiences, underlining the risks they face. Charles Mwangi, a bisexual man from Kenya, has lived in Canada for nearly five years despite having his refugee claim and appeals denied. He fears for his life if deported back to Kenya, where he could be killed for his sexual orientation. Similarly, an undocumented healthcare worker from Uganda, using the name Jane for safety, expressed her fear of deportation due to Uganda’s harsh laws against gender and sexual minorities. “When I walk down the streets and I see police, my heart starts racing because I’m afraid to be stopped and deported,” Jane said.
Government Initiatives
The Canadian government has implemented short-term pilot projects to address some of these issues. The Guardian Angels program, initiated during the COVID-19 pandemic, granted permanent residency to 8,500 pending and failed refugee claimants who worked in direct patient care, along with their family members. Another program, the Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area, has allowed 441 workers and 588 dependents to access permanent residency as of last August.