“A nation without borders is not a nation”. That is the opening line of an advisory issued by the
U.S. Department of State on May 15. It goes on to say, “Our government prioritizes the
prosecution of offenses for illegal entry and illegal presence in the United States, as well as
criminal offenses by foreign nationals.”
While this statement may resonate with a particular political base in the United States, it also
affirms a principle universally upheld. That principle is: every country has the sovereign right to
enforce its immigration laws.
Caribbean countries, like all others, expect their immigration laws to be respected. The United
States is no different. It is neither extraordinary nor unjust for a government to arrest and
deport persons who breach the terms of their stay. That is the rule of law, and it applies
regardless of origin, including to nationals of Caribbean Community (CARICOM) states.
The facts are clear. With the exception of Haiti, whose unique economic and political fragility
forces a flow of asylum seekers, CARICOM nationals are not part of the mass refugee or
irregular migration trends into the United States. However, there is no denying that a number
of CARICOM nationals enter the U.S. on legitimate visitor visas and then make the deliberate
decision to remain beyond their authorised stay. In doing so, they step outside the bounds of
the law and assume the risk of arrest, detention, deportation, and a permanent bar from re-
entry.
When this happens, the diplomatic reach of their home governments is limited. The most that
Embassies and Consulates can do is to engage with U.S. authorities, particularly Immigration
and Customs Enforcement (ICE), to ensure that their nationals are treated with dignity and in
accordance with international human rights norms. What foreign missions cannot do is shield
those who have wilfully violated the laws of the United States.
The recent advisory issued by the U.S. government is unambiguous. It states that foreign
nationals who overstay their visas may face arrest, incarceration, deportation, and permanent
bans. It goes further to announce “an historic opportunity” for those unlawfully present to
voluntarily leave the country, with the possibility of receiving financial and logistical assistance
to do so – provided they register via an Internet App, set up by U.S. Customs and Border
Protection.
This is not rhetoric. U.S. President Donald Trump campaigned on a promise to stop illegal
immigration and irregular border crossings. It was a key plank of his re-election platform and
one that resonated with millions of voters. That pledge is now being aggressively implemented,
and there is little political appetite in the United States to challenge it. Foreign nationals –
Caribbean nationals included – should take this reality seriously.
There are many legitimate reasons to travel to the United States: tourism, business, specialised
medical care, and education, among others. But those who abuse their visas cast a long shadow
over others whose intentions are lawful and honourable. Worse still, they jeopardise the
credibility of their countries in visa issuance processes, and they create burdens for their own
diplomatic missions, who must deal with requests for assistance with limited resources and
within the confines of U.S. law.
Equally important, the recent advisory warns that the U.S. “will not tolerate those who facilitate
illegal and mass immigration.” It states quite clearly that new visa restrictions would be placed
“on foreign government officials and others deemed complicit”. The message is blunt: countries
that fail to act responsibly in discouraging illegal migration may see broader consequences.
We in the Caribbean must be clear-eyed about the global context of migration. The hardening
of immigration policy in the U.S. and Europe will have knock-on effects, globally, especially to
countries such as ours which are doing better than most economically. We may soon see an
increase in people attempting to enter our own countries – some seeking asylum, others simply
looking for work as migration avenues close elsewhere. Our economies, already fragile, will not
be able to bear such strain without careful planning and legal safeguards.
Many of our countries are also tourism-dependent. They will have to exercise special care and
put judicious mechanisms in place to identify genuine tourists and business visitors from
potential illegal immigrants. Immigration systems will have to be fortified – not to close borders,
but to manage them with fairness and foresight.
At the same time, there is room for constructive diplomacy with the U.S. and other countries,
such as Canada. The labour shortages already emerging in the U.S. in hospitality, construction,
and agriculture offer an opportunity for dialogue on regularised seasonal and temporary work
programmes. CARICOM countries could benefit from well-managed migration frameworks that
provide legal pathways for temporary work and return, ensuring the interests of both sending
and receiving states are met.
The path forward should be neither protest against U.S. efforts to end illegal immigration nor
denial that such violations exist. It should be grounded in realism and responsibility, coupled
with creative proposals that open channels for legitimate, temporary work opportunities and
the assured return of Caribbean nationals.
(The writer is Antigua and Barbuda’s Ambassador to the US and the OAS. He is also the Dean of
the Ambassadors of the Western Hemisphere Group accredited to the U.S. The views expressed
are entirely his own. Responses and previous commentaries: www.sirronaldsanders.com)