Public asked to comment on return of deportees

| 18/04/2011

(CNS): The government is now circulating the proposed amendment to the immigration law that seeks to define how deportees and banned immigrants can return to the country. The Portfolio of Internal and External Affairs Chief Officer Franz Manderson said there was a need to formalise the process and provide transparency and consistency in decision-making, because at the moment there are no hard and fast rules about how people can return. The public is asked to review the new amendments and provide input on how those who have been kicked out of Cayman as a result of crime or immigration abuses can apply to come back. At present there are no time lines, frequency limitations, formal application processes or eligibility criteria.

“The system is totally unregulated and open to abuse,” said Manderson, who explained that people are applying to return almost immediately after being deported. “If that request is refused, the person may reapply at any time and Cabinet is required to consider the new request.

The wider public is now being asked to review the proposed amendments, which were published in the Cayman Islands Gazette # 8, dated 11 April 2011 or available at the Legislative Assembly. (See below)

The proposed measures would create minimum exclusion periods that are based on the seriousness of the offences committed by the individuals. Until this minimum period has elapsed, no applications for permission to enter the Islands will be considered. For the most serious offences, such as murder, rape, arson, drugs offences, and grievous bodily harm, people will not be able to apply to enter for a minimum of 30 years from the date of deportation. For crimes such as fraud or handling stolen goods the new law proposes an exclusion period of 20 years. For consumption or simple possession of a controlled drug, common assault, or immigration offences, people may apply after having been outside the jurisdiction for 10 years, the amendments suggest.

However, those with Caymanian family connections would be treated differently under the proposed Bill. In most of these cases, the minimum exclusion period will be one-third less than the period prescribed for persons with no local family connections. “Caymanian family connections” refers to a deportee whose mother, father, spouse or child possesses the ‘Right to be Caymanian’, in other words those with Caymanian Status.

Manderson said that, regardless of family ties, in order to maintain a meaningful deterrent, the absolute minimum period before which persons may apply for entry should be no less than 10 years.

The new law includes provisions for an advisory committee, which would assess applications and conduct comprehensive background checks on applicants before making recommendations to Cabinet.

This committee would comprise the deputy governor, chief immigration officer, commissioner of police and a mental health professional. “This board would enable a much more in-depth examination of applications by specialist personnel,” Manderson added.

The bill also addresses the risk of allowing prohibited immigrants or deported persons to re-enter the Islands and to monitor the people when they do return. When permission to enter or return is granted, a probationary period of one year would be imposed. In the event that the individual offends during this period, they would be deported immediately and prohibited for an indefinite period from returning.

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Comments (23)

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  1. Anonymous says:

    This is totally the wrong road to travel, by returning persons that have committed a crime in these Islands. An open invitation to Criminals back on the Islands is not the way normal people would be thinking.

    Would the Government be in a position to know what other crimes have been committted after their repatriation??? It is amazing how persons with Status,. Residency & Work Permits commit crimes but are left to roam the country. So pathetic to see how we focus on outside criminals and not our own, they have no other Home, My question is, Would other countries that have deported Caymanians invite them back?? No, Time is served and it is a “done deal”.

  2. Puff the Magic Iguana says:

    A 10 year ban for a little puff of a natural herb?  Is that not running counter to the rest of the world which is relaxing punishments.

  3. caymanianfirst@hotmail.com says:

    Why are people pushing the argument that it is ok to break the immigration law but not other laws? if a person on work permit overstays, or walks into Fosters and steals some food (petty theft) they have broken the law!
    They should be deported as this is a stain on their character and not the kind of person we want in this country. we have enough petty thieves etc of our own and do not need to consider bringing back those who are not from here and were convicted here of such crime.
    For the vast majority of Caymanians, we are very careful to obey the laws of another country when we visit otherwise expect consequences.

    Why are we willing to accept a lower standard for our own country??
    At this time when crime is at fever pitch in Cayman why is the government even considering such insane legislation?
    It would be more productive to tighten border security with more regular patrols of our coastline etc instead of making our borders more accessible to convicted criminals.
    Those who break our laws and are deported should not be allowed to come back to Cayman.

  4. Kmanlady says:

    What is Franz thinking about…the reason they were deported was because they committed a crime that warranty deportation…I say leave them where they are because they do not deserve a second chance…They are not one of us…
    Why is’nt Franz asking for second chance for our youths who are lock away at northward with no hopes of been accepted back into society because they got caught smoking a joint of ganga..they are the ones who needs to be given a second chance…Please do not allow any more criminals to return to our beautiful Island…we have some here now that needs to deport…and forget about status been issue by cabinet and can’t re revoked…Shame on you Franz and anyone else that is thinking the way you do…Charity begans at home…
    OUR OWN (CAYMANIANS) COME FIRST AND FOREMOST.

    • Dennis says:

      Thank you Franz,

      Don’t be put off by the people who obviously are not reading the law or the article. Folks why do you believe requiring a serious criminal to be off the island for 30 years before he can even APPLY to return – vs- the law now where he can apply after been off island for one day is a bad thing.

      Thank God Franz and The Government is making these changes..

  5. hands of stoneAnonymous says:

    send them off, never to return. what is franz thinking about, whose big shot buddy wants to come bach?

  6. Anonymous says:

    In my humble opinion there are many more who should be deported and deported immediately without as much as a trial. These include persons who choose to drink and drive and in so doing kill or mame another human, those who have financially abandoned their spouses and children, those who have been given the privilege of Permanent Residency, Key Employee, Status and Employment Rights Certificates and have NOT paid the fees on time and are reaping the benefits of this for free, those who have been found to have imporoper or invalid Immigration or other documents to gain access to live or work here etc. etc. etc.Deportees are AKA “undesirables” and to my knowlege it used to be that this was stamped in their passports by the country they were deported from. We do NOT need any more undesirables here….Keep them deported and give others a chance to respect the privilege of living productive and civilized lives here.

  7. Anonymous says:

    This must be a huge joke!

    1. Crime is the single largest threat to the Cayman Islands at this time and our Government is considering allowing deported criminals back to Cayman?

    2. Not only are they considering allowing them back, but also there will need to be a “Committee” formed to decide on each case.

    3. A probation team will be needed to monitor these criminals to ensure that they are not up to their “old behaviour”.

    4. Our broke Government will fund this additional costs by increasing tax on us.

    Here is my feedback to our crazy politicians: Deport them for 100 years and we will consider their applications on the anniversary of the 100th year.

    TOTAL MADNESS!!!

  8. Ezzard Miller says:

    The Government in this release is being entirely forthright with us on what the proposed bill as presented to the legislative Assembly does.
    Firstly it does not specify any time periods as referred in their press release but simply states for periods to be prescribed, why not place them in the bill.
    Secondly the general public is being hoodwinked as to what the bill does and why the Government needs to change the law and the real reason is that the provisions of section 89 (3) of the current law does not allow the Governor, meaning Cabinet, the right to revoke or resind the deportation order but the proposed ammendment does specificily allow the Governor to allow the person to return permanently. Section 89 (3) of the current law only allows the Governor to varry the order, meaning allow re-entry into cayman for short periods not permanently.

  9. Anonymous says:

    In my opinion, all cases are different.  However, cases where individuals were deported such as Rape or Murder there departure shoud NEVER be revoked!  And others catigorized as minor deportees, i.e. breaking immigration law (overstaying), they should be allowed to visit on a short term basis 1-2 weeks, with regular check-ins at the nearest police/immigration post, fingure printed, dna tests, etc, ONLY if they have children, a spouse, close relatives or property here. 

    • Truthseeker says:

      All cases are different but you make exceptions for murder and rape…….Statutory rape – female victim 15, boyfriend 18. After the prison term. “Victim” marries young man and they raise a family. Both have long Caymanian heritage but husband was born outside of Cayman for medical reasons. The young man is barred for life from returning to Cayman according to your argument.

      Justice?

      Surely all cases should be judged on merit?

    • Anonymous says:

      I agree! I would be happy to volunteer some time to finger print individuals at the airport. Is this a service that can be offered by “special constables”? If so, I’d be happy to apply.

  10. Anonymous says:

    Did anyone read the article or did they just post?

    The reason for implementing a set criteria for exclusion is so that someone just deported can’t be wasting everyone’s time by immediately applying to come back – as they can now.

    If you set out the rules and say don’t even bother asking until 20 years have passed then you don’t have to keep responding to requests to come back before the 20 years are up.

    Its not about opening the doors to the deported, its about making sure they can’t ask before their time is up. Isn’t it?

    • Geeeeeeegoooooooo says:

      Yes but why not send a message that there are some who need not EVER ask. If a rapist does his time and is deported I would rather hear "go away and rot you will never be abe to ask to return" than hear "go away and wait 20-30 years then you can ask to come back". It may amount to the same result, but in the first scenario the gov’t would be sending a stronger message based on principle. 20-30 years might seem like a long time, but what if the deportee is 20 years old at the time. What other country allows this? If the criminal doesnt care enough about his family ties here then you cannot expect the gov’t to change the rules. I mean, we already do it. XXXX So, in reality this argument is a bit useless because it already happens.

    • Anonymous says:

      You have clearly read the post but don’t seem to understand the issue. So what if a deportee can immediately apply, the bottom line is that as the law currently stands politicians cannot let deportees back in, if the law is changed as proposed politicians can let their voters friends that have been deported back in. Duh!

  11. Right ya so says:

    If they were deported/png’d it was done for a reason…..don’t backpedal now!

    Believe me they’re living the high life somewhere else nicely supported by their families back home in Cayman – and some of them still not doing a lick of work – useless then, useless now. 

    Leave them there don’t bring ’em back…

  12. Anonymous says:

    WITH so many things going bad in our country i would like to know why the goverment cannot find some thing constructive to do instead of trying to find a way to bring back criminals, i would to know when a caymanian get deported from a country do they get the chance to go back if you are doported STAY deported

  13. An interested caymanian. says:

    I think the new rules should add an extra 10 years to all the proposed rules with the exception of minor infractions.

  14. Subway Cookie says:

    I agree the circumstances of each individual case may need to be considered instead of a blanket rule, law or policy. In my opinion, if convicted of a crime and deported, stay deported. If your conviction is for a sufficient amount of time to qualify the person for deportation then it should be done. Yes I agree a convict can be rehabilitated, but let that happen in his own country. That person has already proven they cannot be trusted to abide by the laws so apart from the moral rule about giving second chances, what other benefit could we gain from allowing deportees to come back? As for having a Caymanian connection — two effing bad, they didnt consider their family or society at large for that matter when they committed the crime so why allow them back? Sorry two many second chances and slaps on the wrist. The rest of us have to fight and struggle to stay afloat and live honest law abiding lives. Its too bad we can’t deport our own Caymanian criminals too. Realistically speaking, if the laws were amended as above, then under different circumstances people like the two men convicted of murdering Estella Scott Roberts having even the tiniest glimmer of hope of walking freely around here does not sit well with me and the Government needs to seriously consider the safety of the people they allow to come back. Even if someone only robbed another person, if deported and allowed back and seen walking around free is a slap in the face to the victim and a serious opportunity to get even. Back up off this and put effort into more positive and useful mechanisms.

    • Anonymous says:

       These deportees in the first place must have done something dreadful that warranted their deportation.  Why in the he.. would we want to bring them back for, to commit more crime? I dont think that we need any more help to commit more crime in Grand Cayman. How stupid and soft can we get? It was well put together when our dear friend Mr Flowers said that the definition of a Caymanian is generosity, hospitality and extended by stupidity. In other words we are so kind to everyone that it makes us look stupid. Instead of bringing more criminals here we need to get rid of more. I have never heard of a more silly idea. Because somebody wants to bring back someone we are going to open the gate for more, may God help us.

      • Charley Sheeeeeeene says:

        Mac needs to increase the numbers to get enough votes to REMAIN THE BIG DICKTATOR!   he’s promising families something, I CAN TELL YOU THAT.

        Baines start investigating any chances of corruption of  promise  of exchange of status hold for votes.

  15. Married to a Caymanian says:

     CNS: Can you post the document as a PDF or send a link?  My first inclination is to say, "You broke the law, you’ve lost your rights", but it depends….did someone overstay and were caught? Convicted of criminal offences? Deported due to divorce? I think we need to be very hard on this, immigration must be taken seriously, but an appeals process for humanitarian reasons should be considered (funerals, limited return visas to visit)

    CNS: I’ll publish them as soon as I can track them down.

    • Anonymous says:

      No one gets deported merely due to divorce. You may lose permanent rights to remain but that is not the same thing as deportation.