UN envoy calls for an end to the criminalization of undocumented migrants

Migrant rights organizations in Canada are appealing to Prime Minister Justin Trudeau to implement the recommendations of a United Nations Special Rapporteur. The Rapporteur stated that countries should establish regularization programs for undocumented migrants, providing them with pathways to permanent residency. Felipe González Morales, the UN Special Rapporteur on the human rights of migrants, emphasized that regularization is crucial for the protection and inclusion of migrants, their families, destination countries, and communities. He called on governments worldwide to end the criminalization of undocumented migrants.

The Migrant Rights Network, a migrant-led advocacy coalition in Canada, expressed support for the UN’s call. They have been advocating for regularization as the most effective policy to safeguard the rights and justice of undocumented migrants, with over 500 civil society organizations joining their cause. The Migrant Rights Network Secretariat questioned what more it would take for Prime Minister Trudeau to act in accordance with this recommendation.

The coalition urged Prime Minister Trudeau to grant permanent resident status to all undocumented people, including migrant workers, students, and families, without further delay. González Morales emphasized in his report that undocumented migrants face discrimination, abuse, and exploitation due to their lack of regular migration status. Regularization would improve their access to social protection, healthcare, decent work, education, adequate living conditions, and family reunification.

In Canada, undocumented immigrants are often individuals who initially arrived on temporary authorization, such as work or refugee claimant permits. When their permits expire, they become undocumented if they choose to remain in the country. As a result, they lose access to many basic services.

González Morales stressed the importance of anti-discrimination policies accompanying regularization processes to ensure the full enjoyment of human rights for undocumented migrants.

According to the Migrant Rights Network, there are approximately 500,000 non-status individuals currently residing in Canada as of October 2022. These individuals face precarious circumstances without permanent resident status and are unable to assert their rights at work or access basic healthcare. They experience discrimination and exploitation due to the fear of deportation. The report by the Migrant Rights Network emphasizes that non-status people are an integral part of communities.

The implementation of regularization programs and the elimination of the criminalization of irregular migrants are essential steps towards promoting solidarity, changing the narrative on migration, and combating xenophobia, racism, and discrimination.

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