Advocates Challenge New Deportation Laws Targeting Pacific Migrants

Migrant advocates have expressed strong opposition to the New Zealand government’s proposed amendments to deportation laws, arguing that the changes disproportionately affect Pacific communities and reflect a hypocritical stance on migration. On September 4, 2023, Immigration Minister Erica Stanford announced reforms to the Immigration Act that would facilitate the deportation of non-citizens who have committed serious crimes, even if they have resided in New Zealand for over 20 years. This new threshold doubles the existing residency requirement of 10 years.

Critics are particularly alarmed by the timing of the announcement, which coincided with the release of new overstayer statistics identifying nationals from Tonga and Samoa as among those most likely to overstay their visas. Community leaders question the government’s motives, with one group asking, “What game is this government playing?”

At a recent Pacific Islands Forum leaders’ summit, Prime Minister Christopher Luxon emphasized New Zealand’s commitment to regional unity, stating, “We’re deeply committed to Pacific regionalism.” Advocates argue that this commitment is undermined by policies that simplify the deportation of long-term residents, especially when policymakers are aware that such deportation practices can exacerbate organized crime in Pacific nations.

Research by the Lowy Institute revealed that New Zealand returned 400 criminal deportees to Pacific nations from 2013 to 2018. The report highlighted that deportees from New Zealand, along with those from Australia and the United States, contribute significantly to transnational crime in the Pacific region.

As of July 1, 2023, Immigration New Zealand reported nearly 21,000 individuals overstaying their visas. Despite this figure, the majority have adhered to visa conditions, with Tonga leading the overstayer count, followed by China, the United States, and Samoa. Notably, fewer than two percent of Tongan and Samoan nationals overstayed their visas in the past two years.

Anahila Kanongata’a, chair of the Aotearoa Tonga Response Group and a former Labour MP, criticized the government’s approach as disingenuous. She emphasized that overstayers are not a significant problem for deportation, sharing her personal story of being the child of overstayers who were allowed to remain in New Zealand. “Overstayers are people with potential to contribute if treated with dignity,” she stated.

Stanford did not respond to Kanongata’a’s comments when approached by RNZ Pacific, nor did she address concerns raised by Green Party immigration spokesperson Ricardo Menendez-March. Menendez-March echoed Kanongata’a’s sentiments, suggesting that the government’s focus should shift towards addressing the challenges faced by overstayers rather than pursuing punitive measures.

He expressed concerns that the simultaneous announcement of deportation policy changes and the release of overstayer statistics reflects a troubling trend of dehumanizing migrants. “The energy needs to go to ensuring we have a solution to lift overstayers from conditions of precarity and exploitation,” he stated, highlighting the need for a more compassionate approach.

The UN Office on Drugs and Crime has also indicated that New Zealand’s deportation policies contribute to escalating organized crime networks across the Pacific. These networks have led to various crises in nations such as Samoa, Tonga, and Fiji. Menendez-March stressed that while individuals should be accountable for their actions, deportation should not be part of the solution.

Kanongata’a drew parallels between New Zealand’s actions and Australia’s deportation practices, referencing the impact of Australia’s 501 deportations on Pacific communities. “When we’re in the Pacific, we talk about how we are great family and special relationships, and then we come to New Zealand and betray that trust,” she remarked.

In her statement announcing the proposed changes, Stanford asserted that migrants should adhere to visa rules. She indicated that the reforms aim to close gaps in current deportation policies, with additional details expected to be released later in the year. The proposed changes have sparked a larger conversation about the treatment of migrants and the implications of New Zealand’s immigration policies on the Pacific region.