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Access to Social Rights for Undocumented Migrants

Access to Social Rights for Undocumented Migrants . Jill Hanley McGill School of Social Work. Research basis. Hanley. “Organizing for the Rights of Undocumented Migrants: Brussels & Montreal.” FQRSC, 2005-08. Hanley. “Access to Social Rights for TFWs.” FQRSC, 2008-12.

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Access to Social Rights for Undocumented Migrants

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  1. Access to Social Rights for Undocumented Migrants Jill Hanley McGill School of Social Work

  2. Research basis Hanley. “Organizing for the Rights of Undocumented Migrants: Brussels & Montreal.” FQRSC, 2005-08. Hanley. “Access to Social Rights for TFWs.” FQRSC, 2008-12. Hanley, Gravel, Lippel & Shragge. “The Right to Health for Precarious Status Migrants.” SSHRC, 2008-12. Ricard-Guay & Hanley. “Services for Victims of Human Trafficking.” Justice Canada, 2012-15. Rousseau, Meloni, Ricard-Guay, Hanley & Montgomery. “Access to Pre & Postnatal Care for Undocumented Mothers.” CIHR, 2010-14. Walsh, Hanley, Ives & Este. “Uncovering invisibilities: homelessness and immigration across the spectrum.” HRSDC, 2012-13 & 2013-14.

  3. Undocumented Migrants • Canadian context • View of this population: advocates, public, state • Access to social rights: • Housing, healthcare, labour • Organizing among undocumented migrants • What way forward?

  4. Canadian context • Who are undocumented migrants in Canada? • How many people are we talking about? • Contributing factors: • Changes to the refugee determination system • Changes to the TFW program • Backlogs in processing permanent residency applications

  5. Limited sympathy • Advocates: • Surprisingly wide range of positions • Fear of serving unfunded population • General public: • Resentment of having “broken the rules” • Using public services “without paying taxes” • Government: • Shift post 9/11 to security concern • Detention and rapid deportation

  6. Access to housing Vulnerability to homelessness, crowded conditions, unaffordable & insecure housing • Limited access to emergency shelters • No access to subsidized housing • Covered by tenant rights • Risk in the private housing market • Threats of reporting to immigration • Exploitation by “friends” and relatives • Frequent moves

  7. Access to health Common issues: acute and chronic health problems, pregnancy, dentistry, mental health No official access to public health care Reliance on social networks to access private care Limited initiatives from community sector Risk of denunciation from healthcare professionals

  8. Labour rights Population that tends to work, problems of wage theft, workplace accidents Ambiguous (but little) coverage by labour protections: labour standards, workers’ compensation No technical barriers to unionization No access to labour-related benefits: EI, parental leave, pensions Very few community groups will defend (requires extralegal approach)

  9. Organizing for Undocumented Migrant Rights • Few organizations have the rights of the undocumented as a central focus • Challenges to organizing: criminalization, risk of deportation, lack of public or state sympathy • Campaigns have taken different approaches: • Regularization of immigration status • Healthcare for All • Sanctuary City • Labour examples elsewhere

  10. Where to now? Numbers expected to grow Relatively new phenomenon for Canada Government and community sector has not adjusted to this new reality What can we learn from other countries? What would be a useful response?

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