Migrant Advocates Condemn New Zealand’s Proposed Deportation Laws

Migrant advocates in New Zealand are vocally opposing the government’s newly proposed deportation laws, arguing that they pose a significant risk to Pacific communities and reflect a troubling hypocrisy. Announced on September 4, 2023, the changes to the Immigration Act aim to ease the process of deporting non-citizens who commit serious crimes, extending the eligibility period for deportation from ten years to twenty years of residency.

Critics have sharply questioned both the policy itself and the timing of its announcement. One community group has expressed concerns, asking, “What game is this government playing?” The announcement coincided with the release of new overstayer statistics from Immigration New Zealand, which identified nationals from Tonga and Samoa as among the most likely to overstay their visas.

In a statement made just prior to the Pacific Islands Forum leaders’ summit in the Solomon Islands, Prime Minister Christopher Luxon emphasized New Zealand’s commitment to regional unity. Yet, advocates argue that his government’s push to deport long-term residents contradicts these statements. They point out that policymakers are aware of the detrimental impact of deportation laws on Pacific nations, referencing the ongoing issues related to Australia’s deportation of criminal offenders to New Zealand.

A report from the Lowy Institute indicated that between 2013 and 2018, New Zealand sent back 400 criminal deportees to Pacific nations. This has contributed to organized crime in the region, similar to the consequences of Australia’s “501 deportations” policy, which has been criticized for destabilizing communities in New Zealand and the Pacific.

As of July 2023, nearly 21,000 people were reported to have overstayed their visas in New Zealand, although the vast majority complied with visa conditions. The data shows that Tonga had the highest number of overstayers, followed by nationals from China, the United States, and Samoa. Notably, fewer than two percent of Tongan and Samoan nationals had overstayed their visas in the past two years.

Anahila Kanongata’a, chair of the Aotearoa Tonga Response Group and former Labour MP, criticized the government’s approach as disingenuous. “What game is this government playing?” she asked, highlighting the inconsistency between the release of overstayer data and the introduction of policies that could disproportionately affect Pacific communities through racial profiling.

Kanongata’a shared a personal perspective, noting that her family’s history as overstayers allowed her to contribute positively to New Zealand society, including serving as a member of parliament. “My view is that overstayers are not a problem to deport,” she emphasized, advocating for a more humane approach that recognizes the potential contributions of individuals.

The Immigration Minister, Erica Stanford, did not respond to Kanongata’a’s comments or to criticisms from Ricardo Menendez-March, the Green Party’s immigration spokesperson. Menendez-March expressed alarm over the timing of the announcement, suggesting that it portrays migrants in a dehumanizing light. He called for a focus on solutions to improve the conditions of overstayers rather than punitive measures.

Menendez-March also referenced a UN Office on Drugs and Crime report that linked New Zealand’s deportation policies to the rise of sophisticated organized crime networks in the Pacific, which have exacerbated social and health crises in nations like Samoa, Tonga, and Fiji. He stressed that while consequences for actions are necessary, deportation should not be part of the solution.

Kanongata’a drew parallels between New Zealand’s policies and Australia’s deportation practices, stating, “When we’re in the Pacific, we talk about how we are great family and special relationship, and then we come to New Zealand and we betray that trust.”

In her statement announcing the proposed changes, Stanford reiterated that migrants must adhere to visa regulations and claimed the new policy addresses existing gaps in deportation laws. Further details regarding the proposed regulations are expected to be released later this year.