~ Writes to minister about immigration concerns ~
PHILIPSBURG--"Rather alarming" is how independent Member of Parliament (MP) Frans Richardson described Justice Minister Roland Duncan's "open indications" in Parliament this week about not following advice to reject a significant number of Brooks Tower Accord (BTA) applicants because he was reluctant to proceed with a large scale deportation.
Based on the report released by the BTA advisory committee that was sent to Parliament, MPs learnt that of the 2,141 applicants, Duncan had been advised to reject 1,610. This accounts for a "whopping" 75 per cent of BTA applicants whose applications should be rejected if the minister follows the committee's advice, Richardson pointed out in an October 3 letter to Duncan.
"What is certain is that 1,610 who applied for BTA permits were recommended to be rejected. My deep concern is what to do about these 1,610 individuals," said Richardson, adding that upholding the law was a fundamental responsibility of the Justice Minister and he must adhere to it no matter how justifiable the reasons might be to the contrary.
Richardson further added that this refusal to uphold the law came after a statement to Parliament last week Monday by police officials that if another murder were to occur, the police would not be able to investigate, as resources were stretched to capacity.
"One can readily comprehend that refusal to uphold the law in certain areas contributes to the general impression of lawlessness on the island of St. Maarten. Small transgressions, once unchecked, invariably lead to more serious offences. I submit to you that St. Maarten is suffering the consequences of this refusal to uphold the law under all circumstances and in all cases," Richardson stated in his letter.
One example, he said, is the way gypsy taxi drivers can "flout the law with complete impunity. Nothing seems to be able to stop them. In French St. Martin, they dare not engage in such practices. The authorities on the North side of the island will simply not tolerate it. In other words, there is no impunity where that is concerned."
The same applies to illegal immigration. Richardson said allowing the country to be overrun by illegal immigrants contributed to the atmosphere of lawlessness. "If we refuse to enforce our immigration laws, why bother even having an Immigration and Naturalisation Department, or for that matter, a Ministry of Justice supposedly in charge of the admittance and expulsion of foreigners?"
He said one could not on the one hand refuse to deport undocumented people residing and working in the country and on the other hand refuse to legalise their status. "That is sheer anarchy. In other words, if you do not intend or are not able to deport these individuals, the only other alternative would be to legalise their status on the island. Not doing so would give credence to the premise that St. Maarten is allowing a free-for-all attitude to illegal immigration."
Duncan gave several reasons in Parliament for his reluctance to proceed with large scale deportations at this time, such as no cell capacity to house undocumented people prior to deportation, cost of housing a deportee (NAf. 300 per day), and the economic dislocation large-scale deportations would cause, according to the Chamber of Commerce with whom he addressed this issue.
To address the BTA issue, Richardson suggested that Duncan find an appropriate model for legalising, first of all, the 1,610 BTA applicants who had been rejected and who probably had no intention of leaving the island, as well as all other non-registered aliens; and once and for all find the means and courage to end this massive and unacceptable flouting of the laws.
"Failure to comply with especially the latter would send a message that we have thrown up our hands in the air and declared the island open to all and sundry without restrictions. This in fact very nearly resembles the present situation," Richardson said.
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