-Caveat Lector-
Like a football game -- run across the border in the late stages of
pregnancy, drop
a pup across the goal line, HOME FREE.
Canada Mulls Kids in Deportation Cases
OTTAWA (AP) - Immigration officials must take into account the hardship
imposed on Canadian-born children before ordering their foreign-born parents
deported, the Supreme Court of Canada ruled Friday.
In a unanimous verdict, the high court gave Mavis Baker, a native of Jamaica
with four children born in Canada, a second chance at avoiding deportation.
The ruling doesn't mean she will automatically qualify for permanent
residence.
Immigration and children's aid groups say hundreds of women with
Canadian-born children are in the same situation, either living in fear of
deportation or mired in the court system fighting deportation orders.
Children born in Canada automatically receive citizenship. But it has been
left to immigration hearing officers to decide whether to consider the best
interests of the children in deporting the parents.
Friday's judgment laid down guidelines and said immigration officers must
consider children's interests ``an important factor, give them substantial
weight, and be alert, alive and sensitive to them.''
Officers must take account of humanitarian concerns, family connections and
``the hardship that a negative decision would impose.''
The court cautioned that the interests of the children won't always outweigh
other considerations and prevent deportation.
But in Baker's case, said the judges, the children's welfare was not
adequately assessed.
Baker came to Canada in 1981 as a visitor, but stayed and worked to support
herself for 11 years. She was ordered deported in 1992, and her appeal to
remain on humanitarian grounds was turned down.
Her lawyers argued that her deportation would contravene the United Nations
Convention on the Rights of the Child, which states that children should stay
with their parents unless it isn't in their best interest.
Critics contended, during court hearings last winter, that allowing Baker to
stay would give illegal aliens an easy way to jump the immigration waiting
list.
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