Dawn Raid Apology: A New Dawn or Hollow Words?
In August 2021, New Zealand made history when its government formally apologized for the infamous ‘Dawn Raids’ of the 1970s. These raids, predominantly targeted at the Pacific community, saw immigration officials invade homes in the early hours of the morning, waking families and detaining those who were suspected of overstaying their visas. The Dawn Raids became a painful symbol of racial discrimination and state-sanctioned abuse of power, leading to an intergenerational trauma that echoes to this day.
In response to the public outcry and the government’s subsequent apology, the Ministry of Business, Innovation, and Employment (MBIE) commissioned an independent review of the current practice of ‘out of hours’ compliance visits by immigration officers. Headed by Mike Heron KC, the review concluded with five recommendations aimed at overhauling the existing system and preventing a recurrence of past injustices.
The changes proposed by the review include an amendment to the Immigration Act 2009, a reassessment of the reasonableness and proportionality of out-of-hours visits, and an overhaul of standard operating procedures (SOPs) to ensure compliance visits are a last resort measure. The review also suggested that these compliance operations should take into account the potential impact on vulnerable individuals, including children and the elderly.
Two years since the government’s apology, Pacific community leaders have urged for a swift implementation of these changes. However, the review’s findings have thrown into stark relief the gaping chasm between the government’s expressed regret and the absence of concrete action to prevent history from repeating itself. The revelation that neither Immigration New Zealand nor the minister has made efforts to align their practice with the government’s apology has left the Pacific community disillusioned.
A tangible sense of unease exists among community leaders such as Kennedy Maeakafa Fakana’ana’a-ki-Fualu, who fear that the word ‘pause’ on out of hours visits is not a strong enough deterrent against dawn-raid-like visits. He argues for an immediate law change to ban these visits, stating that the government’s majority in Parliament should facilitate a swift resolution.
This sentiment is shared by Soane Foliaki, a lawyer who defended a Pasifika overstayer in a dawn raid case. Foliaki advocates for a complete stop to this practice, especially since most of the affected individuals are not criminals. He fears for newer migrants who may not be well versed with their rights and may therefore fall victim to such inhumane practices.
Interestingly, the report unveils that out of the 101 people deported from out of hour visits since 2015, a significant proportion were Chinese nationals, suggesting that these harsh enforcement measures are still disproportionately targeting people of colour.
Immigration Minister Andrew Little’s expressed regret that nothing changed following the government’s apology seems insufficient in the face of ongoing community distress. While he has vowed to address the report’s recommendations with the Cabinet, he still believes there is a place for out-of-hours visits in exceptional circumstances.
While the anger, disappointment, and disbelief directed at the government’s handling of dawn raids and immigration compliance visits are justified, two aspects require further scrutiny. First, the long-standing operational method of Immigration New Zealand and second, the recurring plea from our Pasifika community for amnesty for overstayers. The solution requires rethinking these facets and steering toward a more compassionate approach to immigration.
Reforming Immigration New Zealand’s Operations
The argument that Immigration NZ has been ‘just doing their job’ highlights the systemic flaws that permeate our immigration system. It underscores a lack of empathy, disregard for cultural sensitivity, and an adherence to outdated protocols that do not align with our contemporary societal values. A job devoid of compassion, especially when it involves the lives of people, cannot be an excuse for actions that cause trauma.
Changing Immigration NZ’s operational methods necessitates a complete overhaul of its Standard Operating Procedures (SOPs) as suggested by the Heron KC review. It is not just about the timing of the visits but about ensuring reasonableness, proportionality, and most importantly, respect for individuals and their circumstances. A shift from a punitive to a more understanding and empathetic model that prioritizes human rights will better align with New Zealand’s values.
Rethinking the Amnesty for Overstayers
The Pasifika community’s call for an amnesty for overstayers has been a recurring plea over the years. Yet, using the term ‘amnesty’ may unwittingly perpetuate the narrative that overstayers are wrongdoers needing forgiveness. A more progressive and inclusive approach would be to discuss a ‘pathway to residency.’
Australia has implemented a similar policy, providing illegal immigrants with an avenue to legal residency. The policy recognizes the contributions made by these individuals to their communities and the nation. Rather than branding them as lawbreakers, it acknowledges their presence and offers a solution that is compassionate and practical.
The shift in terminology from ‘amnesty’ to ‘pathway to residency’ might seem semantic, but it holds the potential to revolutionize our perspective on overstayers. It is a step toward humanizing them, acknowledging their plight, and taking constructive action to address their situation.
While the anger and disappointment in the government are palpable and justified, this is also an opportunity for our community to emerge more resilient and united. This challenge should drive us to collectively reimagine our immigration policies to ensure they align with our values of fairness, respect, and human rights. It’s not just about erasing a harrowing past but about laying the groundwork for an inclusive, empathetic, and humane future.
