Hayter 00 prelims 11/5/04 6:43 PM Page iii OPEN BORDERS The Case Against Immigration Controls Second Edition TERESAHAYTER P Pluto Press LONDON • ANN ARBOR, MI Hayter 00 prelims 11/5/04 6:43 PM Page iv First published 2004 by PLUTO PRESS 345 Archway Road, London N6 5AA and 839 Greene Street, Ann Arbor, MI 48106 Second edition 2004 www.plutobooks.com Copyright © Teresa Hayter 2000, 2004 The right of Teresa Hayter to be identified as the author of this work has been asserted by her in accordance with the Copyright, Designs and Patents Act 1988. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Hayter, Teresa. Open borders : the case against immigration controls / Teresa Hayter. p. cm. ISBN 0–7453–2245–X (hard) — ISBN 0–7453–2244–1 (pbk.) 1. Europe—Emigration and immigration—Government policy. 2. Immigrants—Government policy—Europe. I. Title. JV7590 .H39 2000 325.4—dc21 00–009580 ISBN 0 7453 2245 X hardback ISBN 0 7453 2244 1 paperback 10 9 8 7 6 5 4 3 2 1 Designed and produced for Pluto Press by Chase Publishing Services, Fortescue, Sidmouth, EX10 9QG, England Typeset from disk by Stanford DTP Services, Northampton, England Printed and bound in the European Union by Antony Rowe, Chippenham and Eastbourne, England Hayter 00 prelims 11/5/04 6:43 PM Page v CONTENTS Preface to the First Edition vii Preface to the Second Edition ix Introduction 1 1 Migration, and migratory myths 8 World migration 8 Postwar migration to industrialised countries 10 Migration to Britain 13 2 Border controls 21 Racism 21 Early history of British immigration controls 36 Controls on Commonwealth immigration 43 Fortress Europe 57 3 Refugees: Tightening the screw 64 The debasing of refugee rights 64 Legislation and legal processes in Britain 76 The criminalisation of refugees 95 Destitution 105 Detention 112 Campsfield immigration detention centre 123 4 Resistance 134 Resistance in Britain 134 The sans-papiersmovement 142 5 Re-open the borders 149 Immigration controls and human rights 149 Immigration controls do not work 152 Immigration and jobs, wages and conditions 155 v Hayter 00 prelims 11/5/04 6:43 PM Page vi vi Open Borders Immigration and public expenditure 161 Immigration controls and racism 163 Migration and the Third World 166 Free Movement 171 Appendix 173 Bibliography 184 List of organisations and campaigns 189 Index 193 TABLES 1.1 Foreign population as a percentage of total resident population in European countries, 1997 10 1.2 Estimated net immigration from the new Commonwealth from 1953 to the introduction of controls in mid-1962 19 1.3 Net migration to/from Britain, 1871–1991 20 3.1 Asylum applications in Britain in the 1990s 70 Hayter 00 prelims 11/5/04 6:43 PM Page vii PREFACE TO THE FIRST EDITION This book was written thanks to a grant from the Joseph Rowntree Charitable Trust, for which I am extremely grateful. The trust accepted my proposal to take a radical look at immigration controls. The Joint Council for the Welfare of Immigrants (JCWI) very kindly supported my application and gave me freedom to express my opinions. I am particularly grateful for the help and support of Don Flynn. The book is also based on over six years of campaigning against Campsfieldimmigrationdetentioncentre,asamemberoftheCampaignto Close Campsfield. A good many of my examples of the mistreatment of refugeesaretakenfromtheexperiencesofthosewhoareorhavebeenlocked upinCampsfield.IbelievethatCampsfieldexemplifiesthismistreatment, andthatitisnotextremeoruntypical.Icanreportonitfromfirst-hand experience.NineofuswereoutsideCampsfieldwithplacardswhenitopened on26November1993,andIhavebeentonearlyallthemonthlydemon- strations ever since. I have had the great good fortune to meet many refugees,bothinsideandoutsideCampsfield,andofcourseamindebtedto them for much that is in this book. I hope they approve. I have visited refugees not just in Campsfield but also in Winson Green, Rochester, Blakenhurst and Bullingdon prisons and at Harmondsworth detention centre.IhavebeentoseveralappealsandbailhearingsinBirminghamand Londonandtalkedtomanylawyers.Elevenasylumseekershavestayedin ourEastOxfordhouse,forperiodsrangingfromafewdaystoovertwoyears, andhavebeenunfailinglyconsiderateandgoodtohavearound.Idonot acceptthemoraldistinctionbetweenpoliticalrefugeesandthosewhocross frontiersinsearchofwork.But,forwhatitisworth,myexperienceisthe reverseofthatoftheHomeSecretaryJackStraw,whotoldTheEconomist,as itreportedon14February1998,that‘OfalltheasylumapplicationsIhave dealtwithinmyconstituency,onlyonewasgenuine.’Ofthemanyasylum seekersIhavemet,onlytwowerenotrefugeesinthenarrowpoliticalsense. One,whoentertainedusinourhouseforseveralmonths,wasstraightfor- wardlytryingtoimprovehislife.Theotherwasayoungandverydistressed Peruvian.AssoonashestartedtalkingtousinCampsfield,hetoldushewas notinfactamemberofSenderoLuminoso,buttheoldestofsixchildren lookedafterbytheirmother.ShehadraisedthemoneytosendhimtoBritain vii Hayter 00 prelims 11/5/04 6:43 PM Page viii viii Open Borders bymortgagingtheirhouse,inthehopehecouldsendbackmoneytosupport them. He had got through immigration and found some cousins, who advisedhimtogotoCroydonandapplyforasylum.Hedidso,andwas arrestedandsenttoCampsfield. IamgratefulforthegenerousencouragementofBobSutcliffe,whourged metousewhateverIwantedtofromhisbookNacidoenotraparte,which advocates‘therighttototalworldwidefreedomofmovementandresidence’, whichunfortunatelyisstillonlyinSpanishbutfromwhichIhaveplundered manyideasandfacts.NearlyallthequotationsofpoliticiansinChapter2are fromPaulFoot’sextensiveresearchinHansardforhisbookImmigrationand RaceinBritishPolitics,withhiskindagreement.ThesectiononFortress EuropeismainlybasedonamuchmoredetaileddocumentwhichDonFlynn haswritten,andisavailablefromhimattheJCWI.Thesectiononthetrial oftheCampsfieldNineismostlybasedonanarticleIwroteforRedPepper.I amverygratefulforcommentsonthefirstdraftfromFrancesWebber,Bob Sutcliffe,BillMacKeith,PritamSingh,SteveCohen,RobinCohen,Rohini Hensman,AnnDummett,MeenaSingh,TonyRichardsonandDonFlynn.I hopeIhavedonesomejusticetothem.ThanksalsotoAnneBeechandPluto PressforcommissioningthebookandtoBillMacKeithforhiscopy-editing. Note on translation: The translation of the proceedings of the FASTI conference is by Bill MacKeith. The rest, from French and Spanish, are by the author. Bibliographical note: The figures in Chapter 1 are mostly from Sutcliffe. The quotations of politicians in Chapter 2 are from Hansard, nearly all of them from Foot; a few are from Spencer (see Bibliography). Hayter 00 prelims 11/5/04 6:43 PM Page ix PREFACE TO THE SECOND EDITION Thefollowingisadescriptionofsomeofthechangesthathavetakenplace inthetreatmentofrefugeesandmigrantssinceIwrotethisbookin2000. Becauseanyattempttodescribeindetailthelatestchangeswouldbeoutof datebythetimethiseditionwaspublished,Ihavenotchangedthemain text.ButIhavemadesomeadditionstothelistoforganisations,thebibli- ographyandtheindex.Ihavealsoaddedasanappendixour‘Manifestoof theNo OneIsIllegalgroup’,whichweproducedinManchesterinSeptember 2003.Wehopeitwillhelptowincampaignersformigrantsandrefugeesto theviewthatfreedomofmovementisanelementaryhumanright,aview thatissofarmorewidespreadinotherpartsofEuropethanitisinBritain (seepp.146–8),andthatgroupswillbesetupinBritaintocampaignfor thisright. Since 2000 the application of immigration controls has become progres- sively more vicious. There has been virtually nothing in the way of improvement or reform. Everything has been done to make the suffering of refugees and migrants worse, in the largely mistaken belief that this will cut their numbers. The government is conducting what has become known as a ‘war on asylum’. It attacks asylum seekers for their supposed abuse of the system and singles them out for harsh treatment. It drives them into illegality, locks them up, does not allow them to work, reduces them to destitution, splits up their families, labels them ‘illegal immigrants’ and promises to deport more of them if it can’t stop them coming in the first place. It also increasingly rounds up others, mostly Caribbean, South Asian and African, who are sometimes described as ‘over-stayers’ and who may have lived for years in this country and have jobs, houses and families, for sometimes minor infringements of the immigration rules. The government thus bears heavy responsibility for the growth of the hysteria against asylum seekers and so-called ‘illegal immigrants’ (the terms are often used interchangeably; so much so that the Press Complaints Commission was moved to pronounce that the phrase ‘illegal asylum seekers’ should not be used, since there is no such thing). In the process the position of asylum seekers as the new object of race hate campaigns has become entrenched. Their demonisation has no obvious jus- tification. Such increases as there have been in their numbers are, more than ever, related to the wars perpetrated by the major powers: first Kosovans ix Hayter 00 prelims 11/5/04 6:43 PM Page x x Open Borders and then Iraqis (in the months before the US/British invasion of Iraq in March 2003) accounted for almost the entire increase. In 2002 the largest numbers of applicants were from Iraq, Zimbabwe, Somalia, Afghanistan and China, in that order. As before, the overwhelming majority come from areas in which there is severe political persecution or conflict, for which, again, the West bears much responsibility (see pp. 5–6). If such conditions arise, gov- ernments impose visa requirements on their nationals, as they have done recently for Zimbabweans, thus making it virtually impossible for refugees to travel legally to Britain (see pp. 95–105). They are nevertheless fully entitled to claim asylum under international treaties, and in the last few years around half of all asylum seekers eventually got refugee status or excep- tional leave to remain (ELR – now replaced by the more restrictive ‘humanitarian protection’). Many more of them ought to do so, but fall foul of the cruelly unjust and arbitrary system for determining whether they are ‘genuine refugees’ (see pp. 89–95). Those who have, with exceptional enterprise and courage, managed to flee poverty rather than wars or political persecution are likely to be similarly the victims of the actions of major Western powers. The reality is that most asylum seekers, whatever their reason for migrating, are highly educated and are often dissident members of the elite. Many take a large drop in their standard of living. They cost public money almost entirely because of the escalation of the repressive apparatus which is supposed to stop them coming here, and because they are no longer allowed to work (see below). If they do work, they are forced to work long hours for low wages in jobs that do not require their qualifications. The British are lucky that they come here. Moreover, whatever the scaremongers may say, the number of asylum seekers migrating to Britain is relatively small, both compared to refugees elsewhere in the world and compared to other types of migration to Britain. Less than 2 per cent of refugees in the world as a whole are in Britain, although a recent poll showed that people believe the figure is 25 per cent. According to Home Office statistics on Control of Immigration, there were 84,130 asylum applications in Britain in 2002, which was the peak year. In the same year, and in each of the preceding five years, there were around 8 million visitors from abroad. There were 1.3 million returning British and other nationals. 369,000 foreign students were given leave to enter. 235,805 people were given official permission to work in Britain. Yet the Labour government constantly reiterates that it is doing its best to reduce the numbers, not of visitors, students, employees of multinational corporations, workers and so on, but of people applying for asylum. On 7 February 2003, in an interview on BBC’s Newsnight, the prime minister Tony Blair announced that the government would halve the number of asylum applications, from its peak of 8,900 a month in October 2002, by September 2003. It claims credit for a recent decline in applications (although this is likely to have more to do with the situation in Iraq). Hayter 00 prelims 11/5/04 6:43 PM Page xi Preface to the Second Edition xi Thegovernmentsaysitsactionsarenecessarytodefeatracismandthe farright.Buttheybothpandertoandfeedthesectionsofthemediawhose politicalagendaitistostirupracism.TheDailyMail,theDailyExpress,the Sunhavealmostdailyheadlinesdisseminatingliesandslanderaboutasylum seekersand‘illegals’,someofthemusinglanguageandinformationwhich appeartohavecomefromofficialsources,attackingrefugeesforsupposed crimes, scrounging and ill health, for being too many, or for resorting to catchingandeatingswans.Thegovernmentonlyveryrarelyseekstocounter themedia’sliesanddistortionswiththetruth.ItspoliciesencouragetheTories tooutbidit.OccasionallyeventheToriesaremovedtocriticisesomepar- ticularlyilliberalgovernmentmeasure;OliverLetwin,shadowhomesecretary, forexample,saidthatchildrenshouldnotbeconfinedin‘accommodation centres’(seebelow)forsixmonths;thereshouldbeamaximumten-week limit. More often, the Tories make half-baked proposals such as that all incoming asylum seekers should be confined to an unspecified off-shore island.TheBritishNationalParty(BNP)hasmadefulluseofthegrowthof prejudiceagainstasylumseekersinitssometimessuccessfullocalelection campaigns, especially in areas where no asylum seekers or refugees live. Asylumseekersthemselves,especiallythosewhoarebeingdispersedoutside LondonandtheSouthEastwheretheircommunitiesarestrong,arebeing subjectedtoincreasinglevelsofviolence,suchthatmanyfeartoleavetheir accommodation.TheInstituteofRaceRelationshasrecordedonitswebsite 24deathsinracistattackssince1999,includingfourmurdersofasylum seekersinthelasttwoyears,andtenmajorviolentattacks,including,for example,systematicattacksonIraqiKurdsinHull,resultingininjuriesto atleast13ofthem;theyheldademonstrationinJuly2003toprotestagainst failurebythepolicetoprotectthem.Thegovernment’spolicieshavealso helped bring a small organisation called Migration Watch, now widely quotedasanauthorityonimmigrationandthesupposeddangersof‘over- population’, out of the woodwork. Its chair, Sir Andrew Green, former ambassadortoSaudiArabia,testifiedtotheHouseofCommonsHomeAffairs CommitteeonAsylumRemovalsinSeptember2002asoneofthreemain ‘experts’. Yet its chief researcher is Professor David Coleman, of Oxford university,whohasheldofficeintheEugenicsSocietyanditssuccessorthe GaltonInstitute,bodieswhichpromotethenotionthatthepurityofthewhite raceshouldbepreserved. It is hard to see why the government aids and abets the racists, unless it is that it is so unpopular on most issues that it believes it can regain a little popularity by appearing to be stemming a ‘flood’ of asylum seekers who might otherwise ‘swamp’ British schools and the welfare state. The detention of asylum seekers, for example, which is one of the harshest consequences of immigration controls and causes great suffering for migrants and refugees, is little more than window-dressing. It does not serve its main function of deterring potential immigrants, and it does not even make it easy to deport people. In the end the government seems to be doing little other than trying
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