POSITION STATEMENT
FROM CENTER ON WAR AND CONSCIENCE
The question of immigration to Canada often arises, and we need to once again explain what we have said thousands of times--that Canada's immigration laws have changed since the Vietnam era, and obtaining legal status in Canada will be very difficult, or impossible, for most people of draft and military age!!!!!!
As most of you probably know, in the '60's you could apply for Landed Immigrant Status (legal status) once you went to Canada, and getting approved for the status was almost automatic. This was done frequently by draft resisters and AWOL/USA and deserters. But this as a route for those who could find no other way to participate in a war that they believe is morally wrong was always contingent on the cooperation of the host country (most frequently Canada). In the '70's, Canadians began to feel like folks in Texas and Southern California often feel-- that they are overrun with immigrants. So the laws changed, and an amnesty was provided for those already in the country.
Since that change (it was around 1973), to obtain landed immigrant status in Canada, one must first apply from outside of Canada. Applying does not guarantee approval. To qualify you must show how you will support yourself in Canada without putting a Canadian out of work, and without being a burden on the government.
That generally means one of THREE things: you have family in Canada who are able and willing to take care of you, you are wealthy, or you have a marketable skill that Canada is in need of. Even if you do qualify for legal status in Canada, the necessary processing before going usually takes months--so this could be a problem for a fugitive.
The other thing to remember is that even if one can obtain legal status in Canada, that doesn't solve the problem. While the US couldn't arrest someone who is in Canada, the charges that the person left to avoid will ALWAYS be there when he or she returns to the US. To resolve this, one must return to face the legal charges he or she was fleeing, or be granted amnesty or a pardon. That means never being able to come home to visit family and friends without risking arrest. (During the Vietnam era the FBI routinely attended the funerals of family members of those known to be in Canada.) Forever is a long time--we recently received a call from someone who went to Canada
during Vietnam who longs to return and live with his daughter and grandchild in NY.We have recently been in extensive conversations with others about the possibility of refugee status for AWOL/UA military personnel or inductees. They have consulted their own refugee experts, Canadian immigration attorneys and immigration attorneys in other English speaking members of the British Commonwealth: England, Ireland, Australia and New Zealand. In addition they have spoken with political analysts in those countries.
There is no host country that will take AWOL/UA's from the US as refugees at this time. Nor is it likely that this will change in the near future since Canada--the English speaking country most opposed to the invasion of Iraq--has a new administration, one that is clearly anxious to rebuild bridges with the United States.
So what would happen if someone went to Canada and asked for asylum? Under current policies their application would be denied and they would be deported.
Deportation is always to the home country--this case, the United States. As they will have a felony warrant outstanding they would probably be arrested at the border, and turned over to the military police.
Here's the kicker: We often tell AWOL/UAs not to worry about the felony deserter warrant because it is a specific intent crime--the military prosecutors would have to show beyond a reasonable doubt that the AWOL/UA intended not to return to the control of the military. Since the AWOL/UA seeking asylum would have signed an affidavit stating that they can not return to the United States and are asking for "refugee status" there would be proof beyond a reasonable doubt that they have, in fact, deserted.
So they could be prosecuted for desertion with little difficulty.
In addition, noncitizens who leave the country to avoid military service can be classified as an "undesirable alien" by the INS even if they did not break any US laws. "Undesirable aliens" are permanently barred from entry into the US. So if those fleeing military service are not US citizens, or if they become citizens of another country (thus losing their US citizenship) they can be permanently barred from reentry to the US, even if the charges are later cleared up.
Advising someone to flee the country would be a felony. (So would helping someone to do this.)
We cannot advise people that this is a good choice. In fact, it is a bad choice since AWOL/UAs must return to military control to resolve their situation and no one is actively searching for those who are AWOL or UA. And leaving the country introduces all the problems discussed above.
Bill Galvin & J. E. McNeil
Center on Conscience & WarThe Center on Conscience and War (CCW)
http://www.objector.org
800 379-2679
GI HOTLINE 800 394-9544