Damon Mcknight
Australia has a history of sending immigrants to the United States. In 1921, the US imposed strict immigration quotas on Australians, detaining those who exceeded the quota in terrible conditions on Ellis Island and Angel Island. In more recent times, Australia has used offshore processing centres in Nauru and Manus Island to detain asylum seekers and refugees. While Australia has resettled some refugees from these centres in the US, there have been doubts about the willingness of the US government to honour such agreements.
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What You'll Learn
US-Australia refugee resettlement deal
The US-Australia refugee resettlement deal has been ongoing since 2013, when the Australian government announced that refugees arriving by boat would be barred from resettling in Australia. This left thousands of refugees in limbo, many of whom had been intercepted on their way to Australia and transferred to regional processing centres in Nauru and Papua New Guinea (PNG) under bilateral agreements signed in 2012.
In 2016, the Australian government announced a new resettlement deal, allowing refugees held on Manus Island and Nauru to be eligible for resettlement in the United States. This deal was agreed to by then-US President Obama, who committed to resettling up to 1250 refugees as a one-off deal. However, the election of Donald Trump in 2017 created difficulties for the agreement, as Trump appeared to back away from the promise, calling it a "dumb deal". Despite this, the White House confirmed that the agreement would remain in place, but refugees would be subject to "extreme vetting".
Processing of refugee applications under this deal has been slow, with the US hitting its refugee intake cap of 50,000 in 2017. As of 2020, almost 300 people remained in PNG and Nauru, with thousands more in Australia having been evacuated for medical treatment. The COVID-19 pandemic has also impacted the deal, with refugees facing challenges such as flight debts, inadequate support, and medical neglect.
Despite these challenges, the US-Australia refugee resettlement deal has provided an alternative durable solution for refugees who need international protection. It is important to note that this deal is separate from previous attempts by the two nations to trade refugees, such as the 2007 agreement that did not result in any transfers.
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Detention centres in Nauru
The Nauru Regional Processing Centre is an offshore Australian immigration detention facility located on the South Pacific island nation of Nauru. The facility has been in use from 2001 to 2008, 2012 to 2019, and from September 2021. The use of immigration detention facilities is part of a policy of mandatory detention in Australia.
The Nauru facility was opened in 2001 as part of the Howard government's Pacific Solution. The centre was suspended in 2008 to fulfil an election promise by the Rudd government, but was reopened in August 2012 by the Gillard government after a large increase in the number of maritime arrivals by asylum seekers and pressure from the Abbott opposition. The Pacific Solution refers to the Australian government's policy of using offshore immigration detention centres to process asylum seekers.
In September 2021, the Australian government signed a new deal with Nauru to continue operating an asylum seeker processing centre on the island. As of July 2021, there were around 107 asylum seekers remaining on Nauru. The establishment of the offshore processing centre on Nauru was based on a Statement of Principles signed in September 2001 by the President of Nauru and Australia's Minister of Defence at the time. The statement allowed for a detention centre with a capacity of 800 people and included a pledge of A$20 million for development activities.
The Nauru Regional Processing Centre has been the subject of controversy and criticism. In 2015, the UN Special Rapporteur on Torture determined that Australia's offshore detention regime breached human rights and constituted systematic violations of the International Convention Against Torture. The UN Committee's findings also exposed Australia's blatant violations of international law, including the arbitrary detention of asylum seekers, many of whom are minors and recognised refugees. There have also been reports of inadequate medical care and restricted access to communication and support services for detainees.
In February 2019, the last remaining children on the island were resettled in the United States with their families. By March 2019, the detention centre was closed, but as of March 2020, there were still over 200 refugees and asylum seekers remaining on the island.
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Manus Island detention centre
Australia's Migration Act 1958 requires non-citizens who are in the country unlawfully to be detained. The Australian government claims that immigration detention is not punitive but an administrative function to detain those without valid visas while their claims to stay are considered or their removal is facilitated.
Manus Island in Papua New Guinea was one of three offshore immigration detention centres used by Australia. The Manus Regional Processing Centre, officially Manus Island Regional Processing Centre (MIRCP), was established on 21 October 2001, as one of two Offshore Processing Centres (OPC). The other OPC was the Nauru Regional Processing Centre. The OPC facilities were part of what became known as the "'Pacific Solution', a policy of the Howard government in Australia, which was implemented in the wake of the Tampa affair. The policy involved the excision of Australian external territories (Christmas Island, Ashmore and Cartier Islands and Cocos (Keeling) Island) and other islands in the Pacific Ocean—from the Australian migration zone. Asylum-seekers arriving by boat without visas in these excised territories to seek asylum in Australia) were transferred to the OPC facilities where they would stay while their claims for asylum were processed. The centres were initially managed by the International Organization for Migration (IOM).
The Manus Regional Processing Centre was located on the PNG Navy Base Lombrum (previously a Royal Australian Navy base called HMAS Tarangau) on Los Negros Island in Manus Province, Papua New Guinea. The centre had officially ceased operating as a detention centre at the end of 2017, and the contracts of Paladin Holdings and NKW Holdings, who were given contracts to maintain the camp, were terminated on 30 November 2019.
The Manus Regional Processing Centre faced a series of riots that were violently repressed by security guards in February 2014 and in January 2015. During these riots, several injuries and deaths occurred, with private security personnel allegedly both participating in the violence against asylum seekers and others sustaining long-term emotional trauma from the riots. The Australian government settled with the former security guards and paid compensation to former detainees after Papua New Guinea found the centre to be illegal. Two guards allegedly implicated in the death of an asylum seeker were convicted and sentenced to 10 years in jail by Papua New Guinea’s national court.
In 2016, the Australian government announced its intention to exchange some proven refugees from Manus Island for certain displaced people in Central America as part of an agreement with the Obama administration of the United States. However, the willingness of the US government to honour any such agreement was cast into doubt following the election of Donald Trump as President.
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Australia's Migration Act 1958
One of the key provisions of the Migration Act 1958 is the mandatory detention policy, which was introduced in the Migration Reform Act 1992 and came into operation in 1994. This policy requires the Australian government to detain anyone entering or already in the country without a valid visa while their claim to remain is processed, and security and health checks are conducted. The 1992 Act also removed the previous limit of 273 days for detention, allowing indefinite detention.
The Act has been amended multiple times to address specific issues or concerns. For example, in 2014, the Act was amended to include a character test for visa applicants and foreign non-citizens, resulting in a significant increase in visa cancellations. In 2020, the High Court of Australia determined that Aboriginal Australians could not be regarded as aliens in Australia, even if they held foreign citizenship, thus preventing their deportation under the Act.
The Migration Act 1958 has also been central to Australia's offshore processing policies for asylum seekers. The country has used the Pacific island of Nauru and Papua New Guinea's Manus Island as remote sites for the "offshore processing" of asylum seekers, with the support of both major political parties. This policy, often referred to as the "'Pacific Solution,'" has been controversial and criticised for its impact on vulnerable individuals and families.
In recent years, there have been efforts to resettle refugees from Nauru and Manus Island in other countries, including the United States. However, the willingness of the US government to honour such agreements has been uncertain, and Australia has struggled to find alternative resettlement options. The use of offshore processing centres and the mandatory detention policy have been ongoing points of contention in Australia's immigration policies.
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History of US-Australia immigration
The history of US-Australia immigration is complex and multifaceted, with various push and pull factors influencing migration patterns over time.
The first human migration to the Australian continent occurred around 80,000 years ago when the ancestors of Aboriginal Australians arrived via the islands of Maritime Southeast Asia and New Guinea. In 1788, European colonisation began with the establishment of a British penal colony in New South Wales, marking the start of permanent European settlement. Between 1788 and 1868, Britain transported more than 160,000 convicts to the Australian colonies. During this period, the Australian population grew rapidly, with a sevenfold increase in the Victorian population between 1851 and 1861, largely due to the gold rushes.
Following World War II, Australia experienced a massive influx of immigrants from Europe, with more than three million people arriving between the late 1940s and the 1960s. This immigration program, promoted with the slogan "populate or perish," aimed to increase Australia's population and prevent another invasion. During this time, Australia maintained the White Australia Policy, which restricted immigration for non-European ethnic groups and was in place from 1901 until its gradual relaxation after World War II. The policy was officially abolished in 1973.
In the late 1970s, Australia experienced a new wave of immigration with the arrival of "boat people" from East Timor and Indochina, fleeing war and violence. Despite opposition, most of these refugees were allowed to settle in Australia due to the relaxation of immigration restrictions. Since then, Australia has continued to receive asylum seekers and refugees, with increasing numbers arriving by boat from the Middle East and Sri Lanka since the late 1990s.
In recent years, Australia has faced controversy over its policy of mandatory detention for unauthorised boat arrivals. The country has utilised offshore immigration detention facilities, such as the Nauru Regional Processing Centre, to process asylum seekers. In 2016, Australia announced an agreement with the Obama administration in the United States to resettle refugees from Nauru and Manus Island. However, the Trump administration later cast doubt on the US government's willingness to honour this agreement.
Overall, immigration has played a significant role in shaping Australia's history and continues to be a critical aspect of the country's social and economic landscape.
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Frequently asked questions
Yes, in November 2016, the US made a deal with Australia to take 1,250 refugees from Nauru and Manus Islands. However, hopes of the US taking more refugees faded, and by November 2018, only 430 refugees from both offshore facilities had been resettled in the US.
The refugees are asylum seekers who arrived in Australia by boat and were diverted to Nauru or Manus Island for offshore processing.
As of 2021, the US has not taken any more refugees from Nauru and Manus Islands. The Australian government passed responsibility for the remaining 124 men on Manus Island to the PNG government.
Refugees on Nauru and Manus Islands face extreme mental health challenges, with reports of suicide attempts and other episodes of self-harm. There have also been reports of abuses and mistreatment, with conditions described as "a cynical, costly and ultimately unsuccessful exercise".
