Belize: Migration's Missing Link

Belize has a long history of welcoming migrants and refugees, but in recent years, the country has taken a hardline approach to immigration, leaving many in constant fear of deportation. While Belize has received the largest foreign population in relation to its total population since 1983, it is also experiencing high emigration rates, with around 15% of Belizeans living abroad. This has resulted in a complex ethnic and cultural landscape, with Spanish-speaking Central American immigrants now outnumbering the country's Afro-Belizean population.

Belize's immigration policies stand in contrast to those of its neighbouring countries. Notably, Belize is the only Central American nation that does not have a dedicated administrative immigration detention facility, instead detaining migrants in its central prison. The country also provides criminal sanctions for immigration-related infractions, which has been a point of concern for the UN Committee on Migrant Workers.

Despite these challenges, Belize continues to be a destination for migrants and refugees fleeing violence, poverty, and political instability in their home countries. The country's response to this influx has been mixed, with some Belizeans expressing anti-Hispanic sentiments and the government adopting a hardline stance on refugees. However, Belize has also taken steps to integrate immigrants and provide them with access to essential services such as health, education, and legal support.

Migrants face criminal sanctions for immigration-related infractions

Belize's immigration detention practices differ from those of its neighbouring countries in key ways. Notably, Belize is the only Central American country that does not have a dedicated administrative immigration detention facility. Instead, migrants are detained in the Belize Central Prison, located in Hattieville, 25 kilometres outside the capital, Belize City.

Belize provides criminal sanctions for immigration-related infractions. Under the 2010 Immigration Act, any person who enters Belize at an unapproved entry point, disembarks without the consent of an immigration officer, or fails to present themselves to an immigration officer upon arrival can be charged with an offence. This includes those who overstay their visas. The Immigration Act also employs the concept of a "prohibited immigrant", which can include those with a previous criminal conviction, those who are homosexual, or those who have a mental disability or communicable disease. Immigration officers can detain prohibited immigrants until removal is possible.

In addition to the Immigration Act, Belize has several other laws that are relevant to the treatment of foreign nationals, including the Refugee Act and the Aliens Act. Under the Aliens Act, non-citizens can be arrested and expelled from the country, and detained in custody prior to their deportation.

In practice, apprehended migrants who are unable to pay the fine are reportedly held in administrative detention for 3-6 months. "Extraregional" migrants, or those from outside Central America, tend to be detained for longer periods due to the complications of organising deportation flights to their countries of origin.

In 2014, the UN Committee on Migrant Workers expressed concern about the treatment of undocumented migrants as criminal offenders in Belize. The Committee advised that irregular entry into a country and the expiration of a permit should be administrative infractions rather than criminal offences. It urged Belize to remove provisions that make irregular immigration status a criminal offence, and to ensure that the administrative detention of migrant workers and their families is used only as an exceptional measure and for the shortest time possible.

Belize's immigration detention practices contrast with those of its neighbours

Belize's immigration detention practices differ from those of its neighbours in several key ways. Firstly, Belize is the only Central American country without a dedicated administrative immigration detention facility. Instead, migrants are detained in administrative procedures in the Belize Central Prison, located in Hattieville, 25 kilometres outside the capital, Belize City.

Secondly, Belize provides criminal sanctions for immigration-related infractions. Under the 2010 Immigration Act, any person who enters Belize through an unapproved entry point, disembarks without the consent of an immigration officer, or fails to present themselves to an immigration officer upon arrival can be charged with an offence. This is in contrast to Panama, which decriminalised status-related violations in 2008.

Thirdly, Belize's immigration detention practices have been criticised by the UN Committee on Migrant Workers, who advised the country to remove provisions from its legislation that make irregular immigration status a criminal offence. The Committee also urged Belize to adopt alternative measures to detention and ensure that administrative detention is used only as an exceptional measure and for the shortest time possible.

In addition, vulnerable groups such as asylum seekers, victims of trafficking, and migrant children are not placed in immigration detention in Belize. Children are supposed to be placed in shelters managed by the Ministry of Human Development while authorities organise removal procedures. However, the Committee on Migrant Workers has reported that children under 18 years of age, including unaccompanied minors, have been placed in pre-deportation detention for committing infractions listed under the Immigration Act.

Finally, Belize's Refugee Act, Chapter 165 of the Substantive Laws of Belize, does not recognise legal asylum status and treats all asylum seekers as potential refugees. The government has also been criticised for its hardline approach to refugees, with concerns that its policies leave many in constant fear of deportation.

Migrants are detained in administrative procedures in Belize Central Prison

Belize is a country in Central America and the Caribbean, with a population of approximately 420,000 people. It is one of Central America's three main immigrant-receiving countries, and its large ethnic and cultural diversity is due in part to its immigrant population. In 2020, Belize registered 62,043 migrants, most of whom came from Guatemala, El Salvador, Honduras, the United States, and Mexico.

Belize's immigration detention practices differ from those of its neighbouring countries in some key ways. Notably, Belize is the only Central American country that does not have a dedicated administrative immigration detention facility. Instead, migrants are detained in administrative procedures in Belize Central Prison, located in Hattieville, 25 kilometres outside the capital, Belize City.

Belize has several laws that are relevant to the treatment of foreign nationals, including the Refugee Act, the Immigration Act, and the Aliens Act. The Immigration Act criminalises various status-related infractions. For example, any person who enters Belize at a point other than an approved entry point, disembarks without the consent of an immigration officer, or fails to present themselves to an immigration officer upon arrival can be charged with an offence. This means that irregular entrance into the country is a criminal offence, and those who enter the country in this way can be detained in Belize Central Prison.

In 2014, the UN Committee on Migrant Workers addressed the criminalisation and detention of migrant workers in Belize. The Committee advised that irregular entrance into a country should be an administrative infraction rather than a criminal offence. It urged Belize to remove provisions from its legislation that make irregular immigration status a criminal offence, and to ensure that the administrative detention of migrant workers is used only as an exceptional measure and for the shortest time possible.

In addition, reports indicate that vulnerable groups such as asylum seekers, victims of trafficking, and migrant children are not placed in immigration detention. Children are supposed to be placed in shelters managed by the Ministry of Human Development while authorities organise removal procedures. However, according to the Committee on Migrant Workers, children under 18 years of age, including unaccompanied minors, have been placed in pre-deportation detention for committing infractions listed under the Immigration Act. The Committee recommended that Belize should never place children in detention based on their or their parents' immigration status.

Migrants are held in pre-deportation detention for committing infractions

Belize's immigration detention practices differ from those of its neighbouring countries. Notably, Belize is the only Central American country that does not have a dedicated administrative immigration detention facility. Instead, migrants are detained in the Belize Central Prison, located in Hattieville, 25 kilometres outside of Belize City.

Belize criminalises various immigration-related infractions, such as illegal entry, and appears to be the only Central American nation to do so. Under the 2010 Immigration Act, any person who enters Belize through an unapproved entry point or fails to present themselves to an immigration officer upon arrival can be charged with an offence. The Act also allows for the detention of individuals considered "prohibited immigrants", including those lacking sufficient means of subsistence, those with a mental disability or communicable disease, prostitutes or homosexuals, and those with a previous criminal conviction.

In 2014, the UN Committee on Migrant Workers expressed concern about the treatment of undocumented migrants as criminal offenders in Belize. The Committee advised that irregular entry into a country and the expiration of a permit should be considered administrative infractions rather than criminal offences. They urged Belize to remove provisions from its legislation that criminalise irregular immigration status, ensure that the administrative detention of migrants and their families based on their migration status is used only as an exceptional measure and for the shortest time possible, and adopt alternative measures to detention.

Despite these recommendations, reports indicate that children under 18 years of age, including unaccompanied minors, have been placed in pre-deportation detention for committing infractions listed under the Immigration Act. In response, the Committee recommended that Belize should never place children in detention based on their or their parents' immigration status, cease the detention and expulsion of migrant children on this basis, and prioritise the best interests of the child and the principle of non-discrimination.

While vulnerable groups like asylum seekers, victims of trafficking, and migrant children are generally not placed in immigration detention, accompanied children are separated from their parents. While parents are detained in the Belize Central Prison, minors are kept in shelters managed by the Ministry of Human Development.

Migrants are not provided with work permits, which places them at constant risk of deportation

Belize has a complex and challenging immigration system, with strict laws and regulations. The country has received the largest foreign population in relation to its total population since 1983 and also has high emigration rates. This has resulted in a diverse and multicultural society, but the management of immigration remains a significant challenge for the Belizean government.

One critical issue within Belize's immigration system is the lack of work permits provided to migrants. While there are temporary employment permits available, the process of obtaining one is intricate and demanding. Migrants must first apply for a temporary employment permit at any Labour Department Office, and they must already be residing in Belize with a valid passport and visa. The application process can be initiated by the migrant or their employer, and a range of documents are required, including a police clearance certificate from the migrant's home country. The entire process typically takes 30 to 45 days and costs BZ$2,000 (approximately $400).

If a migrant's application is approved, they must visit the nearest Immigration Office, where they will be informed of the temporary employment permit fees, which must be paid. They will also need to obtain an Income Tax Letter from the Belize Tax Service. The permit is then issued upon confirmation of payment, and the migrant must proceed to the Social Security Office to apply for their card.

However, these temporary employment permits are not easily accessible to all migrants. They are typically only granted to those with a valid job offer from a Belizean company or organisation and are tied to a specific employer. Migrants without a job offer or those working informally are unlikely to obtain a permit.

The consequences of not having a work permit can be severe. Migrants without permits are at constant risk of deportation and criminal sanctions for immigration-related infractions. Belize's Immigration Act stipulates that any person who enters the country outside of approved entry points or fails to present themselves to an immigration officer can be charged with an offence. Additionally, immigration officers can request a court order for the removal of a "prohibited immigrant" and detain them until removal.

The lack of work permits for migrants in Belize places them in a precarious situation. They are unable to work legally and are constantly at risk of deportation and criminal penalties. This contributes to a climate of fear and insecurity within the migrant community and undermines their ability to integrate and contribute fully to Belizean society.

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