Rehabilitating the Criminality of Immigrants Under Section 19 of the Canadian Immigration Act1

Immigration has historically been associated with moral entrepreneurship and xenophobia. In periods of high unemployment and global dislocation, immigrants easily become the targets of political commentators who complain of their criminality, morals, demand on public services, and competition for scarce employment. In this exercise, looking at the recidivism of immigrants who come to Canada with a previous, foreign criminal history, quite a different picture emerges. Among this random sample (N=204), 97.5 percent of immigrants granted a rehabilitation waiver under the provisions of the Canadian Immigration Act were not re‐arrested in Canada within a period of about 3.5 years after their landing was approved by the Minister. Of those who were arrested, most of the delinquency was manageable and, in fact, resulted in either an acquittal, diversion or lower‐range sanctions. This is not the kind of imagery complained of by the tabloids or critics in the body politic. It behooves us, then, to exercise care in discussing crime and immigration, as it is a subject easily prone to the creation of “moral panics” and resulting repressive legislation against persons of color.