[amc] Fw: Urgent Alert - Urban Myth: Flight to Canada
- From: "Ray Gingerich" <RGingerich@xxxxxxxxxxxxx>
- To: "Austin Mennonite Church" <amc@xxxxxxxxxxxxx>
- Date: Thu, 23 Sep 2004 22:56:31 -0500
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"There is no way to peace; peace is the way." A. J. Muste
----- Original Message -----
From: Center on Conscience & War
To: Center on Conscience & War
Sent: Thursday, September 23, 2004 4:49 PM
Subject: Urgent Alert - Urban Myth: Flight to Canada
Urban Myth: Flight to Canada
Center on Conscience & War
September 23, 2004
During the Vietnam War, many resisted the war and the draft by fleeing to
Canada. For those who did not live through this experience, it is easy to think
of such activity in a romantic way. But the reality is much harsher. Many of
the lives of those who went to Canada were permanently altered.
The question of immigration to Canada has recently come up, as a result of
increasing numbers of Absent Without Leaves (AWOL) from the military and the
possibility of reinstating the draft. Today it is harder to flee to Canada
because Canadian laws have changed. Generally, going to Canada is no longer an
option but the myth lives on.
During the time of the Vietnam War, many went into exile to avoid military
service. Estimates range at around 100,000 people, most of whom went to Canada.
Many of those who left never returned home. The New York Times estimates that
there are at least 25,000 Vietnam resisters who never came back home. Most
Americans who went to Canada during Vietnam were immediately granted legal
status rather than being classified as "illegal immigrants." Although there
were amnesty programs offered after Vietnam, not everyone qualified and not
everyone who qualified took the amnesty. Those doors are now closed.
Nevertheless, the Center continues to get requests from Vietnam resisters who
wish to return to the United States.
Canadians, over time, began to feel like immigrants were flooding them. As a
result, laws in Canada became stricter. Since that change in the 70's, a person
must now apply before entry to obtain legal status; approval is not automatic.
In order to qualify, one must show to the Canadian government that s/he is able
to be self-supporting without putting a Canadian out of work or being a burden
to the government. Obtaining this sort of legal status generally means one of
three things:
1. The resister has family or friends living in Canada and they are
willing to be caretakers.
2. The person is wealthy.
3. The person has a marketable skill that Canada needs.
Even if one was to qualify under any one of these conditions, the processing
that is necessary before going to Canada will take several months, possibly
years, to go through. This, of course, will be a big problem for someone who is
AWOL or a resister who is looking to avoid the draft.
The problem isn't over even if one was to successfully gain legal status in
Canada. Going into exile still means that the U.S. considers that person to be
a fugitive. Even though the U.S. cannot arrest someone in Canada, the warrant
for that person's arrest will always be there. The only way to get this taken
care of is by coming back to the U.S., into military or civilian custody. So
fleeing to Canada to resist military service most likely means that one can
never come back home without facing arrest. This means not even visiting family
and friends. In addition to this, non-citizens who leave will be permanently
barred from gaining U.S. citizenship or re-entry into U.S. territory.
Nor, it is likely for a resister or an AWOL to gain refugee or political asylum
status. Under normal circumstances, refugee status can be attained after entry
into the host country for fear of persecution. Upon entry, in order to gain
refugee status, one must sign an affidavit stating that s/he can never return
to the home country. Canada, however, does not provide refugee status for AWOLs
or draft resisters, which means s/he will be deported. Deportation is always
back to the home country.
If a person who is AWOL leaves the country and seeks legal status in Canada
upon deportation to the U.S., it will be easy for the military to show that
s/he had no intention of returning. This could, without doubt, result in a
conviction under a court martial for desertion, which will inevitably involve
jail time.
There are, however, ways for a person who does not want to be part of the
military not to serve. For an AWOL, depending on the branch, there are ways to
gain a discharge. For a draftee, it is possible, for example, to be classified
as a conscientious objector (CO).
It is time to put this myth to sleep. Make sure you, your family, and your
friends are informed.
Please contact the Center (www.nisbco.org) for more information on CO draft
registration and for AWOL information.
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