Anthony Albanese’s big headache: Trump-style deportation plan suffers major blow as Labor senators turn on law

A committee made up of a trio of Labor senators has condemned the rush to pass Prime Minister Anthony Albanese’s ‘Trump-like’ immigration legislation.

The Senate committee that examines bills includes three Labor senators – deputy leader Raff Ciccone, Tony Sheldon and Jess Walsh – alongside two Liberals and one Greens senator.

The group quietly submitted a report on Wednesday criticizing Labour’s proposed migration amendment, which could prevent citizens from up to five countries from traveling to Australia – even as tourists.

But even the majority Labor committee warned: “It is not clear why such a power is necessary.”

Senators have now demanded that Immigration Minister Andrew Giles explain his reasons for the legislation.

One of the group’s main concerns was the haste with which Labor tried to get the bill through Parliament last week.

Immigration Minister Andrew Giles and Home Secretary Clare O’Neil have both faced widespread criticism since trying to push the bill through

Anthony Albanese’s bill is compared to ‘Trump’s travel ban’

“Shortened parliamentary processes, by their very nature, limit parliamentary scrutiny and debate,” the report warned.

‘This is of particular importance when it comes to bills that could have serious consequences for personal rights and freedoms.’

Under the proposed legislation, the immigration minister will have extraordinary powers to ban tourists from a handful of countries that do not cooperate with Australia when their citizens are deported against their will.

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The committee said they had “increased concerns” about the minister’s powers to remove lawful non-citizens who may have been granted visas in Australia.

The report found that these people could have ‘no certainty or clarity as to when a visa may be subject to removal proceedings’.

Labor had hoped the legislation would pass both houses last week, but ran into trouble when it became clear the coalition would side with the Greens in delaying the legislation for a more rigorous examination.

It will now be subject to a Senate investigation, with the expectation that it will return to the Senate the same week the budget is presented.

The committee’s report described the potential new laws as “clearly an important issue affecting rights” and noted that “it is not clear why such a power is necessary.”

‘The committee notes that there have been a number of significant changes recently to the legislative framework for migration, with each case being quickly presented to Parliament and adopted by Parliament outside normal processes.

‘Such rapid changes prevent certainty in the law, which is worrying because the changes in this bill, as discussed in this article, could have a significant impact on the rights and freedoms of the individuals affected.’

A trio of Labor senators have taken part in a committee condemning the rush to pass ‘Trump-style’ immigration legislation. Pictured: Jess Walsh

The Senate committee charged with examining bills includes three Labor senators – Deputy Speaker Raff Ciccone, Tony Sheldon and Jess Walsh – as well as two Liberals and one Greens senator.

The committee said that ‘legislation that infringes on personal rights and freedoms should be subject to a high level of parliamentary scrutiny’.

Mr Giles has been called on to ‘respond to the committee’s concerns’.

The countries that could be blacklisted if these laws are passed include Iran, Iraq, Russia, South Sudan and Zimbabwe.

These countries will not accept citizens deported from Australia, and the government hopes a travel ban can force them to withdraw.

The travel ban proposal comes as the government braces for a Supreme Court case on April 17, known as ASF17, that could further fuel controversy over its approach to immigration.

The government was under fire for weeks after the Supreme Court’s ruling in the NZYQ case last November put 149 detainees, including criminals, on the streets.

The applicant in this new case is an Iranian man who refuses to cooperate with his deportation because he fears he will face the death penalty if he returns to Iran because he is bisexual.

There are currently around 200 people in immigration detention in similar circumstances, and the government fears the High Court could order their release before Parliament signs off on the rule change.

Human rights lawyers have described it as “the pure definition of discrimination” and “Trumpian”, while others questioned whether Labor would ever have supported the Coalition if the tables were turned.

Your questions about the ‘Trump-style travel ban’ explained

How would the new ‘tourist ban’ work?

The proposed ‘tourist ban’ will only apply to countries that do not accept involuntary deportations.

The government hopes that the mere threat of an entry ban into Australia will be enough to encourage cooperation from these countries.

Officials hope the law will give them leverage over the countries so Australia can deport citizens who have no real claim to enter Australia.

An example of this is the case that will appear before the Supreme Court next month.

An Iranian man refuses to cooperate with efforts to deport him because he is bisexual and faces the death penalty if he returns home.

Iran does not accept citizens returning without their consent.

What was Donald Trump’s travel ban that the laws are being compared to?

In 2017, then-US President Donald Trump imposed a travel ban that banned entry into the United States for most citizens of Iran, Syria, Yemen, Libya and Somalia. He later added North Korea and Venezuela to the list.

President Joe Biden repealed the ban when he took office.

If re-elected, Trump has promised to reinstate it and extend it to people from Gaza.

Why will it take so long for the Albanian government’s new laws to be passed by parliament?

Labor was counting on coalition support to ensure this bill would pass parliament this week.

The Greens are against stricter detention policies and immediately expressed their disdain for the bill. The crossbench in the House of Representatives also voted against. Human rights organizations have also labeled the proposal as inhumane.

While the Coalition is not necessarily opposed to the contents of the bill, they have argued that they were not given enough time to examine the proposal as they were only informed on Tuesday morning during an already shortened parliamentary session week.

Opposition spokesman James Paterson said his party was acting in “good faith” on Tuesday in allowing the bill to pass the House of Representatives for further scrutiny at a hastily arranged hearing in the Senate, but claimed on Wednesday that their questions were not answered properly.

The party has now worked with the Greens to ensure the bill is put to a Senate inquiry, meaning it will be impossible to pass through parliament on Wednesday as Labor had hoped.

The Coalition has left the door open to returning to Parliament during the break to debate the issue, but only if Labor proves there is a real, urgent need for the laws.

Labor has tried to argue that the legislation is simply about closing a newly discovered loophole, and has not tried to link this bill to the Supreme Court case on April 17.

To get the bill passed before that case, the coalition may hope that they will admit that the two cases are related.

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