Immigration offences have increased since 2004 in number and the kinds of offences committed.
Last Wednesday, when court lists showed 14 immigration cases for mention or trial, a wall chart in Ms Lewis’ office showed 50 more under investigation.
That brought the total so far this year to 361. By comparison, the Enforcement Section investigated 230 cases in all of 2004.
Typical charges just a few years ago involved overstaying and working without a permit.
Now Immigration officers are seeing an increase in false statements, marriages of convenience and what work permits of convenience, said Assistant Chief Immigration Officer Jeannie Lewis, who is in charge of the Enforcement Section.
Work permits of convenience typically involve a resident obtaining a permit for a friend without being able to provide legitimate employment. The friend then usually seeks out work from other people. That work is outside the terms of the permit and is an offence.
Marriages of convenience are taking place between a foreign national and a Caymanian or between a foreign national and someone who has permanent residence. In these cases, it is not unusual for the couple to go through a marriage ceremony and then not live together.
On conviction, the offender is liable to a fine of $10,000 and imprisonment for one year.
A false statement on a work permit application is usually made to cover up a criminal conviction in another country.
Ms Lewis said agencies in foreign countries inform Cayman authorities of people who are deported back to their native countries.
To get around this, some people coming to Cayman travel under an assumed identity. The passport might be fake or altered. It could have been obtained with someone else’s birth certificate and supporting documents to give the holder a new identity.
Ms Lewis said immigration officials in other countries are helpful when authorities here have questions about passports or documentation. Sometimes the checking process is slow because of manpower shortage or because the overseas records may not be computerised.
Sometimes Cayman officers have to travel to the foreign country to obtain official documents that can be used as evidence when a matter goes to trial, Ms Lewis said.
Of all the possible immigration offences, one that gives her most concern is illegal landing. If a person comes to Cayman without going through an airport or port, there is no record and therefore no trail of documents to trace.
One must wonder at the illegal lander’s true purpose for being here, Ms Lewis said. The offence is so serious that legislators have made the offender liable to a fine of $20,000 and to imprisonment for five years.
The investigation of an alleged immigration offence is a painstaking process. The suspect is generally on bail while information is gathered and submitted to the Legal Department for a ruling as to whether the evidence is sufficient for a person to be charged.
Officers must then finish up the paper work and call in the individual, who will be bailed to appear in court.
The case officer is also expected to be in court, which can be time consuming.
The work of the Enforcement Section is carried out by two senior officers, six other officers, two clerical staff and Ms Lewis.
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