By Tynia Brown

Journal Staff Writer

The Migrants Bill 2025 is now shaping up to be one of the most contentious legislative proposals in years, touching on national security, humanitarian obligations, sovereignty, and the country’s capacity to manage migration in an increasingly unstable region.

Attorney-General Hon. Ryan Pinder is seeking to clarify the intent and impact of the Bill, as public debate intensifies and political groups, including the Coalition of Independents (COI), raise concerns over what they say are dangerous provisions in the legislation.

Although he did not address any individual directly, Mr. Pinder acknowledged that significant public concern has emerged following commentary from various groups, prompting him to outline what the bill actually does, and does not change.

Pinder stressed that the Bill, tabled on October 15 and publicly available since then, is designed strictly to strengthen the country’s fight against human smuggling, which he called a “heinous crime” that exploits vulnerable people and undermines national security.

“The clear and unequivocal goal of the bill is to reduce human smuggling activity by criminalizing and increasing penalties for a wide range of activities associated with smuggling,” he said.

The proposed law introduces penalties of up to $300,000 in fines and 15 years in prison for anyone who assists, transports, hides, benefits from, or otherwise facilitates smuggling operations.

A large part of the controversy stems from claims that the Bill creates a pathway for migrants to claim asylum in The Bahamas,  a concern heavily stressed by the COI and its leader, Lincoln Bain, who argues that the legislation opens the door for migrants to remain in the country indefinitely.

Bain has pointed to five references to “asylum” in the bill and the inclusion of non-refoulement principles, arguing that these provisions effectively prevent the government from repatriating migrants arriving from unstable countries, such as Haiti.

“Anyone who lands here could claim asylum and be allowed to stay,” Bain said during a public demonstration, adding that such a scenario represents “a direct attack on the nation’s sovereignty.”

He further warned that the legislation could require The Bahamas to feed, house, educate, and provide medical care for migrants on an unpredictable scale.

The Attorney-General pushed back firmly against these interpretations, stating that the Bill does not grant migrants any right to enter, remain in, or receive legal status in The Bahamas.

“The bill did not give migrants any new right to enter The Bahamas, to remain in The Bahamas, or to receive any legal status in The Bahamas,” Mr. Pinder said. “Nothing in the legislation removes our existing power to arrest, detain, charge, or repatriate individuals who violate immigration laws.”

He explained that the inclusion of non-refoulement is not a new policy, but a formal restatement of long-standing humanitarian practices already followed by the Royal Bahamas Defence Force, ensuring migrants are not subjected to inhumane treatment, and that vulnerable persons such as children, pregnant women, and individuals with medical needs are handled safely.

Mr. Pinder said the government intends to amend the Bill to remove any “ambiguity or uncertainty,” acknowledging public fears even though he maintains the concerns are based on misinterpretations.

Bain and the COI have also insisted that the offences listed in the Bill already exist under the Immigration Act, calling the new legislation a “red herring” designed to confuse the public.

“Every offence they are pushing is already in the law,” Bain argued, “if you want tougher penalties, just amend the Immigration Act.”

He accused the government of prioritizing foreigners over Bahamians and warned that The Bahamas cannot financially sustain responsibilities tied to asylum or temporary protection.

However, Pinder maintains the opposite, saying that the Bill is needed because prosecutors currently must “patch together” the Penal Code and multiple immigration laws to build smuggling cases, leaving gaps that criminal networks exploit.

He noted that the new Bill provides the following:

• clearer definitions of smuggling offences
  
• stronger authority for joint operations with U.S. and regional partners
  
• updated legal tools for enforcement at sea, even in certain circumstances outside Bahamian waters

The Attorney-General described recent border security improvements as “historic,” crediting investments in surveillance technology, new Defence Force assets, and enhanced international cooperation.  He said these upgrades have led to a dramatic increase in the apprehension of smugglers and migrants before reaching land, despite growing instability in Haiti, Cuba, and Venezuela.

With the Bill expected to be debated in Parliament soon, Pinder emphasized that the focus remains on disrupting criminal smuggling networks, not altering the country’s immigration framework.

“If you want fewer people in our country illegally, you will want to support this Bill,” Mr. Pinder said.

Meanwhile, Bain has vowed to continue public pressure, promising that his party will mobilize whenever debate begins, saying:  “This is an existential threat to the well-being of Bahamians.”

The Migrants Bill 2025 is now shaping up to be one of the most contentious legislative proposals in years, touching on national security, humanitarian obligations, sovereignty, and the country’s capacity to manage migration in an increasingly unstable region.