By Gerrino J. Saunders

Bahama Journal News Editor

There is no denying that illegal migration into the country is among the top concerns of many Bahamian people and will likely be among the top three issues for voters heading into the 2026 General Elections along with the economy and crime.

The Davis administration is attempting to put a serious dent in covert human smuggling operations believed to be active in the region and right here in The Bahamas, and as a result passed the Migrant Smuggling Bill 2025 earlier this week. 

The Attorney General Ryan Pinder and Prime Minister Philip Davis have explained in recent weeks that the current laws are riddled with loopholes and do not focus directly on multiple layers of those involved in trafficking humans, and the new laws target all role players.

After the first reading of the bill a week earlier, the government was compelled to make several amendments after a number of concerns expressed by the public and both opposition parties. 

Before he began debate on the second reading and passing of the bill Wayne Munroe the Minister of National Security advised in the House of Assembly that section 11 of the bill, which referenced immunity from prosecution for individuals smuggled into The Bahamas, was removed.

Section 11 stated: “Without prejudice to the applicability of any other law establishing criminal offense, a smuggled migrant shall not be liable to criminal prosecution under this act, in respect of — (a) illegal entry into the receiving country or transit country; (b) remaining illegally in the receiving country or transit country; or (c) possessing a fraudulent travel or identity document, where such act is a direct consequence of the smuggling of the migrant alleged to have been committed, or found to have been committed by a court, and the migrant is a victim of that criminal conduct prohibited under this part.”

Many Bahamian citizens expressed their displeasure suggesting that migrants who willingly pay to be smuggled are not victims, but facilitators of the crime.

Mr. Munroe said the government heard the “outcry” of the people and responded in kind.   “This is a responsive government. This government is responding by removing it. People had a problem with there being immunity, it is being removed,” said Munroe. 

Prior to debate Opposition leader Michael Pintard while outside parliament said, “We want to say to the Public in simple terms, the bill opens more loopholes than it closes.  One of the major concerns we had is the sort of blanket immunity it provides to people we do not consider victims, people who willingly participate in paying money to bad actors in order to come into our country.  The bottom line is we ought not give any ground to that type of behaviour; it only opens the flood gate.”

The Official Opposition did not support the bill and said the government needs to go much further to address the issues regarding illegal migration into the country including tackling corruption and political interference in government agencies tasked with immigration issues.  

The bill was seconded by Prime Minister Philip Davis who defended the  bill noting that The Bahamas  continues to be faced with the difficulty of detecting and policing criminal activity because of the vast number of entry points throughout the islands, and while it was mainly drug smuggling in years past, today criminal networks seek to profit from human suffering, by moving desperate men, women, and children, through these same maritime corridors.

He said, “The Migrant Bill we have before us, targets these criminals directly. This bill makes it easier to prosecute smugglers and punishes them with harsher penalties than ever before. This is how we protect Bahamian communities on all of our islands. This is how we rule our waters. And this is how we reduce the number of migrants who enter our country.”

Mr. Davis noted that to our south, there are nations in severe distress, suffering serious political instability, food insecurity, violence, and the prospect of even further economic collapse.  And where Bahamians see tragedy, smugglers see a business opportunity, and transnational smuggling networks have become a big business.  

He said the Migrant Bill makes it easier to prosecute and punish everyone involved as well as strengthens The Bahamas’ cooperation with partners in the region. 

“It extends Bahamian jurisdiction so that offences connected to The Bahamas – as an origin, transit point or destination – can be prosecuted even when the smuggling activities take place outside our territorial waters or on foreign-flagged or stateless vessels,” said the Prime Minister.

Continuing he said, “We are telling smugglers: If you use our waters, our islands, or our jurisdiction as part of your criminal enterprise, we will come after you – wherever you operate. It doesn’t matter if you never stepped foot on a boat in our waters – if you organized this activity, if you coordinated or funded it, if it is your boat or plane in use, if you forged the documents – you are a criminal under this law.”

Mr. Davis explained that until now, Bahamian officers and prosecutors have had to piece together cases from provisions in the Penal Code, the Immigration Act, and other laws. 

He said, “Smuggling rings require planning, financing, transportation, and harbouring. Yet our laws did not clearly define the chain of conduct as one offence with one set of strong penalties. This Bill defines the smuggling of migrants as a crime distinct from immigration offences and establishes that: If you plan or organise the route, you can be charged. If you provide the vessel or the aircraft, you can be charged. If you supply false documents, you can be charged. If you provide safe houses or transportation inside The Bahamas, you can be charged. If you take payment at any point along the way, you can be charged.

“This applies whether the migrants are bound for The Bahamas, passing through The Bahamas, or departing our islands for the United States or any other destination. And if you are convicted, the consequences will be serious. Fines up to three hundred thousand dollars. Prison sentences up to fifteen years. Confiscation of any vehicle or apparatus used in connection with those offences.”

Mr. Davis noted that the bill was tabled on October 15th, and the full text has been online since, and that the government has invited the legal community, civil society, and ordinary citizens to read it and share their views.

He said, “Some did so in good faith, and shared suggestions. My government took the concerns and recommendations shared seriously, as we always do. In particular, there were concerns that the effect of some provisions might give migrants in our country illegally a new pathway to be here legally. That was never the intention, and we had been given legal guidance that was not the case. But we believed it important to amend the bill so as to remove any doubts whatsoever on that point.”

He explained that where the bill outlined the humane treatment of migrants, it simply described how our officers already behave now, in accordance with international legal obligations and our morality and our faith. 

The Prime Minister reminded that the government has invested millions into equipping the Royal Bahamas Defense Force and continues to apprehend and repatriate illegal migrants. 

Royal Bahamas Defense Force Commander Floyd Moxey while at the Office of the Prime Minister last week revealed that since 2021 they have interdicted or assisted in interdicting 344 vessels that were involved in migrant smuggling activities and from those interdictions 11,791 migrants were apprehended and handed over to relevant authorities namely the department of immigration for processing.  

Meanwhile, the Prime Minister noted that during his administration they have carried out more than 13,000 repatriations.

Additionally, he said the number of detainees at the Carmichael Road Detention Centre has fallen dramatically, at points to just a few dozen. 

“That is what happens when a government insists that all who are detained must be processed and returned quickly, instead of allowing numbers to build up and conditions to deteriorate. These accomplishments are the result of efficient operations, stronger coordination between agencies, and investments in the tools required to intercept migrant vessels before they reach Bahamian shores,” said Prime Minister Davis.

He thanked the Minister of National Security, the Attorney General, and the Minister of Immigration and National Insurance, as well as their teams, for their leadership on the issue of illegal immigration.

He said, “Through the Smuggling of Migrants Bill 2025, we have provided further support to our men and women on the front lines. And we are sending a clear message to those who engage in human smuggling and other illegal forms of migration: We will not allow criminal networks to use our islands as corridors.  We will not allow lawlessness to challenge the safety and stability of our communities. We will not tolerate the exploitation of vulnerable people. And we will not compromise our sovereignty.”