don't know what his
immigration status is, but he
is a bad boy
-- Abraham Foxman, national
director of the
Friday, February 14, 2003
headed back to Canada
By COLIN FREEZE
Globe and Mail
uneasy relationship between German-born
Holocaust denier Ernst Zündel
and his adopted home of Canada may be only
days away from resuming.
As Mr. Zündel sat in a Tennessee
jail cell awaiting deportation Thursday, a
U.S. immigration spokesman said that the
prisoner will now likely be sent back to
Canada - and not Germany, as previously
"I got bad information," said Temple
Black of the U.S. Immigration and
Naturalization Service in New Orleans. "It
looks like this guy is going to be going
back to Canada rather than Germany."
Saying that the U.S. has been in touch
with Canada on the issue, Mr. Black added
that "what Canadian authorities will do
with him is not known at this time."
An Immigration Canada spokeswoman could
not comment on the case Thursday.
year, Mr. Zündel vowed that "I
will not set foot in Canada again," -
an avowal he made because of this
country's repeated efforts to strap a
muzzle on him while he was a permanent
For the past three years the
self-styled freedom-of-expression activist
has been living in Tennessee. He was
arrested there last week for allegedly
overstaying a temporary U.S. visa.
As Mr. Zündel's case descends into
immigration-law arcana, his future is not
Mr. Zündel, for example, could try
to appeal or delay any U.S. deportation
order. Already his wife is asking
supporters to call upon the American Civil
Liberties Union to intervene.
Currently the INS says that it plans to
ship Mr. Zündel back to Canada under
the terms of a reciprocal 1987 Canada-U.S.
treaty. But some experts say the treaty is
not automatic - and that it's possible the
U.S. could still decide to deport him to
Germany, a country with tough anti-hate
laws that Mr. Zündel has ran afoul of
Complicating things further is the fact
that Mr. Zündel's status in Canada is
He arrived in
Canada in 1958 and became a permanent
resident, but his attempts to get
Canadian citizenship were not
Because Mr. Zündel has been
outside of Canada for a long period, his
permanent residency status may be in
jeopardy. But this question is muddled by
a change in law.
Prior to this past June, it used to be
that any permanent residents who stayed
outside of Canada for more than six months
could have their status stripped by an
New laws, however, set the bar
differently: It is only permanent
residents who stay outside of Canada for
more than three of the past five years
whose status is in jeopardy.
Mr. Zündel left Canada for the
United States sometime in 2000, making it
unclear as to whether he has exceeded the
If he has no status, Canada could
attempt to send him back to Germany. But
Mr. Zündel would still have access to
various appeals and recourses.
on Ernst Zündel]