Government of the Commonwealth of The Bahamas - STATEMENT ON FALSE CLAIMS ABOUT THE SMUGGLING OF MIGRANTS BILL
This is the first time that a Government of The Bahamas is putting a clear, stand alone crime of migrant smuggling into our law. At present, our Penal Code does not give prosecutors a direct charge for smuggling of migrants. They must piece together charges under the Penal Code and the Customs and Immigration Acts, which leaves much of the behaviour and methods used by smugglers outside the reach of the courts.
This Bill closes that gap and gives prosecutors and enforcement agencies a strong, modern legal tool to fight the smuggling of migrants and, with it, illegal immigration.
Against this background, the Government of The Bahamas rejects the false and reckless claims being made by Lincoln Bain about the Smuggling of Migrants Bill, 2025. His comments mislead Bahamians about what the Bill actually does and create unnecessary fear about the safety of our borders.
The Bill leaves the Immigration Act fully in place. Illegal landing, overstaying and related breaches of immigration law remain criminal offences. Immigration officers keep their full authority to detain, process and remove people who enter or remain in The Bahamas in breach of our laws.
The purpose of the Bill is to go after the criminal networks that organise and profit from moving people illegally across borders. Under section 5, a person who commits the offence of smuggling migrants is, on summary conviction, liable to a fine up to S100,000 or imprisonment up to seven years, or both.
On conviction on information, that person is liable to a fine up to $200,000 - imprisonment up to ten years, or both. Where the smuggling involves aggravated conduct such as endangering life, violence, exploitation, abuse or similar acts, section 5(5) increases the penalties.
In such aggravated cases, on summary conviction the court may impose a fine up to $250,000 or imprisonment up to seven years, or both. On conviction on information the court may impose a fine up to $300,000 or imprisonment up to fifteen years, or both.
In addition, where the offender owns the aircraft, vessel or vehicle used in the crime, that asset is liable to seizure and forfeiture and the court may impose a further fine up to three thousand dollars for each migrant smuggled.
The clause being circulated by Mr. Bain deals with smuggled migrants as victims and witnesses of this crime. It simply prevents a victim from being charged under this new anti-smuggling law for acts that arise directly from being smuggled, such as illegal entry or possession of a fraudulent document supplied by the smuggler.
Immigration authorities remain free to act under the Immigration Act, including detention and removal. There is no wording in the Bill that grants permanent residence, citizenship, or any fast-track to Bahamian status.
The Bill requires only basic, short-term humanitarian care for people in state custody, such as food, shelter and urgent medical attention. That standard reflects our Constitution, our Christian faith and our international obligations.
It does not create long-term welfare benefits and it does not interfere with removal procedures.
Irregular migration and border control demand serious, honest leadership. The Government of The Bahamas remains firmly committed to strong borders, tough penalties for smugglers and humane treatment of every person in our custody.
Bahamians can be confident that the Smuggling of Migrants Bill strengthens national security and gives our law enforcement officers stronger tools to break the smuggling networks that threaten our country.
December 2, 2025
Commonwealth of The Bahamas
