to the entry of skilled migrants. Except for large employers, the 2002 Act together with the regulations mostly made the process of entry more complicated and time consuming.62 Following a 2004 directive from President Thabo Mbeki to the Ministry of Home Affairs to bring the Immigration Act into line with national policy objectives, the Immigration Amendment Act was introduced and became fully operational with the publication of new Immigration Regulations in July 2005.63 The Immigration Act provides for the arrest, detention, and deportation of “illegal foreigners” and for the punishment, by a fine or imprisonment, of those who employ or aid them.64 With respect to foreign workers, the legislation generally promotes temporary rather than permanent residence and does not encourage family immigration.65 The legislation provides for thirteen types of temporary residence permit and five types of work permit.66 Generally, the main consideration in issuing work permits is whether the employer can demonstrate that a South African citizen or permanent resident is not available for the position.67 The employer is also required to demonstrate that the terms and conditions of employment will not be inferior to those applicable for citizens.68 The Immigration Act ends employers’ access to special exemptions for the recruitment of foreign workers based on the minister’s approval, but provides for bilateral agreements, thereby preserving existing treaties with governments in the region.69 The legal environment for farm workers has improved substantially, beginning in 1993.70 South African labor legislation implicitly assumes that foreign workers are legal under the Immigration Act and therefore does not distinguish between documented and undocumented workers. Additionally, South Africa’s employment laws apply to all legal workers in the country, and therefore these laws make no explicit distinctions between 62 Crush and Williams, “International Migration and Development: Dynamics and Challenges in South and Southern Africa,” p. 24. 63 For the Presidential directive, see “Address by Hon. NN Mapisa-Nqakula on the Occasion of the Presentation of the 2006 Budget Vote of the Department of Home Affairs (Budget Vote 4),” The National Assembly, Cape Town, May 30, 2006, http:www.home-affairs.gov.za/speeches.asp?id=161 (accessed June 15, 2006). On differences between the Immigration Act, 2002, and the Immigration Amendment Act, 2004, see Crush and Williams, “International Migration and Development: Dynamics and Challenges in South and Southern Africa,” pp. 24-25. 64 The Immigration Act, section 38(1) forbids employers to hire undocumented foreigners; the Immigration Act, as amended by Immigration Amendment Act, section 40, makes it an offense to hire or aid undocumented workers. 65 Crush and Williams, “International Migration and Development: Dynamics and Challenges in South and Southern Africa,” p. 25. 66 Immigration Act, as amended by Immigration Amendment Act, sections 10 to 24. 67 South African Department of Home Affairs, http://www.homeaffairs.gov.za/services_foreigners.asp?topic=temp (accessed July 10, 2006). 68 For examples see Immigration Act, as amended by Immigration Amendment Act, section 19(2)(b); Immigration Regulations, sections 18(1) and 16(4)(i). 69 Immigration Act, as amended by Immigration Amendment Act, section 21(4)(b). 70 This paragraph draws on Human Rights Watch, Unequal Protection, pp. 42-46. 19 HUMAN RIGHTS WATCH VOLUME 18. NO. 6(A)