The state of the Union’s migration policy
Platform for Undocumented Migrants (PICUM)
We work for a world where everyone can enjoy their human rights, whatever their migration status.
As migration is again hitting the headlines of much European press, EU policy-makers are doubling down on punitive approaches that already proved to be ineffective, and lead to more harm.
After a quick visit to Lampedusa, the President of the European Commission presented a 10-point plan to tackle the recent increase in arrivals in the Italian island, focusing on border surveillance, quicker deportations, readmission deals with third countries, entry bans for those denied asylum, campaigns to deter people from crossing the Mediterranean, and an increased role for Frontex in migration management.
Surveillance and sanctions were also the focus points on migration in this year’s State of the Union address. The President of the Commission praised efforts to “reduce irregular migration” both from Belarus and the Western Balkans, as well as the recent EU-Tunisia deal, all of which prioritise border control over people’s lives. She also called for more criminalisation measures against “migrant smuggling”.
What this approach oversees is that punishing people for moving to Europe doesn't recognise or address why people move in the first place, nor what options they have to do it in safety and dignity, following "regular" routes (little to none). Surveillance, barriers and sanctions only make journeys more dangerous and lead to more harm.
A truly new approach for Europe to manage migration would focus on safe regular routes, from fair asylum procedures to decent work permits, so people don't have to rely on smuggling, and risky and expensive "irregular" journeys.
BORDERS
EU-Tunisia deal: EU Ombudsman asks Commission about fundamental rights
The European Ombudsman is seeking information from the European Commission on how it plans to protect human rights in the recent EU-Tunisia agreement. The deal, signed in July, includes financial support for Tunisia's border management. The Ombudsman has raised concerns about the agreement and is asking whether the Commission conducted a human rights impact assessment before signing it, if periodic reviews will be conducted during implementation, and if there are criteria for suspending funding in case of human rights violations. The Ombudsman requested a response by December 13, 2023.
France: EU court rules out pushbacks at internal borders
The EU Court of Justice ruled that France may not push back people entering irregularly at its internal borders, and that it has to comply with standards and procedures in the Returns Directive. The ruling came in response to a question asked by the French Council of State about whether France could adopt a decision to refuse entry solely on the basis of the Schengen Borders Code, having re-introduced temporary controls at internal borders, and derogate from the Returns Directive.
DETENTION and DEPORTATIONS
EU Court rejects human rights claims against Frontex
The European General Court dismissed a first-of-its-kind case brought against Frontex by a Syrian family alleging unlawful deportation on a joint Frontex-Greek flight. Despite Frontex being involved in the deportation flight, the court found that Frontex’s responsibility could not be engaged as it lacks authority in return decisions. The case was the first attempt to hold Frontex responsible for human rights violations, and its dismissal raises concerns about the possibility to hold the agency accountable.
Italy: government to escalate immigration detention
The Italian government has passed measures aimed at increasing the use of immigration detention, in response to a recent increase of arrivals at Lampedusa. These measures include lengthening the detention period for people awaiting deportation, increasing it from three months to up to 18 months (the maximum allowed by the EU Returns Directive). The government also plans to establish more detention centres with the aim of having one in each one of Italy’s 20 regions. These measures have faced criticism from the opposition and rights groups, who describe return detention centres as "black holes" where human rights are violated.
Poland: dozens go on hunger strike in immigration detention centres
Around 70 people held in immigration detention in Przemysl, Poland, went on a hunger strike from September 5-9, protesting against their detention and mistreatment. The strikers demanded respect for their rights, access to medical care, and the ability to connect with their loved ones through social media. The protest took place in response to an incident in late July where a resident attempted suicide. The hunger strike ended on September 9 after reports of officers beating the protesters. Smaller hunger strikes were continuing in other centres.
UK: public inquiry uncovers torture against people in immigration detention
The first public inquiry into abuses at a UK immigration detention centre (Brook House) has revealed evidence of human rights abuses, torture and inhuman or degrading treatment. The inquiry, prompted by undercover footage from a BBC Panorama documentary in 2017, identified instances of physical and verbal abuse, including the use of racist language by some staff toward detainees. The report highlights failures in safeguarding, excessive use of force, and issues related to healthcare provision, and calls for the introduction of a 28-day time limit to immigration detention.
HEALTH
Finland: doctors oppose health care restrictions for undocumented people
The Finnish Medical Association, representing most doctors in Finland, strongly criticised the government's plan to deny non-urgent medical treatment to undocumented migrants, calling it "very problematic and harmful." They argue that this proposal contradicts a doctor's duty of care and ethical standards in the medical profession. The association believes the plan will not save money as intended but instead worsen inequality in accessing essential health and social care services.
Greece: health care programme for undocumented people extended
The Greek government has extended temporary healthcare programme PHILOS providing free access to public health services for migrants and refugees living in camps until February 2024. The Ministry of Immigration and Asylum explained this extension as a way to ensure health coverage during the transition to a new programme. PHILOS, which began in 2017, offers health and psychosocial services to those in migrant and refugee camps and is funded by the EU's Asylum, Migration, and Integration Fund.
UK: advocates denounce plans to access medical data of foreign patients
The UK's plan to include Home Office reference numbers, linked to immigration status, in health records has raised alarm among migrant rights groups. The reference number would be integrated into personal demographic services, containing patient data like names, addresses, birthdates, and NHS (national health service) numbers. Civil society is concerned that this may lead to greater surveillance and discrimination against migrants, discouraging them from seeking healthcare.
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POLICING and CRIMINALISATION
Sweden: government considers mandatory reporting of undocumented people
The Swedish government, along with its far-right ally, is considering mandatory reporting of undocumented people, as part of a broader plan to tighten immigration controls in the country. An upcoming inquiry will determine whether Swedish municipalities and authorities should be obliged to inform immigration agencies and the police when encountering undocumented individuals. An interim report is expected in January, with the final report due in September next year.
REGULARISATION
France: MPs call for regularisation of undocumented people
A group of MPs from various political groups (centrist, left and Greens) in the French parliament co-signed an open letter asking the government to regularise the situation of undocumented people living in France. The signatories propose to: regularise undocumented workers, especially those in shortage occupations; restore the right to work for asylum seekers by reducing the current six-month waiting period; improve access to appointments at the prefectures for residence permit applications and renewals.
Belgium: Wallonia asks federal government to regularise undocumented workers
In Belgium, the Wallonian regional government asked the federal authorities to regularise the situation of undocumented people living in the region to fill significant labour shortages in various sectors. The proposal would only concern workers who have the skills to work in such sectors. The prime minister, however, ruled out this possibility already.
Greece: government announces broad regularisation
Greece's migration minister, Dimitris Kairidis, has announced plans for a major regularisation programme aimed at addressing labor shortages in agriculture, construction, and tourism. This programme would target around 300,000 undocumented migrants, including people with expired residence permits. The initiative, inspired by a 2020 reform in Italy, seeks to boost public revenue through employment taxes and contributions while combating labor shortages.
WORK
New research shows EU rules contribute to exploitation of migrant workers
New research carried out by the Université Libre de Bruxelles shows migrant workers working in the EU under a combined residence and work permit (“single permit”) as per the EU Single Permit Directive are facing exploitation. Workers interviewed reported wage theft, illicit wage deductions, long working hours, and discrimination. Where it's not possible to change employer on the same permit, some workers endured exploitation and abuse for fear of losing their right to work in the EU. This is among the issues currently under discussion in the ongoing renegotiation of the Single Permit Directive.
PUBLICATIONS
ECRE-PICUM, Revision of the Multiannual Financial Framework – Key Recommendations on Migration and Asylum
Statewatch, Europe's techno-borders
BOOKMARKS
?? The Guardian follows undocumented riders during their working day, between road accidents and immigration checks. [English]
?? Le Monde shows how migrant workers, including when undocumented, underpin entire sectors in France. [French]
?? Street Press reports about little-known places of immigration detention in France, inside police stations. [French]
? Free Movement recaps current legal challenges to the UK’s Rwanda deal. [English]
?? In These Times investigates how Europe outsources border control to African countries. [English]
?? Radio France International explores issues concerning undocumented people in a 5-episode podcast. [French]
?? Photographer Greg Constantine documents immigration detention in Europe and other parts of the world. [English]