Workshop 3: Measures implemented by Member States for reducing irregular migration: elements of European comparison

Transcription

1 Second French National Network Conference - Recent Developments in French Immigration Policy and Implementation of European Guidelines Paris, Tuesday 29 November 2011 Workshop 3: Measures implemented by Member States for reducing irregular migration: elements of European comparison

2 Synthesis of compilations of ad-hoc queries on irregular migration Laura Robson EMN Service Provider

3 Irregular Migration as a policy issue in the EU European Pact on Asylum and Immigration and the Stockholm Programme Returns Directive and Employers Sanctions Directive Ongoing Communications Work of other EU institutions (e.g. FRA)

4 Irregular Migration EMN research and activities Study on Illegally resident third-country nationals in EU Member States: state approaches towards them (2005) Study on Practical Measures to reduce Irregular Migration (2011) EMN Annual Conference (2011) National Conferences (IT, NO, FR, IE, BG) EMN Ad-Hoc Queries

5 EMN Ad-Hoc Queries on Irregular Migration Measures taken by the different Member States in the struggle against illegal immigration (11th August 2008) Detention and Rights of illegally-resident Aliens (24th February 2009) Data on regularisations (20th March 2009) Undocumented asylum seekers from Mauritania (22nd May 2009) Criminal penalties against illegally entering or staying third-country nationals (13th July 2009) Procedures of Control of Administrative Detention (15th December 2009) Information- sensibilisation - and prevention campaigns in countries of origin (23rd December 2009) Illegal migration in the Mediterranean Sea Basin (23rd March 2010) National definitions of irregular migrants and available data (1st March 2011) Consequences of the Zambrano case (April 2011) Practical Measures for Reducing Irregular Migration (17 October 2011)

6 1) National definitions of irregular migrants and available data Launched by Service provider with AT, FR, UK (March 2011) Responses received from AT, EE, FI, FR, DE, HU, IT, LV, LT, LU, SI, ES, SE, UK (14) Updated November 2011 (LV, SK) Aim: inform EMN Study Specifications Results...

7 1) National definitions of irregular migrants / available data, cont. Definitions use EMN Glossary definitions Irregular migration over illegal migration 9 out of 13 do not have any official or working definitions irregularity defined by default as a TCN breaching regulations of entry, stay and, in most MS (but e.g. not LT) employment.

8 1) National definitions of irregular migrants / available data, cont. Data Stock / flow estimates (e.g. Clandestino), indicators (e.g. Eurostat Regulation 862/2007/EC + detention of irregular migrants) Irregular employment labour inspections Negative decisions on asylum applications Marriages of convenience Costs Difficulties in finding and reporting data

9 2) Illegal Migration in the Mediterranean Sea Basin Launched by the Polish EMN NCP (May 2010) Responses received from FR, IT, MT, ES (4) Updated November 2011 (FR) Aim - inform PL Min. Interior analysis Results...

10 2) Illegal Migration in the Mediterranean Sea Basin, cont. Numbers high numbers entering Spain and Italy (esp. 2008). Increasing problem to FR in 2011 French operations with Frontex Nationalities not easy to identify trends, but almost all African + most commonly N. Africa. In France, mostly commonly Tunisia / Algeria Future trends continued migration, but collaboration with Countries of Origin = positive.

11 3) Practical Measures for reducing Irregular Migration Pre-entry Visa and document checks through staff stationed in third countries Identification of irregular migration routes Information campaigns Risk and trend analysis Cooperation with carriers Implementing EU legislation

12 3) Practical Measures for reducing Entry Irregular Migration, cont. Use of technology (detecting persons, detecting fraudulent documents, border surveillance) Profiling entering migrants External Borders Fund Targeted action at particular borders (e.g. sea) Cooperation with third countries neighbouring EU

13 3) Practical Measures for reducing Stay Irregular Migration, cont. Targeted inspections (e.g. of workplaces) Interdepartmental cooperation Checks on applications for family reunification and self-employment Employers sanctions

14 3) Practical Measures for reducing Irregular Migration, cont. Pathways out of irregularity Large-scale regularisation (e.g. Backlog of asylum decisions) Case-by-case regularisation (preferred by EU) Voluntary return (assisted, reintegration support) Forced return (last resort) Temporary statuses to specific persons (stateless, non-removeable) Long-term measures cooperation with third countries and use of trend data

15 Drawing together the information Ad-Hoc Queries Rapid Specific purpose General Findings? Irregular migration is an issue (e.g. Med. Basin) Difficult to measure accurately though Member States put in place a range of measures Importance of respecting fundamental rights

16 Thank you for your attention Ad-Hoc Queries and National Reports available from (Under Ad-Hoc Queries and EMN Studies )