Illegal Immigration in Europe

19th EU-Japan Journalists’ Conference – Tokyo

José Magalhães

Illegal Immigration in Europe

Framework

- immigration as a global phenomenon

- immigration in Europe

Framework – immigration as a global phenomenon

Presently migration flows are characterized by:

- increased global number of migrants;

- higher irregular and illegal migration rates(12 million illegal immigrants in USA – the majority of whom entered by way of the best guarded frontier in the world –Texas/Mexico;only 1% of them prosecuted by US gov.);

- negative impactof the activity of networks of smuggling and trafficking in human beings;

- promoting the integration of migrants in the receiving societiesis a challenge yet to be met;

- multiplication and complexification of migratory routes;

- migratory volume outnumbering institutional capacity of the receiving countries.

Relevant economic gaps between developed and developing countries, as well as demographical issues, allied to political and social instability contexts, are leading to a significant increase of labor force mobility.

Migration: is becoming a priority issue on the political and social agenda of all States.

Globalization: steadily increasing migratory flows disable the traditional “exclusiveness of routes”: all countries are today (or may son be) simultaneously countries of origin, transit and destination.

Framework – immigration as a global phenomenon

Border control systems by themselves canot put an end to illegal immigration The opening of legal and duly regulated immigration channels is a good

response to illegal immigration but their existence does not automatically bring a reduction of illegal migratory flows

The internacional tendency is towards increasing competition between countries for qualified workers

MOREOVER a realistic perspective is much needed, because:

Framework – immigration as a global phenomenon

According to UN statistics, there are about 200 million international migrants worldwide – this figure represents 2 to 3% of the global world population (6.500 million).

About half of the global number of international migrants worldwide are women;

-64 million are currently in Europe, - 51 million in North America, - 53 million in Asia, - 17 million in Africa,- 5 million in Latin America,- 5 million in Australia.

Framework – immigration as a global phenomenon

1 out of 40 people will remain abroad;

More than 45% of the world population lives with less than 1US$ per day;

Most of them concentrated in Africa and Latin America.

Framework – immigration: push & pull factors

There are a number of factors that make people consider migrating – the so called “push factors” - mainly regarding socio-economic conditions in countries of origin;

Main “push factors”- Negative or low economic growth;- Unequal income distribution;- Overpopulation;- High unemployment and underemployment rates;- Armed conflicts, ethnic cleansing;- Human rights abuses, discrimination, persecution; - Natural catastrophes and ecological degradation (vg long periods of drought);

As for the “pull factors” of countries of destination, the foremost one consists in social-economic welfare.

Willingness to migrate & fostering capacities of receiving countries: an intricate balance to achieve.

The combined effect of push & pull factors leads to greater migratory pressure.

Framework – immigration in Europe

The falling apart of colonial structures, the demographic boom registered on developing countries, the shatter of the Eastern Bloc and the mobility phenomena alongside with globalization - all these factors contributed to make Europe a place of both origin and destination for migrants. This trend has been accentuated since the 1970’s.

European Union lacks labor force in certain sectors that cannot be compensated through the internal labor market.

Labor shortages apply both to high and low-skilled segments.

A portrait of Immigration as we know it:- elemental labor immigration;- legal entries that become irregular with

unauthorized work and overstaying visas;- Migrants are typically active citizens, mostly

young people;- Migration occurs partly through informal

networks (like family reunion) and partly through organized groups that dedicate themselves to the smuggling and traficking of human beings;

Major migratory flows towards Europe come from:South America;Africa;Central Asia;Eastern Europe.

Framework – immigration in Europe

Framework – immigration in Europe: the demographic factor

Destination countries benefit from migration for it has a positive impact both on the overcoming of national shortages on the labor market and also by increasing the active population volume.

The EU comprehended in 2005 approximately 489 million inhabitants, according to the Eurostat.

Over 70% of the demographic growth registered during the last decade is due to the migratory flows that envisaged the 27 EU Member-States.

Population ageing - the decline of demographics in general and the decline of the active population in particular, is one of the most relevant EU problems.

Looking forward, it’s estimated that in 2031 around a half of the European territory will have 30 % of non-active population;

Demographic growth in the EU until 2025 will be essentially due to the increase of migrant population.

However, it won’t be enough to overcome the decrease, as a whole, of active population, that will be especially accentuated from that year forward.

Framework – immigration in Europe: the demographic factor

Central Europe registered negative rates of population growth even when birth rates among the migrant community (around 7% of the global population) increased.

As it was recently stressed by Vice- President FRATTINI, population in the 50 least developed countries is predicted to double from 800 millions in 2007 to 1.7 thousand millions in 2050 - this will represent a relevant boost factor of migratory flows.

Framework – immigration in Europe: the demographic factor

Net migration has became the major component of population growth in the European Union;

Since 2000 more than three-quarters of the total population growth is due to net migration;

In the years 1960-2004, net migration resulted in an estimated increase of 20 million persons in the European Union;

The difference between immigration into and emmigration ( net migration ), has registered since 1960 a growing rate of immigration, becoming the most significant cause of the population growth;

Many of the irregular entries are achieved through:- Frustrating the purpose of entry (very often work camouflaged as tourism) – legal

entry followed by long overstays; - Document fraud and forgery;- Organized criminal networks;

Framework – immigration in Europe: the impact of globalization

Free circulation of people within the EU territory, Schengen space and globalization set major challenges to a comprehensive management of migratory flows, particularly in what concerns the fight against illegal immigration.

To put in place a an appropriate European immigration management system a new paradigm is required:the conflict between “open door” and “zero immigration” paradigms led to poor results.A new balance is needed.

Asylum and refugee support mechanisms are often used as an alternative to the common immigration control policy.

COMPLEXITIES HAVE TO BE TAKEN IN CONSIDERATION:

Framework – immigration in Europe:facing illegal entry and work

Substantial increase of illegal immigration volume leads receiving countries to perform regularization procedures;

Europol estimates that each year around 500.000 illegal immigrants make their entry into European territory.

Regularization procedures have become the prime mechanism for the integration of migrants in receiving societies and countries’ economies, rescuing them from clandestinity.

Decreasing illegal work through regularizations decreases forms of exploitation and xenophobia, bringing benefits to the economy.

Structuring Migration in the EU

- From Schengen to Hague

Structuring – from Schengen to Hague

Preventing and fighting illegal immigration are the vital elements on which common European policy on asylum and migration lies in.

Primordially acknowledged in the Amsterdam Treaty it was with the Schengen Agreement that they found pragmatism, in 1985.

The challenge of the Amsterdam Treaty resides in assuring that free circulation in the EU under safety and justice circumstances.

For that purpose, a common approach on how to integrate Third Countries nationals who legally work and live in the EU (around 35 millions) is compulsory.

Structuring – evolution

EC of Seville, in June 2002, considered that fighting illegal immigration must involve an enhanced effort from the EU.

EC reminded Member-states that intensifying economic cooperation, developing trade and co-development, including conflict prevention, constitute means that will act on the reducing of the root causes of migration.

It’s also pointed out the need of assuring cooperation with origin and transit countries in what concerns joint management, border control and readmission issues.

The implementation of a space of freedom, security and justice is the main priority of the EU, following the Hague Program orientations that set up a number of priority actions to be pursued during the period between 2004/2009.

A common policy on asylum and migration was, for the first time, adopted with an international scope. It was the central Union’s goal on the Tampere’s European Council conclusions of 1999, in which the most relevant mandates were to establish partnerships with origin countries and to focus on a common and integrated management of migratory flows.

Common Policy

- Citizenship policies

- Fight against terrorism and organized crime

- Common asylum policy

- Migration management

- Integration

- Security and comprehensive management of external borders

- Cooperation with countries of origin and transit

Common policy – The Hague Program

The common strategic principles and goals for migration were laid down by the Hague Program, approved in the EC of November 4 and 5, 2004, defining priorities in the field of:

Border security; Fighting illegal immigration; Anti-terrorism measures; Cooperation with third countries; Managing migratory flows; Integration; Citizenship; Asylum.

The necessary linkage between migration and development was reinforced by the Hague Program, which shaped the Union’s action plan towards a deepened international dialogue, along with NGOs and international organizations. Good examples: the High Level Dialogue on Migration and Development of the UN; the European Neighborhood Policy; multiple partnerships with Africa (EuroMed, the Rabat and Tripoli Conferences on Migration and, extra-EU but also involving some of its’ Member-states, the Dialogue 5+5).

Common policy – citizenship policies

The individual should be the core of the European project, conferring rights and freedom extensible to everyone who inhabits the EU territory.

The conversion of the European Observatory for Racism and Xenophobia into a Human Rights European Agency;

Implementation of a human rights and citizenship programs; Fighting against all forms of discrimination; Personal data protection as an autonomous right, recognizing that in the fight

against illegal immigration and organized crime, respect for intimacy and private life remain protected by the Union;

Facilitating third countries’ students mobility; Granting temporary residence permits to the victims of trafficking in human beings; Clarifying entry requirements for third countries nationals in the EU; Consecration of fundamental rights:

- free circulation, dignity, equal opportunities, solidarity, access to justice and diplomatic protection, family reunification, education and healthcare.

Concrete Measures:

Common policy – fighting against terrorism and

organized crime

In this field, the EU determined:

September 11 and March 11 alerted consciences to the menace of terrorism in immigration management, leading to the necessity of a global approach in the field of terrorism, through prevention, preparation and intervention measures, reinforcing and complementing Member-states capacities in recruiting, funding, risk analysis and critical infrastructures’ protection.

To accentuate efforts in the fight against terrorism financing; To increase external cooperation, collaborating with third countries to fight the root causes of

terrorism; To designate national contact points in each Member-state with access to shared data; To create a pilot-project for victims of terrorism; To institutionalize legal instruments designed to preventively freeze financial assets when

there’s a suspicion of terrorism linkages; To implement an Integrated Management of Crisis in the EU - ( ARGUS ); To reinforce judicial and police cooperation by developing EUROJUST and EUROPOL.

Common policy – common asylum policy

To establish standardized criteria in what asylum concession and refugee statute are concerned;

To clarify the rules to determine the Member-state responsible for examining asylum application, assisted through EURODAC system;

The developing of a common policy on asylum, in sight of common procedures and a standardized statute to those who benefit from asylum or international protection; minimum standards and guarantees for asylum seekers;

Common European Asylum System; Temporary protection measures in case of mass influx

of displaced people; To recognize the statute of long-term resident to

refugees; To create an European service to support all forms of

cooperation related to the common asylum system; New training, exchange and cooperation programme in

the field of asylum, immigration and border crossing – ARGO.

Concrete measures:

An harmonized and effective procedure is aimed, accordingly with the Union’s values and its’ humanitarian tradition.

During the period of 1990/2004 the total number of asylum applications was almost 6 million - about 267.000 on 2004.

Common Policy – migration management

Balanced approach in the development of a common migratory policy that focus on opening legal channels for migration, reinforcing the fight against illegal immigration and smuggling and trafficking in human beings.

A comprehensive management has to comply with effective policies able to establish common criteria on admission, staying and residence of third countries nationals, bearing in mind their clear status and their rights regarding return issues – whether it’s voluntary or imposed.

It aims the standardization of procedures and admission requirements in each of the MS territory by presenting secure legal instruments and a set of rights designated to enhance integration without loosing sight of the smart employ of migrant working force and always respecting the dignity of third country nationals, including those who are in an irregular situation;

Admission requirements should be flexible and realistic about fostering capacities of the receiving countries, essentially in the labor market. They should promote legal migration by pacing visa concession procedures.

Common policy – migration management

The main operational and juridical instruments available are:

The developing of Temporary Work Agreements as a way to regulate migratory flows;

The adoption of transparent administrative procedures that aim legal migration starting from origin;

The designation of Liaison Officers to the most relevant origin countries, reducing the decision time of applications and establishing data channels;

The establishment of a Return Fund ( 2007 ); The sanctioning of transports providers; Common flights to the removal of illegal immigrants; The repression of aiding illegal entry and residence; Voluntary return support programmes; The criminalization of aiding illegal immigration and smuggling and trafficking

in human beings; The simplification of entry and residence requirements for third countries

nationals; The mutual acknowledge of removal decisions; The standardization of the residence permits model; To legislate about convenience weddings and how to detect them;

Common Policy – integration and best practices

The integration challenge: a holistic approach In its’ communications on Community policies on immigration, the European Commission points out the

need of a holistic approach which bears in mind not only the social-economic aspects of integration, but also, and most importantly, all matters related to cultural and religious diversity, citizenship and political rights and participation.

Heading to new conquests: best practices on strategic orientations and priorities The EU has intensified its efforts to develop a more coherent and integrated European framework on

migration, aiming to best managing the phenomenon without loosing sight of the demographic and economical challenges that it arises.

Following the Hague program proposed: An Integration Manual; The European Agenda for Integration; An European Found for Integration;

Admission for working purposes was legally framed; The recognizing of professional qualifications was regulated; Transposition of rules about equalitarian treatment at work was determined;

Welcoming programs to recently arrived migrants; Language teaching; Involving migrants in social, cultural and political life, integrating them in the societies through the

recognition of a certain number of basic rights, with the correspondent obligations.

Fighting against undeclared employment and reduction of informal economy; Enhanced follow-up of the labor market needs and the immigration contribution to fill in those gaps;

Common Policy – security and integrated border management

It aims the integrated management of external borders, the standardization of controls of admissions and a common visa policy, as all these constitute basic measures to fight against illegal immigration;

It also assures free circulation, suppressing the controls in all internal borders;

Inside the Schengen area there is: suppression of controls on all common borders, transferring them to external

ones; common requirements and procedures concerning cross-border controls; special corridors, in border control, to Schengen States’ proveniences; harmonized entry requirements and short-term visas; straight cooperation between states in order to better coordinate border control

(liaison officers, harmonized instructions and common training of personnel); transport providers responsibility towards irregular migration; the duty of third countries nationals to declare their inter-State circulation; common rules on States’ responsibility of examining asylum applications; the establishment of observation and cross border surveillance and hot pursuit

rights to Member-states police officers within Shengen space; judicial cooperation reinforcement through a faster extradition system and

improved transmitted execution of penal sentences.

Schengen Agreement:

Common Policy – security and integrated border management

Within Schengen, an information system was established in order to allow every border points, police authorities and consular officers of Member-states to have access on wanted persons, objects and vehicles.

Member-states supply SIS through national networks (N-SIS) connected to a central system (C-SIS). This informatics structure is complemented with a supplementary network – SIRENE – designed to provide further information to national entries;

SIS II will integrate biometric data; Portuguese proposal – SISone4all – has been approved as a linking point of SIS and SIS II and

as a comprehensive management of the enlargement process to new Member-states.

Schengen Information Systems – SIS and SIS II

Visa Information System - VIS It aims to develop an effective visa policy, reinforcing cooperation between Member-states by establishing common centers to examine visa applications – it’s the firt step towards the establishment of an European Common Consular Service.

Document security

Agreement on Visa exemption for short stays

External Borders Fund ( to be established in 2007 )

Inclusion of biometrical identifiers in travel and identity documents, as well as in visas and residence permits;

Document security policy also includes standardization of fraud detection methods, training provided by experts and the establishment of minimum criteria in security documentation;

Strengthening of synergies between SIS, VIS and EURODAC; The designing of a document fraud images database – FADO.

Common Policy – security and integrated border management

FRONTEX, in Warsaw, intends to reinforce border security, assuring the coordination of Member-states actions on applying communitarian measures of external borders management:

It coordinates operational cooperation between Member-states in the field of external borders management, supporting them in the training of national border officers;

It endeavors risk analysis; It trails the evolution of relevant investigation in the field

of surveillance and control of external borders; It follows up the development of research relevant for the

control and surveillance of external borders; Assists Members States in circumstances requiring

increased technical and operational assistance at external borders;

Provides Member States with the necessary support in in organizing joint return operations;

It also cooperates with third countries’ border security authorities, in line with general EU external policy.

External Borders Management Agency - FRONTEX

Common Policy – security and integrated border management

FRONTEX’s activity regarding joint operations is remarkable. Mainly in the Mediterranean area, where migratory pressure has been increasing over time, FRONTEX has made innumerous progress, as well in what concerns cooperation with neighbor countries.

- Areas where the highest number of deceased were registered,

in result of failed attempts of reaching Europe irregularly by sea.

In 2006 were launched by Frontex 3 important joint operations at the Mediterranean area:

CANARY ISLANDS – HERA

EASTERN MEDITERRANEAN - POSEIDON (took place in the Eastern Mediterranean Sea area and on the Greek – Turkish land border);

CENTRAL MEDITERRANEAN – NAUTILUS (Malta)

Illegal immigrants from Central Africa made their way into the Canary Islands, travelling in precarious embarkations called cayucos, risking their life at sea, in an act of desperation.

Common Policy – security and integrated border management

The intricacy that involves the surveillance of the sea coast led the Spanish government to request support from FRONTEX that, along with Member-states willing to contribute, set up a joint operation to deal with the alarming situation – operation HERA.

HERA is an example of support to a Member State in circumstances requiring increased technical and operational assistance.

From that time forward, operation HERA has known multiple stages of action, in order to assure its continuity.

HERA constitutes a strengthened cooperation in the surveillance of the European meridian coast, as it also constitutes an important action related to the fight of illegal immigration, by learning the customary immigration routes used by smuggling and trafficking in human beings networks, and also by assuring the well-being of those who subject themselves to this kind of journeys.

Common Policy – security and integrated border management

2006 - Hera I and Hera II:

Between June and October 2006 were intercepted and identified by Frontex experts and Spanish authorities 18.987 illegal immigrants, arrived to Canary Islands;

They were from Morocco, Senegal, Mali, Gambia, Guinea and other countries;

Hera II, till December 2006: a total of 14.572 arrivals at Canary Islands, on 246 cayucos or pateras, being intercepted 3.887 illegal immigrants in 57 pateras;

These illegal immigrants were stopped from setting off a dangerous journey that might have cost their lives.

Common Policy – security and integrated border management

2007 - European Patrols Network and Centralised Record of Available Technical Equipment

European Patrols Network (EPN) will start to be operational at the end of May 2007 at the Southern maritime borders.  EPN is a permanent regional border security concept, which enables the synchronisation of national measures of the Member States of the European Union and their integration into joint European activities.

“Centralised Records of Available Technical Equipment (CRATE) being created by Frontex, include equipment for control and surveillance of external border belonging to Member States of the European Union, which they on voluntary basis and upon request from another Member States are willing to put at the disposal of that Member State for a temporary period. Having been created, the technical records enhance Frontex coordinated joint operations as they reduce the necessity of ad hoc requests for technical assets.

Common Policy – cooperation with countries of origin and transit

At the economical level, both origin and destination countries can benefit from international migration. Remittances, for instance, represent a very positive contribute to many of the developing countries.

Bearing in mind the issue of illegal immigration, the European Council of Seville underlined the contribute that external European instruments and policies, especially the development policy, could offer in what regards the major push factors of migratory flows.

Migration root causes:

So that European development policy is effective in dealing with migration root causes, focus must be given to the reduction of poverty. In this context, priority actions to take place are:

•Trade and development, to fight against unemployment and absence of economical perspectives. The EU seeks the integration of developing countries products in its trade markets, as well as the integration of those countries in the world trading system; •Conflict prevention, integration and regional cooperation;•Capacity building and good governance (mainly through institutional reconstructing, supporting dialogue between States and opposing political parties and the restructuring of the electoral methods); •Food security and sustainable rural development: this will limit the survival migration.

Remittances: Diasporas play a very important role on the development of origin countries.

Remittances contribute to economical development of the origin countries, not only in terms of national income growth, but also in what concerns the creation of new job opportunities.

As an example of best practices, in Spain one of the biggest banks in the financial market set remittances fees at a zero cost level.

Similar actions could and should take place in every Member-State, as a forward in co-development techniques.  

Common Policy – cooperation with countries of origin and transit

In the Mediterranean region, the MEDA program approach issues related to fighting organized crime, especially the smuggling and trafficking in human beings networks.

In the Western Balkans, the regional program CARDS aims to encourage regional cooperation in JHA topics, among others.

In Eastern Europe and Central Asia the current TACIS program leans into three pointers: the creation of a global border, immigration and asylum management system, the fight against drug trafficking towards Afghanistan.

In ACP countries (African, Pacific and Caribbean) the Cotonou Agreement beholds specific dispositions concerning cooperation on migration issues, in particular about preventing and fighting illegal immigration.

European Cooperation and development programs:

Conclusions

On another hand, it’s not realistic to adopt solutions built on an inaccessible fortress concept towards those who legally seek to reside in another country, in search of better life conditions.

It’s not reasonable nor responsible to believe that migratory issues will solve themselves through a generalized opening of all borders, overlooking integration capacities of the receiving countries to foster migrants in their societies, labor market, providing housing, education and healthcare systems.

Measures leading to an effective management of migratory pressure:

Controlled immigration allows a triple-win scenario:

It benefits countries of origin, countries of destination and immigrants themselves.

It also enhances the respect for immigrants’ rights and origin as simultaneously reinforces the fight against illegal immigration, terrorism and trafficking in human beings, maintains internal security and properly manages social perceptions on migratory phenomenon in receiving countries.

Conclusions

The big challenge: transform migratory movements into a phenomenon that can be triply positive: for the immigrant- for the country of destination – for the country of origin.

That ambitious goal can only be achieved through an Integrated approach which has to involve both countries of origin, transit and destination;

Need to capture Migration dynamics: anticipated management of the phenomenon; flexibility; transparency of the methods of selection and recruitment of migrants; diversity of the admission criteria (not all migrants have to be aimed at permanent residence; policies of “circular immigration” may be a good option as well as “temporary admission” –either for seasonal or specific motives)

Conclusions

Destination countries have to deal with the proactive management of migratory flows implementing migration policies based on demand and retain immigrants with specific skills and qualifications (including the lower level ones).

Collective security allied to the respect for human rights: need to combine better security & control mechanisms with more transparency and simplification of legal immigration mechanisms based on the host society’s integration capacities and political concern of avoiding braindrain in countries of origin.

A realistic policy of admission: a choice to impose no limitations based on the capacity to integrate would be an irresponsible way of creating expectations in immigrants that the host society would not be able to honour.

Conclusions

The treatment of those who have entered or remain in the host country on an irregular basis is very important. The present EU legal frame is inadequate: (1) it leaves judicial matters or administrative practices to each individual member-state as it decides how to deal with illegal immigrants;(2) in many Member-States there is no creative interplay of cultures (Integration should be a two-way process, generating interculturality)

Individual protection (of migrants) should be the basis of political action. A new ambition is required: vg. Innovation in what comes to mechanisms to guarantee the transfer of remittances and the portability of social rights as instruments of incentive to circular immigration.These measures require study and practical examination (combined efforts of financial institutions and State authorities).

Conclusions

Integrated approach which involves both countries of origin and destination;

Migration dynamics: anticipated management of the phenomenon;

Regional consensus and worldwide agreement;

Collective security allied to the respect for human rights;

Interculturality and integration in the receiving community;

Individual protection (of migrants) as the basis of political action.

Portugal is a migrations country;

First of emigrants;

Then, with:

The Democratic Regime (1974);

The European Union (1986);

The economic development;

and Schengen (1995),

It became a country of immigrants, as one of the European destination countries.

The Portuguese Experience

The Portuguese Experience The migrations pressure, after 1990, increased the number of illegal

immigrants, that entered Portuguese territory with short stay tourist visas, that ended up staying in the country working illegally.

They were integrated through five regularization processes, releasing them from the parallel working market and from those aiding illegal immigration and smuggling and trafficking in human beings.

From 1992 to 2004, 320.000 illegal immigrants were legalized and integrated in the Portuguese society;

Among those, the most representative are the ones coming from:

Brazil;Ukraine:Cabo Verde;AngolaGuiné BissauS. Tomé & Principe; Moldavia;

RussiaRomaniaChinaIndiaPakistan;Bangladesh

Thank you!

Today, the legal immigrant population in Portugal is about 5% of the total population (500.000 in 10.000.000);

We are aware that the regularization processes are not the solution; We adopted transparent frameworks and procedures that aim legal migration,

that include: A responsible opening to migration through an entry regime based on the

possibilities of the working market and in the integration capacity; The creation of a legal residence status, that include the right to free circulation,

education, family reunion and health care with few restrictions; Implementation of the concept of circular migration – immigrants are given the

opportunity to return to their origin country without prejudice of their acquired right to reside abroad, as long as during that return they remain practicing a professional, entrepreneurial activity of a cultural or social nature;

Access to became a national citizen after a staying period of 6 years; A migration management structure based on a security force that keeps control

on the borders, entry, staying and repatriation, and on a public organization directed to support their integration;

Special attention to the children and youngsters integration.

www.mai.gov.pt

www.imigrante.pt