The Politics and Ethics of Irregular Migration In Europe Academy of European Law Migration and EU Law and Policy The Politics and Ethics of Irregular Migration In Europe Dr. Christina Boswell School of Social and Political Science University of Edinburgh

Structure of Lectures: The Politics of Irregular Migration Lecture 2: Policies on Irregular Migration in Europe Lecture 3: The Ethics of Irregular Migration

Lecture 1: The Politics of Irregular Migration

What is an irregular migrant? Legal migration: work permit, points system, family (re)union, asylum Illegal entry, residence and employment: Undocumented or clandestine entry Residence without authorisation (illegal entry or overstay) Renumerated employment without authorisation Terminology: Illegal, undocumented, clandestine, irregular Legal Residence Illegal residence Legal entry Regular migrant Overstayer Illegal entry Legalisation of status Illegal migrant

Irregular migration in Europe Causes: Income disparities and globalization Restriction of legal routes, 1972/3 Porous external borders Demand for cheap and flexible labour Estimated flows: ½ million enter EU illegally every year (EU, 2003) Estimated stocks: - Italy: 500 – 800,000 Germany: 500,000 France: 300,000 UK: 200,000 (HO figures higher)

Detections of illegal entry, 2007 Total Land Air Sea Cyprus 5883 5743 140 France 5748 690 4199 909 Greece 73194 62475 1377 9342 Italy 21650 1195 20455 Malta 1702 Spain 27910 4080 12709 11751 Total EU 163903 82371 20748 48696

Challenge to the nation-state Modern state: fixed territory and population Obligations and benefits of citizenship Challenge of migration threatens privileged access to goods Challenge of irregular migration threatens contractual system per se State under pressure to restrict immigration, and eliminate irregular migration

1. Restriction and the liberal constraint International normative constraints UN, EU Domestic judicial constraints Constitutions, courts Social cohesion/inter-ethnic relations Leads to “gap hypothesis”

2. Economic interests State as broker between organised interests Strong business lobby for irregular migration Leads to ambivalent migration control: Tough rhetoric, lenient practice “Decoupling” talk and action

3. Securitization States maximizing control/surveillance Securitize migration in order to: Create sense of urgency Mobilise support for restriction Legitimize extension of state power Risks of securitizing migration?

4. Social systems Inclusionary logic of welfare states State incapacity to steer systems Non-compliance Distortions Counter-productive outcomes Prefers to maintain “fog”

Exercise Is your country’s policy on irregular migration best characterised by: Liberal constraint Economic interests Securitization

Lecture 2: Policies on Irregular Migration in Europe

Domestic European policies Challenges for different countries Land or sea borders Demand for labour Lax internal control Migrant networks Responses Toleration Legalisation (regularisations) Crack-down Border control Illegal employment Cooperation with 3rd countries

Emergent EU Cooperation Single European Act (1986) and Schengen (1985) Removal of restrictions to free movement Strengthen external borders, avoid “country shopping” 1990 Dublin Convention Maastricht Treaty (1992) Illegal migration as area of “common interest” 1996 Joint position on pre-frontier assistance 1997 Resolution on combating marriages of convenience Amsterdam Treaty (1997) Article 63 – measures on “illegal immigration and illegal residence”

Main areas of cooperation Return 2001 Directive on mutual recognition of expulsion orders 2004 Decision on organisation of joint return flights 2008 Directive on Return Readmission agreements 2000 onwards (Morocco, Sri Lanka, Russia, Pakistan, Hong Kong, Macao, Albanisa, Algeria, China, Turkey) Border control Capacity-building Pre-frontier control FRONTEX (2005) 2007 Regulation on RABITS Databases Eurodac, SIS, VIS Cooperation with 3rd countries…

External Dimension 1990s: 1998: High Level Working Group Readmission agreements Accession and pre-accession process Euromed and Common Strategies 1998: High Level Working Group Action Plans for Afghanistan, Albania, Iraq, Morocco, Sri Lank, Somalia 1999: Tampere Special Council Integrate immigration and asylum into external relations Endorsed by 2004 Hague Programme 2005: Global Approach Migration Profiles West Africa focus

Domestic politics of EU cooperation Motivations to cooperate Neo-functionalism - spillover Inter-governmentalism - shared problems Venue- shopping - shifting up and out? External dimension

Lecture 3: The Ethics of Irregular Migration

Rights of Migrants Whom should we admit? Liberal universalism Equal claim to certain rights Problem of feasibility  Basic rights Accept migrants until conditions for realising rights are undermined Refugee law

Rights to restrict Communitarian argument: Contractarian argument: Protect shared values, way of life Charity begins at home Contractarian argument: Sign up to set of rights and responsibilities Whom should we admit / allow to settle? Those who will conform to cultural/normative requirements Those who contribute to society/economy

Application to irregular migrants? Already on territory Diverse causes of migration Diverse settlement intentions Differing skills and capacities Moral basis for treatment Liberal democracies and humane treatment International human rights considerations Contradictions State can only grant HR retrospectively (or regularise) Consequences of toleration? “Pull factor”

Synthesis: possible approaches Regularisation Programme Individual case basis Toleration Enforcement of controls Border controls Carrier sanctions Internal checks Employer sanctions Prevention Cooperation with 3rd countries