Welcome to the new PICUM newsletter, where we will update you about issues concerning undocumented people once a month. The updates will focus on systemic issues including regularisations, criminalisation of solidarity, detention and returns, labour rights and channels, access to health-care, access to justice, undocumented children and families.

Let us know what you think of our newsletter on communications@picum.org.

Advocates call for more humane, transparent and effective resources for asylum and migration in the EU

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In October 2019, the EU institutions resumed discussions on the new Asylum and Migration Fund proposal. Together with a number of other NGOs and international organisations, PICUM has issued a statement calling for a better use of EU resources in asylum and migration policies. In particular, we’re asking EU leaders to use the funds to address groups which are most vulnerable to violence, exploitation and support the establishment of case-management based alternatives to detention.

EU Council adopts new Frontex regulation

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The Council of the EU has adopted a new regulation which strengthens the capacity of EU border management agency Frontex. The agency will be provided with a standing corps which will consist of up to 10,000 staff by 2027. Frontex will also be able to assist Member States in return operations, including in preparatory, post-return and post-arrival activities. More on the EU Council press release.

Transparency campaigners lose Frontex case

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The European Court of Justice ruled that Frontex is not obliged to disclose information on their border operations. The case was brought by freedom of information activists, who had sought access to the name, flag and type of each vessel deployed by Frontex in the central Mediterranean under its Joint Operation Triton in 2017. More on EU Observer.

Council presidency pushes for sanctions against readmission non-compliance

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The Finnish Council Presidency has proposed to use sanctions against third countries that do not  comply with readmission cooperation in an effort to step up returns. The Finnish Presidency is further considering using EU visa policy as a leverage to improve cooperation on readmission.

Italy, Malta sign cooperation deals with Libya

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The Italian government has renewed its 2017 agreement with Libya, under which Italy provides funding to the Libyan detention centres, as well as healthcare assistance, medicine, and training for Libyan staff working in the facilities. More on InfoMigrants.

According to media reports, Malta had also negotiated a secret deal with Libya to allow the Armed Forces of Malta to intercept migrants heading towards the island and return them to the Libyan coastguard. More on Times of Malta.

In the meantime, a leaked report from the EU Council shows that the EU is unable to monitor the Libyan coastguard and recognises that the detention of migrants is a “profitable business model” for Libya’s government. More on the Guardian.

UK Home Office pays community groups to step up returns of irregular migrants

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Several religious and community groups have been paid thousands of pounds by the Home Office to help step up removals of irregular migrants, mostly rough sleepers. Civil society denounces a racial profiling practice, as reports obtained by the Guardian show that removals are targeting Hindus, Muslims and Sikhs, along with Brazilians, Albanians and Chinese people. More on the Guardian.

New report on the business of building walls

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International research and advocacy institute Transnational Institute has published a new report on "The Wall Building Business". The report analyses policies aimed at closing borders through the lens of the business they create for multinationals such as the French arms and security company Thales or Airbus among others.

Italian High Court rules integration not enough for stay permit

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The Italian Court of Cassation ruled that stay permits based on humanitarian reasons cannot be granted solely based on the migrant’s social integration in Italy, and that evidence of human rights violations in the country of origin is also required. The decision further limits the application of humanitarian protection, which had been severely constrained by measures adopted under Salvini’s administration. More on ANSA.

Croatian police shoot migrants near Slovenian border

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Croatian police fired on a group of irregular migrants trying to reach Slovenia, near port city Rijeka. The shooting left one man in life-threatening conditions. More on InfoMigrants.

New report on violence in immigration detention

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Global criminal justice watchdog Fair Trials has published a new report on violence against detainees in both pre-trial and immigration detention. The report highlights how detention puts people in a condition of high vulnerability, with poor access to information, justice and compensation, and barriers to reporting the violence itself. Read more about the findings on Fair Trials’ website.

New report on the implementation of the global compact for migration

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Global research centre Mixed Migration Centre has published a new report on the implementation and follow-up on specific commitments and objectives of the GCM since its adoption. A number of countries have started mapping their existing policies vis-à-vis the 23 GCM objectives and identifying gaps, and some have begun consultations with civil society to develop their national implementation plans.

European Court of Human Rights halts “protective custody” of unaccompanied children in Greece

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The European Court of Human Rights ordered Greece to release two unaccompanied children from detention in a police station (“protective custody”) and to transfer them to suitable accommodation. The measure was ordered pending the final decision on the compatibility of this practice with the European Convention on Human Rights. More on ECRE’s Asylum Information Database.

European Court of Human Rights publishes new case-law guide on migration

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The European Court of Human Rights has published a new guide on its case law about migration matters, including access to the territory, immigration detention and returns.

European Parliament adopts resolution in support of undocumented children

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To mark the 30th anniversary of the Convention on the Rights of the Child, the European Parliament has adopted a resolution recalling “that the best interests of the child should be a primary consideration in all decisions concerning children and migration” and calling “to work out community-based alternatives to detention. The Parliament further called Member States to take into consideration the vulnerabilities of undocumented children.

Irish advocates call for pathways to regularise undocumented youth

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Irish campaigners, including from Migrant Rights Centre Ireland, have sent a letter signed by more than 4,000 people to the Minister for Justice, calling for a pathway to residency for undocumented children and young people in Ireland. More on The Irish Times.

New Libyan decree targets search and rescue operations at sea

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The Libyan authorities issued a decree in September 2019 which restricts search and rescue operations from NGOs in Libyan waters and Libyan search and rescue area. The decree includes an obligation for the NGOs to ask for an official authorisation before carrying out any search and rescue operations, regardless of its urgency. More on La Repubblica (Italian).

New study shows search and rescue NGOs are not a pull factor

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The European University Institute has published a new study which finds no correlation between the presence of NGOs at sea and the number of migrants leaving Libyan shores. The study reviewed monthly migratory flows from Libya to Italy between 2014 and October 2019.

European doctors come out in support of health care for all migrants

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The Standing Committee of European Doctors has adopted a new statement on the medical treatment of refugees which defends the right to access health care for all migrants regardless of their status.

New research on reporting of crime by irregular migrants in the USA and Europe

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Oxford’s Centre on Migration, Policy, and Society has published five country reports (Belgium, Italy, Spain, the Netherlands and USA) which investigate law, policy and practices surrounding the reporting of crime by irregular migrants, with a focus on measures enabling them to report crime without the involvement of immigration enforcement.

France to introduce quotas for labour immigration

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French Minister for Labour has announced that the government will introduce quotas for labour immigration from 2020 for sectors which lack workforce. The quotas would be reviewed every year by the Parliament. More on Le Monde (in French).

EU Court rules child self-sufficient if supported by undocumented parent working without a permit

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In a case concerning an Albanian national’s request for a residence permit based on her rights as the mother of EU citizens, the EU Court of Justice held that her children were self-sufficient as required under the EU Citizen’s Rights Directive. In particular, the court found that even if their only financial support came from the earnings of their father who was undocumented, the income was still “lawful” and could therefore be considered for the children’s financial support. Read the full judgment here and a summary of the case on the AIRE Centre’s website.

FRA publishes eight EU country studies on exploitation of migrant workers

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The EU Fundamental Rights Agency’s research network (FRANET) has gathered the first eight country studies on protecting migrant workers from exploitation: workers’ perspectives. The countries are: Belgium, France, Germany, Italy, the Netherlands, Poland, Portugal, and the UK. Read them on the Agency’s website.