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.

UN agencies and advocates publish new guidance on durable solution for migrant children

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Across Europe, children are being uprooted from their homes and sent abroad without considering the impact on their long-term well-being and development. This is why several UN agencies and NGOs (PICUM, the International Organisation for Migration, Unicef, the UN Human Rights Office, Child Circle, the European Council on Refugees and Exiles and Save the Children) have produced guidance for authorities on how to put children first in migration decisions. Check it out here!

New UN report finds tough border management is no deterrent to migration

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The UN Development Agency (UNDP) has published a new report on the migration realities from Africa to Europe and found that tough border management policies do not reduce migration movements. The report shows that 98% of the surveyed irregular migrants would move in spite of dangerous border crossings and calls EU states to rethink their deterrence policies.

European Parliament rejects resolution to step up search and rescue operations in the Mediterranean

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The European Parliament has rejected a progressive-led resolution calling the EU to step up its efforts regarding search and rescue operations in the Mediterranean. The vote was lost by only 2 votes, with some socialists blaming the failure on the abstention of the Italian 5-Star Movement MEPs. More on Euractiv.

Croatia's Schengen approval neglects violence at its borders

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As the European Commission has recently found that Croatia meets the Schengen rules in the field of external border management, the country comes a step closer to accessing the Schengen area. But human rights advocates argue the approval ignores police violence against migrants at the country’s borders, as confirmed by an anonymous border guard in a letter published on Croatian press.

Read more in this blog from Tea Vidović, Programme Officer at the Croatian Centre for Peace Studies.

Greece announces new measures to deal with irregular immigration

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The Greek government announced new measures to tackle irregular immigration, including increased sea patrols, new pre-departure centres for people who have entered Greece irregularly and have no right to asylum (or whose asylum claim has been rejected), and transfers of people from the Aegean islands to the mainland. More on Ekathimerini.

Germany tightens rules to tackle irregular migration

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Germany has adopted a set of new laws aimed at tightening conditions for legal stay in the country. Amongst other dispositions, the laws expand immigration detention up to 18 months, allow for migrants to be detained in prisons, and require migrants to stay in the same Land (state) for 3 years. More from the EU Fundamental Rights Agency.

EU signs agreement with Montenegro on border management cooperation

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The EU has signed an agreement with Montenegro on border management cooperation. The agreement allows Frontex to assist Montenegro in border management, carry out joint operations and deploy teams in the region that border the EU. The agreement follows the one with Albania in October 2018.

Council of Europe reports violence in return coordinated by Frontex

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The Committee on the Prevention of Torture recently denounced the violent return of an Afghan national from Germany in an operation coordinated by Frontex. The observers reported that severe violations were inflicted by German escort officers but only informed the national authorities and not Frontex. More on EU Observer.

Hungary at risk of ingringement procedure for denying food to migrants

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As a last step before the start of infringement procedures, the European Commission has addressed a reasoned opinion to Hungary concerning the denial of food to persons held in the Hungarian transit zones at the border with Serbia, who are waiting to be returned to a third country. More on EU Observer.

New report shows violence at western Balkans' borders

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The Border Violence Monitoring Network has published a new report on illegal pushbacks and police violence in the Western Balkans. The testimonies document serious abuses, including dog attacks, immersing individuals in cold water, stripping clothes and other torture-like practices.

UNHCR calls states to better protect migrant children

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The UN Refugee Agency (UNHCR) has published a new report on refugee and migrant children arriving in Europe between January and September 2019. The report finds some 80,800 people reached Europe in this period and includes recommendations to States as to how to strengthen the protection of migrant children, including by ending child detention and by establishing holistic age assessment tests.

Carola Rackete joined Brussels protest to call the EU to protect our right to help

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On October 3, PICUM and partner organisations brought together at the European Parliament some of the people who have been criminalised for their humanitarian acts, including Sea Watch 3 Captain Carola Rackete, Salam Aldeen and Anouk Van Gestel to call the EU to uphold our right to help. More on La Libre (in French).

French shepherd sentenced to 2 months in prison for helping migrants in need

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Kevin Lucas, a shepherd from the Hautes-Alpes who transported five migrants during the winter of 2018, was again found guilty of assisting the irregular entry of foreigners by the Grenoble Court of Appeal on October 23. His sentence was reduced by 4 to 2 months of suspended sentence. More on France Info (in French).

US to collect DNA of thousands irregular migrants

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The US Department of Justice has proposed to collect DNA samples of anyone who is entering the country irregularly and anyone who is seeking asylum. While the administration believes this will help solve crimes, human rights advocates denounce that the action will only further stigmatise migrants. More on NPR.

UK High Court upholds immigration control exemption to personal data rights

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A UK High Court has rejected a challenge brought by the Open Rights Group and the3million against the 2018 Data Protection Act, which allows the Home Office to access foreigners’ personal data for vague immigration purposes. The claimants have announced they will appeal the decision. Read more about the challenge here.

UK police to share victim's data with Home Office

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Scotland Yard has announced a new policy to authorise police to share victims’ data with immigration enforcement authorities when they learn or suspect that a victim or witness is undocumented. Domestic abuse survivor and civil society organisations are challenging the policy. More on The Guardian.

UN states committ to universal health care by 2030

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The UN General Assembly has adopted a non-binding political declaration which commits to achieving universal health coverage by 2030, including by addressing the needs of specific groups, including migrants (point 71).  

Over 150 Spanish Organisations denounce plan to report undocumented patients to immigration enforcement

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Over 150 Spanish civil society organisations led by the Association for the Defence of Human Rights have denounced in an open letter the Andalusian government plan to report undocumented patients to immigration enforcement. The plan foresees an agreement with the Home Office to make data about undocumented patients easily accessible by the immigration authorities. Read the letter here (in French).

UK health service shared patients' data with financial firm to determine charges

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A new report revealed that a National Health Service (NHS) trust has shared patients’ data with financial firm Experian so it could check its economic activities and determine which overseas visitors can be charged for health services. The NHS further contacted 51 trusts to carry out similar checks. More on HSJ.

European Parliament calls for greater labour integration of migrants

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In a recent resolution, the European Parliament has called the European Commission and Member States to step up efforts to integrate migrants and other groups in the labour market. The Parliament has also called the Commission to analyse the impact of social policies on several demographics, including migrants.

Paris: undocumented workers on strike win first battle for their regularisation

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Undocumented workers in Paris working in different sectors won the first battle for their regularisation after days of strikes, as 11 out of 12 employers have certified their employment situation. The strikes were supported by the French trade union CGT. More on NPA (in French).

Norwegian entrepreneur faces trial in hope to challenge employment laws for undocumented people

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In Norway an entrepreneur reported himself to the police for hiring 70 undocumented migrants in restaurants, a car dealer and a church mission. He hopes his trial will force Norway to reconsider its policy denying legal employment to undocumented migrants. The entrepreneur was condemned in first instance to a one year suspended prison sentence and is reportedly considering appeal. More on The Washington Post.

Over 120 construction workers required to leave Germany with no access to justice for labour abuse

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In August 2019, the German Customs Authority’s Financial Control of Undeclared Work Unit (FKS) carried out checks in a Berlin-based company which was allegedly employing over 120 people from Albania, Kosovo and Serbia irregularly. The employer was suspected of human trafficking for labour exploitation, of having forged student enrolment documents to obtain for the workers short-term working visas for students, and of paying less than one third of the minimum wage in the construction sector and requiring the workers to work extreme over-time. Despite the investigation into trafficking in human beings, the people identified during the workplace inspection were not provided any of their rights as potential or presumed victims. They were made homeless by the control, and only provided accommodation for a few days. Their passports were confiscated and they were prevented from leaving the country for weeks, forcing them to miss doctor appointments and university exams in their country of origin. They were issued 2-year entry bans, and no action has been taken to remedy the labour abuses they experienced. More on Berliner Morgenpost (in German).