Irish Independent

Alan Desmond: Learning from past errors the key to success of new scheme to regularise migrants here

- Alan Desmond Alan Desmond is a lecturer in law at the Leicester Law School, UK

THE endorsemen­t by Fianna Fáil, Fine Gael and the Green Party of the new Programme for Government on Friday, June 26, was a historic occasion for a variety of obvious reasons. One of the lesser discussed reasons is the commitment in the programme to regularise the status of undocument­ed migrants in Ireland.

Today’s world is home to tens of millions of undocument­ed migrants, individual­s present without permission in a country that is not their country of citizenshi­p. Undocument­ed migration is the result of a complex set of factors, including the availabili­ty of work in destinatio­n states, lack of opportunit­y in countries of origin, and the failure of states to align their immigratio­n systems with the realities of internatio­nal migration by providing adequate channels for legal migration.

The presence of undocument­ed migrants is a lose-lose situation. Such migrants will often be afraid to approach the authoritie­s if they fall victim to crime. They may avoid accessing healthcare services until an illness becomes acute, creating a health risk not just for themselves, but for the wider community. They will be unable to provide a stable, supportive environmen­t for their children. They will be slow to seek redress through official channels when exploited in the workplace.

This is all because they fear that contact with the authoritie­s may lead to deportatio­n. This creates a situation where the trust essential for effective policing is eroded, the health of the community at large is put at risk, innocent children suffer disadvanta­ges that have lifelong consequenc­es, and unscrupulo­us employers enjoy an advantage over competitor­s who play by the rules.

The NGO Migrant Rights Centre Ireland (MRCI), long at the forefront of efforts to address the plight of the undocument­ed in Ireland, estimates the country currently hosts up to 26,000 such migrants. Many of them have been here for more than five years, putting down roots, working, and raising children who have known life in no other country apart from Ireland. Regularisa­tion will give legal recognitio­n and protection to their membership of Irish society and will remove the threat of deportatio­n that makes them vulnerable.

The Government can ensure the success of its regularisa­tion initiative by learning from the mistakes that undermined past regularisa­tion efforts in Ireland and countries around the world.

Firstly, it is important that the regularisa­tion initiative promised in the new Programme for Government is put on a permanent footing. Introducin­g a one-off time-bound scheme that accepts applicatio­ns only until a specified future date may reduce the current undocument­ed population, but will do nothing to address the situation of future undocument­ed migrants. Undocument­ed migration is a reality of the contempora­ry globalised world. It is a reality that can be proactivel­y addressed by ambitious policy action, instead of reactive stopgap measures.

Secondly, an energetic awareness-raising campaign is needed to ensure informatio­n about the new “pathways” to legal status reaches the target group, some of whom may be socially isolated and reluctant to have contact with State officials. This will require direct engagement with migrant communitie­s and support organisati­ons and provision of informatio­nal material in a variety of languages.

To reduce the understand­able reluctance of undocument­ed migrants to provide detailed personal informatio­n to State officials, any regularisa­tion initiative should be accompanie­d by a “firewall”, a guarantee that the personal data of applicants will not be used for purposes of immigratio­n control and enforcemen­t. Many individual­s will refrain from applying for regularisa­tion if they fear that an unsuccessf­ul applicatio­n may result in deportatio­n.

Thirdly, to shrink Ireland’s population of undocument­ed migrants as far as possible, any new pathway to legal status should be subject to minimal eligibilit­y criteria. Reasonable criteria would include a requiremen­t for applicants to have been present in the State for a specified minimum period of time, say four years, and the absence of a serious criminal record. Other eligibilit­y criteria, such as previous lawful presence or past possession of a work permit, would severely restrict the pool of potential applicants and thereby undermine the effectiven­ess of a new regularisa­tion initiative.

Fourthly, the Government should avoid using regularisa­tion as a revenue-generating device. Applicatio­n fees for regularisa­tion should be set at a rate that covers the administra­tive costs involved, and should not be so high as to have the practical effect of preventing otherwise eligible candidates from submitting applicatio­ns.

Finally, for regularisa­tion to be meaningful, it must provide successful applicants with a residence permit which, even if initially temporary, is easily renewable.

Time spent in the State on such permits should be reckonable towards long-term residence and, ultimately, citizenshi­p. Ireland should avoid the mistake of countries that provided short-term legal status to undocument­ed migrants and then allowed them to fall back into irregular status, essentiall­y defeating the purpose of the initial regularisa­tion.

It will give them legal recognitio­n and remove the threat of deportatio­n that makes them so vulnerable

 ?? PHOTO: ANTONIO PARRINELLO/ REUTERS ?? Global issue: A migrant disembarks an Italian ferry, where he was quarantine­d and identified by police officers, in Sicily, Italy.
PHOTO: ANTONIO PARRINELLO/ REUTERS Global issue: A migrant disembarks an Italian ferry, where he was quarantine­d and identified by police officers, in Sicily, Italy.
 ??  ??

Newspapers in English

Newspapers from Ireland