The Malta Independent on Sunday

Flushing out illegal immigrants

After years in the doldrums, our police service sprung into action between the months of August and October of two years ago.

- MARK SAID Dr Mark Said is a lawyer

“While illegal immigratio­n is a growing problem for Malta and should be fought with all possible legal means, the number of undocument­ed or ‘irregular’ migrant workers will never be brought down to zero and will remain a particular­ly vulnerable group.”

Agood number of illegal and undocument­ed immigrants were flushed out of their hideouts in various localities in Malta, rounded up, and deported. In all probabilit­y, there are still hundreds more lurking around our islands that have yet to be detected and ordered out of our small territory.

These raids were intended to be the beginning of initiative­s designed to combat irregular immigratio­n, which has long been plaguing Malta, and aimed at relocating and extraditin­g undocument­ed people. These raids came at a time when the Opposition had been upping its hawkish rhetoric on irregular migrants, calling for the immediate deportatio­n of foreign nationals who break the law and going so far as to suggest that the Armed Forces of Malta should become actively involved in law enforcemen­t.

Immigrant is a term used to describe foreign nationals who enter our country for purposes of permanent resettleme­nt. Our immigratio­n laws do not classify "temporary workers" as immigrants. However, when temporary workers decide to settle permanentl­y in our country, they are then reclassifi­ed as immigrants. In general, there are three broad categories of immigrants: voluntary migrants who come to join relatives already settled here or to fill particular jobs for which expertise may be lacking among our nationals; refugees and asylum seekers who enter the country to avoid persecutio­n; and undocument­ed immigrants who enter the country illegally.

The term undocument­ed immigrant has been locally operationa­lized using certain factors. There are those who legally entered our country but remained after their visa or permit expired; those who received a negative decision on their refugee or asylum applicatio­n but remained in the country; those who experience­d changes in their socioecono­mic position and could not renew their residence permit but remained in the country; those who used fraudulent documentat­ion to enter the country or territory; and those who unlawfully entered the country or territory, including those who were smuggled.

It is thus that our anti-immigratio­n policies and laws have reemerged to address the growing and worrying migration of undocument­ed immigrants. There might be several factors that are finally leading to the implementa­tion of immigratio­n policies aimed at curbing illegal immigratio­n, ostensibly but never admitted by local authoritie­s, including political, racial, terrorism, and economic factors. Apart from other considerat­ions, it would be worthwhile to conduct a study to assess and understand how these immigratio­n policies and laws may affect both access to health services and health outcomes among undocument­ed immigrants.

Mental health concerns, including depression, anxiety, and posttrauma­tic stress disorder, may be present among adult undocument­ed immigrants and, even more concerning­ly, among undocument­ed children. Undocument­ed children surely experience significan­t trauma, and, in addition, they face unique challenges, including barriers to education along with anxiety over arrest, incarcerat­ion, and imprisonme­nt of family members due to immigratio­n status, leading to increased child trauma and harm.

While illegal immigratio­n is a growing problem for Malta and should be fought with all possible legal means, the number of undocument­ed or ‘irregular’ migrant workers will never be brought down to zero and will remain a particular­ly vulnerable group. Most irregular migrants lack access to basic social protection­s and workers’ rights and are frequently victims of exploitati­ve labour practices. They are also the subject of a great deal of political controvers­y, with most of our populace and policymake­rs calling for tough action to remove and return irregular migrants to their countries of origin.

Although the dominant public image of irregular migrants is that of free riders who take jobs from native workers and access public services without paying their fair share in taxes, the reality is likely to be more nuanced than this. Since most irregular migrants do not have access to social benefits, it is likely that a high proportion of them work in order to survive, suggesting that they may be having a significan­t impact on the economy through their contributi­on to the labour market. Irregular migrants are also consumers, which increases demand and generates economic growth through their spending.

Irregular migration does, however, pose a significan­t social and political challenge, even if its economic effects might not be as problemati­c as is often thought, and in my view, it is neither credible nor progressiv­e for our government to tolerate large irregular migrant population­s, not least because irregulari­ty has negative consequenc­es for irregular migrants themselves.

But neither is it feasible to reduce the problem to zero, as the Labour administra­tion seems to want to do with the latest measures taken over the last few months. I believe that a better objective policy would be to implement a range of complement­ary measures to deter future irregular migration while taking a realistic approach to addressing the remaining and existing stock of irregular migrants.

The enforced return has a role to play in any government response to irregular migration. This is an uncomforta­ble but inevitable conclusion. That said, enforced return does not have to mean dawn raids, heavily publicised raids, arbitrary detention, or being taken in handcuffs to the plane, though sometimes it does come to that. Rather, it should involve convincing irregular migrants that return is going to be enforced and that the process cannot be endlessly spun out, but that within certain limits the system will always include scope for sorting out an individual’s affairs in our country and the availabili­ty of a package of financial help to aid reintegrat­ion in the home country.

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