DR. ELAINE DEWHURST Dublin City University Socio-Legal Research Centre The Other Side of Undocumented Immigration: Addressing the Pull Factor
Jan 11, 2016
DR. ELAINE DEWHURSTDublin City University
Socio-Legal Research Centre
The Other Side of Undocumented Immigration: Addressing the Pull
Factor
Introduction
Who are undocumented workers?What is the “pull factor”?How are States currently addressing the
issue?Current EU approach Conclusion
Who are undocumented workers?
Definition
Undocumented immigrants: Wide category of persons Enter illegally (whether by fraud / deception or by
trafficking) Enter legally – subsequently lose permission to
remain in the State (whether through a fault of their own or otherwise)
Work Profile
3 D’s Dirty Dangerous Difficult
Numbers
Between 4.5 – 8 million illegal immigrants in the EU working in all sectors of the economy (Source: European Parliament (2009))
PROBLEM!
Current Approaches to Undocumented Migration
State Measures to Address
Undocumented Immigration
Criminal penalties e.g. Immigration Acts (Ireland) Penalise employers for hiring illegal immigrants Penalise employees for being illegal immigrants
Three D’s – Detection, Detention, Deportation Increased border controls / inspection
mechanisms Detention facilities for illegal immigrants Deportation of illegal immigrants
Regularisation programmes
TACKLING THE PULL FACTOR
A new approach
Why a New Approach? Addressing a “Pull” Factor
Pull factors are those factors that entice illegal immigrants to a State
One key pull factor: availability of employment in the State
Risk v. Profit
Decision to hire / decision to take up work illegally is based on a balance of Risk v. Profit Risk low and profit high = pull factor Risk high and profit low = no pull factor
How to make risk high? Increase current measures
How to make profit low? Enforce employment rights for undocumented migrants
EU Member States and the Pull Factor
Current Approaches
Non-Protection Approach
Current Approaches
Protection with Consequences Approach
Current Approaches
Full Protection Approach
The New EU Approach
EU Sanctions Directive (2009/52 EC)
EU Approach
Protection with Consequences Only protects remuneration rights (illegal immigrants
can claim for back pay, taxes and social security contributions and costs arising from claiming back pay). Does not protect other employment rights
Remedies – Directive states that illegal immigrants should have access to an effective remedy Directly – the worker can take a claim on their own
behalf – recognises the consequences that the worker will face as a result
EU Sanctions Directive
Appears to allow for some measure of “full protection approach”
The Directive makes provision (Article 13) for another body to act “on behalf of” or “in support of” an illegal immigrant– is this a full protection approach? – no mention of confidentiality.
Conclusion
Thank you
Elaine Dewhurst [email protected]