Criminalisation of migration and solidarity in the EU 2024 report

By Silvia Carta

In 2024, PICUM’s media monitoring confirmed a growing trend: at least 142 individuals faced criminal or administrative proceedings for acting in solidarity with migrants in the EU. Additionally, our media monitoring found that at least 91 migrants were subjected to criminalisation, mostly under counter-smuggling legislation. But we know that this number is an undercount, as other organisations recorded many more cases1 in their own work. Furthermore, news articles highlighted several forms of non-judicial harassment directed at human rights defenders and civil society organisations within the EU. Due to the significant gap in statistical and official public data2 regarding individuals accused, charged, or convicted for smuggling and related offenses, this briefing relies on a media alert system and desk research, which may not comprehensively capture all relevant incidents reported across EU countries. Consequently, the figures presented likely underestimate the true extent of such occurrences. In addition, it is likely that many cases, particularly regarding people who are migrants, go unreported by the media.3 Beyond the continuously high number of people who have been criminalised in 2024, this report highlights different trends. Under the current legal system, charges of facilitation and smuggling can be used to criminalise migrants or people without regular residence and those acting in solidarity with them. Despite numerous and protracted judicial proceedings, actual convictions remain low. This report also looks at the several cases of people and organisations across Europe that have experienced non-judicial harassment. Moreover, the findings of our media monitoring in 2024 seek to shed light on the criminalisation of people crossing borders irregularly, which has grown of at least 20% in comparison to monitoring in 2023,4 but remains a relatively hidden phenomenon. A comparison between PICUM’s findings and existing research reveals a tendency for the media to underreport the criminalisation of migrants.5 Yet, the majority of cases analysed by PICUM align with research indicating that migrants, including children, often face unfounded accusations, endure harsh legal processes and face years of pre-trial detention for the sole fact of migrating   

Brussels: PICUM, 2025. 29p.