Open Access Publisher and Free Library
11-human rights.jpg

HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Restoring Trust in Polarised Times: Immigration in The New Parliament,  Findings From The Ipsos/British Future Immigration Attitudes Tracker

By Sunder Katwala, Steve Ballinger, Heather Rolfe and Jake Puddle

Conducted straight after the general election, this report examines shifting public attitudes to immigration and asylum, including the differences in attitudes between Labour, Conservative, Lib Dem and Reform voters and what that means for the politics of immigration in the new parliament.

The research also examines public attitudes on a series of key issues:

  • The role of immigration in the 2024 general election.

  • Public priorities for the new government.

  • Public trust in the main political parties on immigration, and trust in leading politicians on the issue.

  • Public perceptions of immigration: do people think net migration will fall or increase? Which flows do people think make up most immigration to the UK?

  • Public satisfaction with the government’s handling of immigration.

  • Do people want immigration numbers to reduce, increase or stay the same?

  • Attitudes to migration to fill different roles: would people cut the numbers of doctors, care workers, lorry drivers or hospitality staff coming to the UK?

  • Asylum, Channel crossings and legal routes

London: British Future, 2024. 74p.

Mixed Returns: Return Migration and Reintegration Dynamics.  Insights and Key Messages from MMC’s Research and 4Mi Data Collection

By: Jennifer Vallentine, Roberto Forin, and Bram Frouws  

Migrant-receiving countries are increasingly focusing on return and reintegration as central elements of migration management. This briefing paper outlines key messages from research MMC has carried out on the experience of returning migrants in Asia, Africa, Latin America, the Middle East, and Europe, since 2017

Geneva: Mixed Migration Centre, 2024. 8p.

Be Our Guests: Addressing Urgent Modern Slavery Risks For Temporary Migrant Workers in Rural and Regional New South Wales

By James Cockayne, Sophia Kagan, Fiona Ng

This report highlights significant modern slavery risks faced by temporary migrant workers in agriculture, horticulture and meat processing in rural and regional NSW. The modern slavery risks identified include debt bondage, deceptive recruiting, forced labour and, in extreme cases, servitude, sexual servitude and even human trafficking. The report examines significant vulnerabilities faced by both Pacific workers and backpackers concerning working conditions, wages and entitlements; accommodation, transport and living conditions; gendered violence and healthcare access and isolation and social marginalisation. It also highlights growing indicators that the burden of supporting these exploited migrant workers is falling on local communities and community service providers that are not adequately resourced for this task.

Recommendations 

  1. Urgently initiate a trauma-informed and worker-centred investigation of modern slavery risks faced by Pacific Australia Labour Mobility workers and other temporary migrant workers working in agriculture, horticulture and meat processing in rural and regional NSW.

  2. Ensure relevant NSW Government frontline agencies undertake suitable training in modern slavery, as envisaged by section 19(3)(a) of the Modern Slavery Act 2018.

  3. Advocate for the Federal Government to review the visa settings and protection requirements for temporary migrant workers in the PALM and Working Holiday Makers programs.

  4. Complement the work of the new Migrant Workers Centre to be established in NSW, with regional migrant centre hubs.

  5. Ensure funding and support to local actors, including to create a more active role in the monitoring of conditions and support to temporary migrant workers.

Office of the NSW Anti-slavery Commissioner, 2024. 33p.

Mass Deportation: Devastating Costs to America, Its Budget and Economy

By The American Immigration Council

In recent months, leading politicians and policymakers have renewed calls for mass deportations of immigrants from the United States. While similar promises have been made in the past without coming to fruition—during the 2016 presidential campaign, for example, Donald Trump pledged to create a “deportation force” to round up undocumented immigrants —mass deportation now occupies a standing role in the rhetoric of leading immigration hawks. To cite just one example, former U.S. Immigration and Customs Enforcement (ICE) director Tom Homan has promised “a historic deportation operation” should a hawkish administration return to power. While some plans have envisioned a one-time, massive operation designed to round up, detain, and deport the undocumented population en masse, others have envisioned starting from a baseline of one million deportations per year. Given that in the modern immigration enforcement era the United States has never deported more than half a million immigrants per year—and many of those have been migrants apprehended trying to enter the U.S., not just those already living here—any mass deportation proposal raises obvious questions: how, exactly, would the United States possibly carry out the largest law enforcement operation in world history? And at what cost? Using data from the American Community Survey (ACS) along with publicly available data about the current costs of immigration enforcement, this report aims to provide an estimation of what the fiscal and economic cost to the United States would be should the government deport a population of roughly 11 million people who as of 2022 lacked permanent legal status and faced the possibility of removal. We consider this both in terms of the direct budgetary costs—the expenses associated with arrest, detention, legal processing, and removal—that the federal government would have to pay, and in terms of the impact on the United States economy and tax base should these people be removed from the labor force and consumer market. In terms of fiscal costs, we also include an estimate of the impact of deporting an additional 2.3 million people who have crossed the U.S. southern border without legal immigration status and were released by the Department of Homeland Security (DHS) from January 2023 through April 2024. We consider these fiscal costs separately because we don’t have more recent ACS data necessary to estimate the total net changes in the undocumented population past 2022, or the larger impact on the economy and tax base of removing those people, an impact that is therefore not reflected in this report. In total, we find that the cost of a one-time mass deportation operation aimed at both those populations—an estimated total of at least $315 billion. We wish to emphasize that this figure is a highly conservative estimate. It does not take into account the long-term costs of a sustained mass deportation operation or the incalculable additional costs necessary to acquire the institutional capacity to remove over 13 million people in a short period—incalculable because there is simply no reality in which such a singular operation is possible. For one thing, there would be no way to accomplish this mission without mass detention as an interim step. To put the scale of detaining over 13 million undocumented immigrants into context, the entire U.S. prison and jail population in 2022, comprising every person held in local, county, state, and federal prisons and jails, was 1.9 million people. To estimate the costs of a longer-term mass deportation operation, we calculated the cost of a program aiming to arrest, detain, process, and deport one million people per year—paralleling the more conservative proposals made by mass deportation proponents. Even assuming that 20 percent of the undocumented population would “self-deport” under a yearslong mass-deportation regime, we estimate the ultimate cost of such a longer operation would average out to $88 billion annually, for a total cost of $967.9 billion over more than a decade. This is a much higher sum than the one-time estimate, given the long-term costs of establishing and maintaining detention facilities and temporary camps to eventually be able to detain one million people at a time—costs that could not be modeled in a short-term analysis. This would require the United States to build and maintain 24 times more ICE detention capacity than currently exists. The government would also be required to establish and maintain over 1,000 new immigration courtrooms to process people at such a rate. Even this estimate is likely quite conservative, as we were unable to estimate the additional hiring costs for the tens of thousands of agents needed to carry out one million arrests per year, the additional capital investments necessary to increase the ICE Air Operations fleet of charter aircraft to carry out one million annual deportations, and a myriad of other ancillary costs necessary to ramp up federal immigration enforcement operations to the scale necessary.

 American Immigration Council, 2024. 52p.

NWDC Conditions Research Update: Three Years of Cleanliness Concerns, No Consequences

By The University of Washington, Center for Human Rights 

Documents provided to UWCHR under FOIA reveal that despite voicing concerns about cleanliness at the NWDC multiple times over three years, ICE chose never to sanction GEO for failing to comply with its contract to operate the Northwest Detention Center. This, cross-referenced with other ICE and GEO documents UWCHR has reviewed, reveals that despite receiving credible information about conditions at the facility that threatened the health and well-being of those detained, and despite the complaints of its own employees, ICE repeatedly failed to invoke its contract enforcement mechanisms to force GEO to comply with basic cleanliness standards. Records show the situation persisted for three years and resulted in what ICE employees deemed an unsafe working environment. If ICE’s employees felt unsafe, it is unsurprising that the people forced to live in that environment have repeatedly expressed grave concern  

Seattle: The University of Washington Center for Human Rights , 2023. 9p.  

Election Worker Safety and Privacy

By: Sarah J. Eckman and Karen L. Shanton

Federal law prohibits certain types of intimidation of or interference with election workers, including intimidation to discourage serving as a poll watcher or election official or in response to such service; interference by members of the Armed Forces with election officials' exercise of their duties; and intimidation for helping voters register or cast a vote. Many states have laws that address other threats to election workers, such as through privacy protections for election commissioners. More general laws, such as prohibitions against voter intimidation or harassing or threatening interstate communications, might also apply to some conduct. Some state and local officials have responded to recent reports of threats to election workers with administrative action or legislative proposals. Election officials have included local law enforcement in poll worker trainings, for example, and implemented new security measures in their offices. State legislators have established new prohibitions or protections, such as a New Hampshire law that prohibits intimidating election officials to interfere with their work and an Oregon law that extends existing privacy protections to election workers.

Library of Congress, Sep 9, 2024

Moving Images : Mediating Migration as Crisis

Edited by Krista Lynes, Tyler Morgenstern, and Ian Alan Paul

In recent years, spectacular images of ruined boats, makeshift border camps, and beaches littered with life vests have done much to consolidate the politics of movement in Europe. Indeed, the mediation of migration as a crisis has worked to shore up various forms of militarized surveillance, humanitarian response, legislative action, and affective investment. Bridging academic inquiry and artistic and activist practice, the essays, documents, and artworks gathered in Moving Images interrogate the mediation of migration and refugeeism in the contemporary European conjuncture, asking how images, discourses, and data are involved in shaping the visions and experience of migration in increasingly global contexts.

Bielefeld : Transcript, [2020]

Temporary Protected Status: An Overview

By The American Immigration Council

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there.1 TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country make their departure or deportation untenable. This fact sheet provides an overview of how TPS designations are determined, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.

Washington DC: American Immigration Council, 2024. 8p.

Strengthening Temporary Protected Status Through Executive Action

By Emily M. Brown

The Temporary Protected Status (TPS) program protects migrants from deportation when their native countries have been struck by armed conflict, environmental disaster, or other extraordinary upheaval. Enacted by Congress in 1990, the program largely escaped attention and controversy for many years as presidential administrations of both parties designated, extended, and terminated TPS designations at similar rates. However, beginning in 2017, then-President Trump tried to end TPS protections for 300,000 beneficiaries—more than 95% of the total. His efforts were blocked in federal district courts, and President Biden has since rescinded the terminations and issued many new designations, expanding the program to its largest size ever and protecting hundreds of thousands of vulnerable migrants. Nonetheless, the future of TPS is more uncertain than ever now that it has become as politically polarizing as many other aspects of the national immigration debate. Many TPS holders have now held the temporary status for over two decades, and they deserve a solution to enable them to reside permanently in the U.S. Some scholars have proposed legislative reforms to enable long-time TPS holders to qualify for green cards while also making modest adjustments to the program that would make it more temporary in nature for the future. But efforts to provide a path to permanent residence for long-time TPS holders through legislation are unlikely to be fruitful in the current political climate. Meanwhile, newer TPS beneficiaries, who are fleeing armed conflict and civil strife in countries like Afghanistan, Haiti, and Venezuela, are plagued by slow processing times of their applications, keeping them out of the formal labor market, and they often remain stuck in immigration removal proceedings, which is unnecessary, costly, and could put them in greater danger of removal if a future administration terminates their TPS designation. This Article argues that this and future administrations should build on the accomplishment of extending humanitarian protection to hundreds of thousands of new beneficiaries by taking additional executive actions to benefit both long-time and new TPS beneficiaries, including designating and redesignating more countries for TPS, terminating removal proceedings for those who are eligible for TPS, and creating a parole program that will help longtime TPS holders eventually attain permanent residency.

Ohio State Legal Studies Research Paper No. 879, Buffalo Law Review, Volume 72, pp. 101-168, 

Advancing Antiracism, Diversity, Equity, and Inclusion in STEMM Organizations: Beyond Broadening Participation

By National Academies of Sciences, Engineering, and MedicineNational Academies of Sciences, Engineering, and Medicine

Individuals from minoritized racial and ethnic groups continue to face systemic barriers that impede their ability to access, persist, and thrive in science, technology, engineering, mathematics, and medicine (STEMM) higher education and workforce. Without actively dismantling policies and practices that disadvantage people from minoritized groups, STEMM organizations stand to lose much needed talent and innovation as well as the ideas that come from having a diverse workforce. A new report from the Board on Behavioral, Cognitive, and Sensory Sciences examines the backdrop of systemic racism in the United States that has harmed and continues to harm people from minoritized groups, which is critical for understanding the unequal representation in STEMM. The report outlines actions that top leaders and gatekeepers in STEMM organizations, such as presidents and chief executive officers, can take to foster a culture and climate of antiracism, diversity, equity, and inclusion that is genuinely accessible and supportive to all.

Washington, DC: National Academies of Sciences, Engineering, and Medicine, 2023. 342p

Does a Tragic Event Affect Different Aspects of Attitudes Toward Immigration?

By Heizler (Cohen), Odelia, Israeli, Osnat

Dramatic events can evoke feelings of compassion, fear, or threat, and can affect public opinion regarding controversial issues. Such an event was the drowning of 3-year-old Alan Kurdi, a Syrian boy whose body washed up on a Turkish shore, and was photographed, producing an iconic image that was seen worldwide. The image evoked empathy and compassion that neuroscience and psychological research associate with a motivation to help. This paper examines the impact of this event on four different aspects of attitudes toward immigration, some of which are more closely linked to pro-social behavior than others. The timing of the European Social Survey in Portugal allowed us to use this tragic event as a natural experiment. Our results show that Kurdi's drowning had a significant effect on emotion-related sentiments, but no such impact was detected on other attitudes. The results suggest that the event did not change the respondents' opinion regarding the possible negative consequences of immigration on the host country's economy, crime level, or culture, nor did it change their perception of the skills required by immigrants. On the other hand, the empathy induced by the tragic event increased their willingness to have a less restrictive immigration policy and their openness to having close social relationships with immigrants.

Bonn: Institute of Labor Economics (IZA), 2024. 34p.

Protecting Immigrant Rights: Is Washington’s Law Working?

By The University of Washington, Center for Human Rights

2019’s Keep Washington Working (KWW) Act and 2020’s Courts Open to All Act (COTA) place Washington state at the forefront of national efforts to protect immigrant rights through state law. Yet the mere passage of these laws doesn’t mean they’re actually being enforced. After 18 months of research evaluating the implementation of KWW and COTA through the analysis of practices in 13 priority counties, this first report of the University of Washington Center for Human Rights (UWCHR) “Immigrant Rights Observatory” shares several key findings. Because the local police and sheriffs have historically played a significant role in bringing Washingtonians into contact with federal immigration enforcement, this report focuses on the ways in which law enforcement agencies and jails have implemented KWW. Key findings include the following:

  • Law enforcement agencies across our state are dedicating energy and effort to KWW implementation—though not, for the most part, using the Attorney General Office’s model policies designed to provide guidance to local agencies on this process.

  • Everyday policing still blurs into opportunities for federal immigration enforcement. Despite KWW’s prohibitions on the sharing of non-public information about immigrant Washingtonians with ICE/CBP for purposes of civil immigration enforcement, some local police and sheriff’s deputies continued to summon federal agents to the scene of traffic stops, to provide tips about the location of specific individuals, and to participate in multi-agency task force operations that include civil immigration arrests.

  • Washington jails and prisons remain key points in the pipeline to immigration detention and deportation. In the booking process, some jails continued to request place of birth information that the law bars them from gathering, and to share it—as well as other information—with ICE/CBP. Detainers, or “immigration holds” which request jails keep custody of individuals beyond their release date to facilitate their apprehension by ICE/CBP, continued to be honored in multiple jurisdictions.

  • Jail contracts in flux. KWW mandates Washington’s jails to cease holding immigrants in civil detention under contract with ICE/CBP by December 2021; in anticipation of this date, at least two jails have already terminated the practice. However, one other jail has indicated it expects to continue its contract with CBP beyond that date, using probable cause statements from CBP to justify the detention as criminal rather than civil detention.

  • Areas unaddressed by the law remain cause for concern. These include regular DOC-ICE release notifications, local/federal database interoperability, and other ways in which immigrants with criminal recormcnairds—not necessarily even convictions—experience law enforcement and the justice system in dramatically different ways than other Washingtonians, solely because of their citizenship.

Seattle: University of Washington, Center for Human Rights. 2021

Paths to Compliance: The Effort to Protect Immigrant Rights in Washington State

By The University of Washington, Center for Human Rights

In 2019, the Washington state legislature passed a landmark “sanctuary” law aimed at safeguarding immigrant rights, the Keep Washington Working Act (KWW). In doing so, it prohibits many once-routine practices that, in the past, funneled many Washington state residents into contact with federal immigration enforcement. While many migrant justice organizations worked hard to secure the law’s passage, in achieving victory they also faced an important challenge. The law’s requirements are sweeping, but the provisions for its enforcement – its “teeth” – are quite modest. Unlike the Sanctuary Promise Act subsequently passed in Oregon, Keep Washington Working does not task any agency with monitoring or responding to violations of the law. And it does not contain a private right of action, which would incentivize efforts to secure compliance by allowing individuals or organizations to recover damages from jurisdictions that violate the law. Indeed,  in the early days of the law, some jurisdictions openly indicated their intention to flout its provisions, signaling that implementation challenges were likely ahead. Since 2020 the UWCHR has examined the law’s implementation, both in policy and practice, across Washington. In this context, it is not easy to know whether the law has accomplished the changes it promised for Washington’s communities. For this reason, since 2020 the UWCHR has examined the law’s implementation, both in policy and practice, across Washington. While real-time monitoring of conditions in communities across the state exceeds our capacity, we conducted this work by sampling areas and practices identified as high priority concerns by partner organizations, including the Washington Defender Association, Northwest Immigrant Rights Project, ACLU of Washington, Columbia Legal Services, OneAmerica, and Washington Immigrant Solidarity Network, and using public records requests to document patterns of concern.6 We also rely on analysis of quantitative data obtained from ICE through requests and litigation under the federal Freedom of Information Act to track enforcement trends in our state in ways that shed light on shifting practices. (We anticipate publication of a full report on those trends in the weeks ahead.) Our first report on KWW’s impact, “Protecting Immigrant Rights: Is Washington’s Law Working?”, was published in August 2021, and identified areas of progress as well as concern. Today, we offer an update on the law five years after its entry into force. While concerns about lack of compliance remain, and we note some of these below, we also highlight some of the behind-the-scenes ways that advocates in civil society and government have acted to ensure the law is effectively securing protections for the rights of migrants in Washington. 

Seattle: The University of Washington Center for Human Rights 2024. 20p.

The Border is Everywhere: Immigration Enforcement in the Contemporary Pacific Northwest

By The University of Washington, Center for Human Rights

As the United States enters the height of the 2024 electoral season, a familiar pattern is at the forefront of campaign rhetoric: Democrats and Republicans alike declare themselves ever tougher on “the border,” making claims about “record” numbers—of arrests, deportations, border crossings—to bolster their arguments. The deep politicization of immigration policy provides incentives for the data to be used misleadingly by both sides. In fact, the reality of how immigration policy is carried out is more complex: against the backdrop of shifting local and national policies, raw numbers do not necessarily capture what is happening on the ground in actual communities, and may in fact obscure our understanding of the human rights implications of immigration enforcement. This report dives into the question of what shifting trends in immigration enforcement – nationally and locally – mean for communities here in the Pacific Northwest (PNW).1 Drawing on various collections of data from the Department of Homeland Security (DHS), including some datasets we release here for the first time, as well as on data from immigration courts and insights from immigrant-serving organizations, we examine three central questions: • How is immigration enforcement happening in the PNW? • How does our region’s experience compare to national trends? • What are the implications of these trends for human rights? We find that recent changes in state and local   In this report, we refer to the “Pacific Northwest” or “PNW” as shorthand for the states of Oregon and Washington. These two states, plus Alaska, make up ICE’s “Seattle Area of Responsibility.” Because there is comparatively little immigration enforcement in Alaska, we do not address the circumstances in that state here. policy have contributed to important gains for migrant justice here in the PNW, many of which are highlighted in our recent report “Paths to Compliance: The Effort to Protect Immigrant Rights in Washington State”. This is reflected in changing arrest patterns across the PNW: whereas in past years, local and state law enforcement helped channel migrants into the custody of US Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), in the wake of “sanctuary state” legislation in Oregon and Washington, this happens much less frequently. And while ICE officials warned that they would compensate for curtailed collaboration in sanctuary jurisdictions by conducting more “at large” arrests on the streets and in communities, this does not appear to have been the case in recent years. Instead, Biden administration policies have attempted to alleviate bottlenecks at the US/ Mexico border by shifting the processing of new arrivals to the interior of the country and opening up new pathways for some migrants seeking asylum. For the most part, the growing enforcement numbers we have seen in the PNW reflect this, as migrants arriving here from the southern border are arrested at subsequent check-ins while following instructions from CBP and ICE, rather than in community raids. This is not to suggest that enforcement has been lax. Quite the contrary: recently-arrived migrants, many of them families with small children, and from communities with fewer established support networks in the PNW, face dire conditions and deep challenges defending their rights. And although reports of workplace raids or community-based arrests appear to have waned, such practices could return under a more overtly repressive administration;  thanks to DHS’ growing use of public and private databases, tracking technologies, and digital detention, data on migrant communities is readily available to ICE and CBP, here as elsewhere in the country. At the same time, analysis of court data shows that in fact, outcomes of immigration court cases brought in Washington and Oregon are markedly worse than the national average. This means that although our communities have taken important steps to protect the rights of immigrants, there is no firewall between the “progressive” PNW and national anti-immigrant practices. The border is, in this sense, everywhere: our neighbors continue to be separated from their families in our courts, held under abysmal conditions in ICE detention, and deported through our airports; in some ways, in fact, migrants fare worse here than in other parts of the country. We have a lot of work to be done before the PNW can truly consider itself a “sanctuary” for immigrants.    

Seattle: The University of Washington Center for Human Rights 2024. 24[p.

‘Help way earlier!’ How Australia can transform child justice to improve safety and wellbeing

The Australian Human Rights Commission

The treatment of children in the criminal justice system, some as young as 10 years old, is one of the most urgent human rights issues facing Australia today. Numerous inquiries and reviews, including Royal Commissions, as well as UN Committees, have highlighted serious breaches of rights and systemic problems with our child justice and related systems over many years. However, Australia continually fails to implement evidence-based reforms to our child justice systems which would reduce offending behaviour and make our communities safer. This report investigates opportunities for reform of child justice and related systems across Australia, based on evidence and the protection of human rights. It is the result of a project undertaken by the National Children’s Commissioner (NCC) in 2023–24. The project included a submissions process, consultations with children and young people, families, community members, and interviews and roundtables with government and non government stakeholders across Australia.

Canberra: The Australian Human Rights Commission, 2024. 195p.

More than a Wall: The Rise and Fall of US Asylum and Refugee Policy

By Ruth Ellen Wasem

This article uses a multidisciplinary approach — analyzing historical sources, refugee and asylum admissions data, legislative provisions, and public opinion data — to track the rise and fall of the US asylum and refugee policy. It shows that there has always been a political struggle between people who advocate for a generous refugee and asylum system and those who oppose it. Today, the flexible system of protecting refugees and asylees, established in 1980, is giving way to policies that weaponize them.

It offers a historical analysis of US refugee and asylum policies, as well as xenophobic and nativist attitudes toward refugees. It places Trump administration refugee policies in three categories: those that abandon longstanding US legal principles and policies, most notably non-refoulement and due process; those that block the entry of refugees and asylees; and those that criminalize foreign nationals who attempt to seek asylum in the United States.

The article concludes with an analysis of public opinion research to square the growing public support for refugees and asylees shown in polling data with the subgroup popularity of Donald Trump’s harsh xenophobic rhetoric and policies. These seemingly contradictory trends are consistent with research on right-wing populism. It argues that the restoration of generous humanitarian policies requires robust civic engagement and steadfast legislative efforts.

Journal on Migration and Human Security Volume 8, Issue 3, September 2020, Pages 246-265

Detained and Unprotected: Access to Justice and Legal Aid in Immigration Detention Across Europe

By Jesuit Refugee Service Europe

By definition, things that occur in detention occur behind walls, and in a context where those detained have been disempowered. Scrutiny and transparency are therefore often elusive, and access to justice to which people are legally entitled may be denied altogether or made more difficult. This situation is compounded because people are often detained under immigration powers at borders, or when facing removal—in contexts of limbo, where normal justice procedures are easier to circumvent.

Against this background, this report looks into if and how detained migrants can effectively access justice in Europe today. This is a particularly relevant topic, as this work comes at a moment in which the use of detention upon arrival at external borders is likely to increase, as a result of the adoption of the EU Pact on Asylum and Migration. Because of the complexity of immigration procedures in Europe, effective access to justice cannot be properly assessed without considering if migrants—in this case detainees—have effective access to legal assistance. For this reason, a chapter of this report is dedicated to access to legal aid. We further looked into how effectively detainees can access remedies against their detention and return orders. Another chapter explores the existence and effectiveness of complaint mechanisms for detainees to address violations of rights that happen in detention. Finally, we looked into the possibility for migrants to apply for international protection while in detention.

This work is based on the experience of JRS visiting people in detention centres across Europe. JRS opposes the use of administrative detention as a practice that is inherently harmful to human dignity and has a negative impact on both physical and mental health. As long as detention is a reality, however, JRS staff and volunteers work to accompany detained migrants and advocate for the respect of their rights and for humane detention conditions.

Brussels, Belfium, JRSEurope, 2024. 69p.

Access to Justice for Migrant Workers and Victims of Trafficking for Labour Exploitation: A Toolkit for Practitioners and Policymakers

By The International Organization for Migration (IOM)

This toolkit builds on the outcomes of two international exchanges on access to justice for migrant workers and victims of trafficking for labour exploitation and on an additional round of internal consultations, consolidated with IOM best practices and additional research inputs. Various relevant stakeholders from different European countries participated in the workshop, including law enforcement authorities, prosecutors, labour inspectors, trade union representatives, international organizations and civil society organizations, among others.

Produced under the framework of the MiRAC-funded project Enhancing IOM’s Protection Capacity in the EEA+ Region to Protect the Rights of Migrants Subject to Labour Exploitation, this document serves as a practical guidance tool for addressing the needs of migrant workers and victims of trafficking for labour exploitation in the European Union, as well as in Iceland, Norway, Switzerland and the United Kingdom. It was specifically developed to support national authorities, in particular, relevant labour, immigration, prosecution and counter-trafficking agencies, as well as other relevant stakeholders, such as civil society organizations and trade unions, to provide the tools needed to effectively support and empower migrant workers and victims of trafficking for labour exploitation.

Brussels: International Organization for Migration, 2023. 124p.

Fear and lying in the EU: Fighting disinformation on migration with alternative narratives

By Paul Butcher, Alberto-Horst Neidhardt

Migration remains a salient political issue and a major topic of disinformation. Lies and half-truths about migrants spread freely across the EU. But the narratives and themes used by disinformation actors are not static. As events develop and public concerns shift, so do the types of stories pushed by those seeking to mislead. For example, the COVID-19 pandemic has led to a growing stream of articles linking migrants to infection risks and accusing them of receiving preferential treatment. Disinformation actors have certain advantages over other communicators, as they can promote simplistic or one-sided depictions of migration without regard for truth or accuracy. Rather than seeking to counteract specific claims, such as through fact-checking or counternarratives, communicators and policymakers should instead promote alternative narratives that can undermine the appeal of hostile frames and create ‘herd immunity’ against disinformation. Alternative narratives should especially target those in the ‘movable middle’ who are most open to changing their views, especially as these groups may also be more liable to being influenced by disinformation. This Issue Paper examines nearly 1,500 news articles from four EU member states (Germany, Italy, Spain and the Czech Republic) published between May 2019 and July 2020. It shows that disinformation narratives about migration seek to exploit readers’ fears to polarise public opinion, manufacture discontent, sow divisions and set the political agenda. Disinformation actors link migration to existing insecurities, depicting it as a threat to three partly-overlapping areas: Health (migrants as violent criminals, potential terrorists, or a COVID-19 infection risk); Wealth (migrants as social benefits cheats, unfair competition for jobs, or a drain on community resources); Identity (migrants as a hostile invasion force, a threat to European or Christian traditions, or the subject of a conspiracy to replace white Europeans). An effective communication strategy based on alternative narratives should take account of the following recommendations: The message should aim to reframe the debate. It should resonate with the target audience’s lived experience, acknowledging their values and concerns, but avoid amplifying anxieties. Messages promoting alternative narratives must be timely and reflect the news cycle. Like a vaccine administered at regular intervals, communicators should repeat simple, specific messages that can prompt the best immune response against hostile frames spread by disinformation. The medium should aim to restore trust among groups. Institutions, which are often subject to discrediting campaigns, should prioritise communication through trusted intermediaries who can get messages to the hard-to-reach. They should work in partnership with civil society and local actors to deliver coordinated messages in the right environments. They should seek to reach people ‘where they are’ using the most appropriate communication channel, taking into consideration where their audience consumes information. The selection of the audience should aim to reclaim readers from the fringes. Audiences should be targeted based on their values and what they feel is important. To gain a first hearing, communicators should find an ‘entry point’ where the messenger and audience share common ground. All communicators seeking to promote a more balanced debate should aim to develop messages that can support a single overarching meta-narrative: for example, that migration is a normal phenomenon that can bring benefits to European societies if managed effectively and in full respect of fundamental human rights. More effective communication strategies can help to undermine threat-based discourses about migration. But such narrative strategies must also be backed up by policy changes. Effective policies combined with alternative narratives will go a long way towards resolving the concerns that drive disinformation on migration. A more balanced debate will, in turn, facilitate the adoption of meaningful reforms in line with EU fundamental values and human rights, thus creating a mutually reinforcing cycle of alternative narratives and policymaking

Brussels, Belgium: Foundation for European Progressive Studies (FEPS). 2020. 52p.

Exclusion by design: Unveiling unequal treatment and racial inequalities in migration policies

By PICUM

Migration policies are far from being racially neutral. They determine who is eligible for citizenship, regulate mobility across borders, and dictate the type of residence permits people may obtain, if any. These policies serve as gatekeepers of inclusion and exclusion within our communities, shaping individuals’ experiences of discrimination and marginalisation, and leave many individuals with undocumented or precarious statuses. The resulting patterns of marginalisation often follow racialised lines. This briefing explores EU migration policies and enforcement practices from the perspective of racial justice. It does so by drawing upon insights from a legal seminar that PICUM co-organised with the Equinox Initiative for Racial Justice in November 2023, which looked at the intersection of racial profiling, policing and immigration control. It also draws upon prior analysis conducted by a wide range of civil society organisations. The briefing shows both how the EU’s anti-discrimination legal and policy framework fails to adequately protect racialised communities, and how EU migration policies contribute to racial inequalities.

Brussels, Belgium: PICUM, 2024. 46p.