Addressing Undocumented Immigration Pull Factors: A New Approach

1. The Other Side of Undocumented Immigration: Addressing the Pull Factor DR. ELAINE DEWHURST Dublin City University Socio-Legal Research Centre

2. Introduction • Who are undocumented workers? • What is the “pull factor”? • How are States currently addressing the issue? • Current EU approach • Conclusion

3. Who are undocumented workers?

4. 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)

5. Work Profile • 3 D’s • Dirty • Dangerous • Difficult

6. Numbers • Between 4.5 – 8 million illegal immigrants in the EU working in all sectors of the economy (Source: European Parliament (2009)) • PROBLEM!

7. Current Approaches to Undocumented Migration

8. 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

9. A new approach Tackling the Pull Factor

10. 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

11. 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

12. EU Member States and the Pull Factor

13. Current Approaches

14. Non-Protection Approach

15. Current Approaches

16. Protection with Consequences Approach

17. Current Approaches

18. Full Protection Approach

19. The New EU Approach • EU Sanctions Directive (2009/52 EC)

20. 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

21. 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.

22. Conclusion

23. Thank you • Elaine Dewhurst • Elaine.dewhurst@dcu.ie