Institutional Solutions for Migration Management

1. Institutional Solutions for Migration Management Piotr Kaźmierkiewicz Institute of Public Affairs, Warsaw

2. Acknowledgments • Data on EU Member States have been kindly provided by the International Organization for Migration Kyiv • Polish experience has been based on the materials supplied by the Headquarters of the Polish Border Guards

3. Overview • Migration Institutions in Europe: Different Focus • Location of Migration Services in European Government Structures • Case Studies of Organizational Designs: • Concentration In A Ministry, • Interministerial Coordination • Decentralization • Role of Ministry of Interior in Various Systems • Scope of Responsibilities of Designated Migration Institutions • Directions of Organizational Reforms

4. Conclusion # 1: No single profile of a European migration service • Migration Institutions in Europe take on different names, reflecting their focus • Two most common types: • Focus on (im)migration • Link between (im)migration and citizenship

5. Most service titles focus on migration or link with citizenship • stressing (im)migration (10) • Directorate of Immigration (Finland, Greece, Norway, Spain) • (Im)migration Office (Italy, Slovakia, Switzerland) • (Im)migration Department (Belgium, Lithuania) • Immigration Service (Denmark) • linking (im)migration and naturalization/citizenship (8) • Office of Citizenship and Migration (Latvia) • Citizenship and Migration Board (Estonia) • Office of Immigration and Nationality (Hungary) • Nationality and Immigration Service/Directorate (Ireland, UK) • Migration and Naturalization Service/Section (Netherlands, Slovenia) • Civil Registry and Migration Department (Cyprus)

6. Some services with broader focus (asylum, border control) • linking migration and asylum (2) • Asylum and Migration Policy Department (Czech Republic) • Federal Office for Migration and Refugees (Germany) • linking aliens and border control (2) • Department of Immigration Police and Border Control (Austria) • Service of Aliens and Borders (Portugal) • linking aliens and expatriate/repatriate affairs (2) • Department of Citizenship and Expatriate Affairs (Malta) • Office for Repatriation and Aliens (Poland)

7. Conclusion # 2: There are options for placing service in administration • ‘Classical option’ – the service within the Ministry of Interior • usually housing asylum, integration and policing—good for coordination, but control aspects may dominate • ‘Integration focus’ – under Ministry of Labour and Social Affairs • Appropriate when key issue becomes economic and social integration • ‘High-profile option’ – the service independent or based in Ministry of Justice • Reflects the growing political significance of the issue (uncontrolled immigration, problems in integration)

8. 80% of European services made part of single ministries, usu Interior • 14 services placed under Ministry of Interior • NOTE: most countries with external borders or facing illegal entry, majority of new EU MSs entering in 2004 (Austria, Czech Rep, Cyprus, Estonia, Finland, Germany, Greece, Latvia, Lithuania, Poland, Portugal, Slovakia, Slovenia, UK) • 6 within structures of Ministry of Justice • NOTE: many countries with high % of immigrants (Hungary, Ireland, Malta, Netherlands, Switzerland, Sweden) • 2 made part of Ministry of Social Affairs • Norway, Spain

9. Services rarely independent or policy divided among ministries • 3 services independent • Belgium, Denmark, Luxembourg • In 2 cases, multiple ministries involved • France, Italy

10. Conclusion # 3: Role of Ministry of Interior in migration policy differs • Management of border control, immigration and asylum (Czech Republic) • Overall coordination and management (Estonia) • Supervisory role, conceptualizing policy, cooperation with other ministries (Poland)

11. Interior Ministry may cover the entire migration policy: Czech Republic • Asylum and Migration Policy Department and Alien and Border Police subordinate to the Ministry • Asylum and Migration Policy Department: legislation, design and implementation of migration and asylum policies • Alien and Border Police: border protection, control of movement and residence, expulsion

12. Interior Ministry may coordinate, manage services: Estonia • Citizenship and Migration Board, Police Board and Board of Border Guard under the Ministry • directing and coordinating implementation of the national citizenship policy; national policy concerning foreigners; national migration policy; • prevention of illegal immigration; • implementation of the national asylum policy; • issuing of personal identification documents to Estonian citizens and foreigners; • guarding and protecting the state border; and ensuring the border regime.

13. Interior Ministry in supervisory role and with policy initiative: Poland • Police, Border Guards, Office for Repatriation and Aliens supervised, but autonomous • Ministry: legislative initiative, coordination and oversight of implementation of acquis • Border Guards: controlling entry, residence and departure of foreigners • Office for Repatriation and Aliens: issues decisions on refugee and repatriation status, long-term residence, conducts related administrative procedures and oversees the assistance to repatriates, recognised refugees and temporarily protected persons and manages centres for asylum-seekers

14. Conclusion # 4: Migration services within MoI have standard functions • Issuing identity documents • Decisions on residence, asylum, citizenship • Development of migration policy • Statistics and monitoring

15. Responsibilities of Services Within Ministries of Interior 1 Directorate of Immigration(Finland) -- decides on: • individual residence permit matters • asylum applications,. • Finnish citizenship, • refusal of entry • deportation -- collects statistics on aliens together with the Population Register Centre and Statistics Finland

16. Responsibilities of Services Within Ministries of Interior 2 Office of Citizenship and Migration (Latvia), Migration Department (Lithuania) • issue identity documents and travel documents, • develop and implement • state migration policy, • repatriation policy, • asylum policy • maintain the Population Register (Latvia), • in Lithuania Foreigners Registration Centre under State Border Guard Service

17. Responsibilities of Services Within Ministries of Interior 3 Migration Office (Slovakia) • issues identity cards and travel documents • oversees state border protection, • decides on: • the entry to the territory of the Slovak Republic • the stay of foreigners in its territory • works with refugees and transit migrants

18. Conclusion # 5: There are options for placing a service under MoI • Separating policing functions from asylum and integration in more developed systems • In smaller systems, possible to achieve greater coordination by bringing various functions ‘under one roof’ and eliminating layers of administration

19. Organization of services within Ministry of Interior 1: Austria Dividing policing from asylum and integration

20. Organization of services within Ministry of Interior 2: Slovenia The fewer levels—the improved coordination

21. Conclusion # 6: As migration policy evolves, the service may be placed under other ministries • Ministries of Justice or Labour and Social Affairs shift from policing toward integration • More decentralized management with several quasi-independent bodies (migration and asylum boards, appeals agencies)

22. Organization of services within Ministry of Justice: Ireland Focus on legal labor migration

23. Organization of services within Ministry of Labour: Norway Focus on social integration

24. Conclusion # 7: Decentralized management requires a lot of cooperation among institutions • Italian and French systems place responsibility on local governments for integration • Multiple central ministries and agencies in charge: need to clearly divide competences to reduce conflicts

25. Migration policy dealt with by various ministries: Italy Clearly defined competencies

26. Inter-agency cooperation: France Formulation of migration policies • Directorate of Population and Migration at Ministry of Labour, Employment and Social Affairs + Ministry of Interior Work permits and family reunification • Directorate of Population and Migration at Ministry of Labour, Employment and Social Affairs Residence and documentation of foreigners • National Agency for the Reception of Foreigners and Migrations at Ministry of Labour, Employment and Social Affairs Policies on illegal migration • Interministerial Committee on Immigration Control, led by Ministry of Interior Integration of immigrants • High Council for Integration Asylum requests • Office for the Protection of Refugees and Stateless People

27. Conclusion # 8: Organizational reforms follow rethinking of migration policy • As immigration becomes an issue, a minister is appointed or a dedicated ministry formed • With social and economic integration a primary concern, a shift from Ministry of Interior is made or scope of responsibilities is broadened

28. Directions of organizational reform: upgrading immigration policy 1 Creation of a single ministry, taking over functions of multiple agencies (Denmark) • Means:Ministry of Refugee, Immigration and Integration Affairs established in 2001, taking over responsibilities of 8 ministries, incl. Interior, Justice, Social Affairs, Labour. • Assessment: upgrade of significance of the policy, better coordination of immigration and integration policies and clear line of authority

29. Directions of organizational reform: upgrading immigration policy 2 Designation of a Minister for Migration within Ministry of Justice (Netherlands, Sweden) • Means: Transfer of a minister from the Foreign Ministry into the structure of Justice Ministry (Sweden) or the nomination of an additional minister heading the staff integrated into the Ministry of Justice (Netherlands) • Assessment: communication of significance of issue, however, no separate ministry structure, indicating lower status

30. Directions of organizational reform: moving towards integration 1 Shifting responsibility for immigration policy from Ministry of Interior to Ministry of Labour and Social Affairs (Spain) • Means: Transfer from Government Office of Alien and Immigration Affairs to Secretariat of State for Immigration and Emigration (with General Directorate on Immigrants’ Integration) • Assessment: the issue no longer viewed mainly not as a matter of policing but of social integration

31. Directions of organizational reform: moving towards integration 2 Adding integration policy to the functions of a migration institution (Germany) • Means: Since 2005, the Federal Office for Migration and Refugees also designing the curriculum for the integration courses, ensuring adequate provision of basic and intermediate language and orientation courses, and conducting immigration research • Assessment: ensuring better coordination between immigration, asylum and integration policies

32. Conclusions 1. No single profile of a European migration service 2. Different options for placing the service within administration 3. Role of Ministry of Interior in migration policy differs 4. Migration services within MoI have standard functions 5. Options for placing the service under Ministry of Interior 6. As migration policy evolves, the service may be placed under other ministries 7. Decentralized management requires a lot of cooperation among institutions 8. Organizational reforms follow rethinking of migration policy