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The Other Side of Undocumented Immigration: Addressing the Pull Factor

The Other Side of Undocumented Immigration: Addressing the Pull Factor. DR. ELAINE DEWHURST Dublin City University Socio-Legal Research Centre. Introduction. Who are undocumented workers? What is the “pull factor”? How are States currently addressing the issue? Current EU approach

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The Other Side of Undocumented Immigration: Addressing the Pull Factor

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  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

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