DR. ELAINE DEWHURSTDublin City University

Socio-Legal Research Centre

The Other Side of Undocumented Immigration: Addressing the Pull

Factor

Introduction

Who are undocumented workers?What is the “pull factor”?How are States currently addressing the

issue?Current EU approach Conclusion

Who are undocumented workers?

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)

Work Profile

3 D’s Dirty Dangerous Difficult

Numbers

Between 4.5 – 8 million illegal immigrants in the EU working in all sectors of the economy (Source: European Parliament (2009))

PROBLEM!

Current Approaches to Undocumented Migration

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

TACKLING THE PULL FACTOR

A new approach

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

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

EU Member States and the Pull Factor

Current Approaches

Non-Protection Approach

Current Approaches

Protection with Consequences Approach

Current Approaches

Full Protection Approach

The New EU Approach

EU Sanctions Directive (2009/52 EC)

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

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.

Conclusion

Thank you

Elaine Dewhurst Elaine.dewhurst@dcu.ie