Despite many
protests from immigrant advocates, including an eloquent
open letter from Bolivian President Evo Morales, the European Parliament this week passed a "
return directive" setting "common standards and procedures in Member States for returning illegally staying third-country nationals" (a.k.a. undocumented migrants). Intended to safeguard the rights of migrants, the directive seems instead to push member states towards the
lowest common denominator. Two of the most concerning provisions of this new law are a
5-year ban on re-entry into the EU for migrants who fail to depart within the allotted time frame and a
detention period of up to 18 months pending deportation. According to the
European Council on Refugees and Exiles,
pre-removal detention periods in Europe currently vary tremendously, from a 32-day limit in France to an unlimited duration in the Unit
ed Kingdom.
While "harmonization" might protect some, it surely will harm others as more migrant-friendly countries may be encouraged to change their laws to conform to EU standards. Moreover, the directive permits detention of families and unaccompanied minors, a practice that we've
criticized here in the U.S. Indeed, the entire exercise may serve to bring European policies in line with American "
crimmigration" practices that ladle out a particularly retributive brand of justice against those who have committed no crime, but may seek protection from persecution and torture or simply to feed their families. Harmonious? Not for the
sans-papiers and
clandestinos, whose already perilous circumstances may become even more dire.
Despite many protests from immigrant advocates, including an eloquent open letter from Bolivian President Evo Morales, the European Parliament this week passed a "return directive" setting "common standards and procedures in Member States for returning illegally staying third-country nationals" (a.k.a. undocumented migrants). Intended to safeguard the rights of migrants, the directive seems instead to push member states towards the lowest common denominator. Two of the most concerning provisions of this new law are a 5-year ban on re-entry into the EU for migrants who fail to depart within the allotted time frame and a detention period of up to 18 months pending deportation. According to the European Council on Refugees and Exiles, pre-removal detention periods in Europe currently vary tremendously, from a 32-day limit in France to an unlimited duration in the Unit
ed Kingdom. While "harmonization" might protect some, it surely will harm others as more migrant-friendly countries may be encouraged to change their laws to conform to EU standards. Moreover, the directive permits detention of families and unaccompanied minors, a practice that we've criticized here in the U.S. Indeed, the entire exercise may serve to bring European policies in line with American "crimmigration" practices that ladle out a particularly retributive brand of justice against those who have committed no crime, but may seek protection from persecution and torture or simply to feed their families. Harmonious? Not for the sans-papiers and clandestinos, whose already perilous circumstances may become even more dire.
