Illegal immigration: no common ground

Spring has sprung all across Europe. With the warming of the waters off the Spanish and Italian coasts, thousands of African migrants will again try to make their way to the promised land: Europe. Many, desperate for a better life, will become victims of human traffickers , will risk life and limb on open waters, essentially sold into slavery until they can repay their debts to those who have furnished the fishing boats they pack hundreds of would-be migrants on to. Last week's IHT features yet another of the evocative stories about the desperation that drives people into the hands of traffickers.

But there is hope on the horizon for these illegal migrants , apparently. Spring promises to see the unveiling of at least one European Directive on the employment of illegal immigrants. In a recent speech at the London School of Economics, Franco Frattini, the Union's Justice and Home Affairs Commissioner reiterated that mass illegal migration was above all a ‘root causes’ problem, which needed to be addressed at home. In keeping with the ‘law and order’ approach many Member States advocate, he also highlighted the positive development of FRONTEX, the Union's border agency and outlined his dream of a pan-European coastguard “for our own security and to help save lives at risk.”

All well, all good. In the meantime, however, Member States are steering as far from a comprehensive European solution to the problem of illegal migration as possible: where Spain has regularized illegal long-term resident migrants in waves over time, the UK Home Office recently unveiled new ways to cut benefits to illegal migrants and essentially achieve faster expulsion. John Reid, the UK interior minister has called illegal migrants “scroungers,” who “steal our benefits”.  His plan involves possibly sending foreign nationals text messages (um, excuse me? How many illegal migrants register their phone numbers?) who are about to overstay their visas. Other ideas Dr. Reid is currently exploring is how to confiscate driver's licences of illegal migrants. Let's look at that one: the majority of illegal migrants live clandestine lives, conscious of not leaving a paper trail. Many of them will not apply for a UK driver's licence for exactly that reason.

And what of the Franco-German tandem? Its harmonious peddling kept the Union afloat and moving ahead even through its deepest historic crises. In a Union of 27 and in the absence of a Constitution, this formerly great alliance seems little more than a chorus of two among many other a capella singers on many issues. Addressing immigration issues together , whether legal or not , has never been on the program. Joint military forces , sure, but immigration policy? Far too complex.

Much of this can largely be linked to differing historical approaches to the phenomenon of migration: France, given its colonial history, has long seen itself as a country open to migrants (though not a country founded on immigration, like the USA), which sought to integrate (or assimilate!?) through the power of its school system alone. Successive German governments, on the other hand, chose to ignore the phenomenon almost entirely until 1998, when a Social-Democrat/Green coalition came to power that was willing to acknowledge the country for what it was , the EU member state with the largest number of foreign nationals in the Union. Alas, perhaps not an immigration country (Einwanderungsland) per definition, but certainly an immigrant destination.

So, back to illegal migration. Throughout history in the 5^th Republic, migrants have had it better under Socialist rule: France's 'sans papiers’ (without papers) were regularized at different intervals. Under Nicolas Sarkozy, one of the leading contenders for the office of the presidency in late April and former interior minister, immigration policy was tightened and expulsion goals for illegals set. Now, Segolene Royal, presidential hopeful of the French Socialist Party is putting illegal/tolerated immigrant children ahead of their parents. In keeping with the French tradition of putting all hope into the assimilative qualities of education, she argues that parents with children in school cannot be sent back to their home countries. Students should be allowed to finish their education. Truly, a revolutionary approach, and one which runs directly antithetical to Nicolas Sarkozy's ‘law and order’ approach to appeasing the situation in the immigrant-heavy banlieus throughout France.

And what of Germany? In a complete volte face since 1998, Germany has not only managed to introduce more functional ‘foreigner rights’ (Auslanderrecht), it has also just passed the legislation discussed in an earlier blog on this website: it has managed to give the nearly 180,000 tolerated migrants (asylum seekers, illegals, etc.) a ray of hope , providing they have been in the country for more than six years, entered in 2001 AND can prove that they will be gainfully employed by 2009. The new law also regulates the lives of these migrants spouses and children: all next of kin must be able to speak at least a little German upon entry.

Thus, as the days get longer and warmer, as African migrants prepare to spend their life's savings – up to $ 8,000 dollars , and often their future earnings, or their bodies to traffickers, Europe continuous to sing off tune. Germany gives illegal migrants more rights, the UK cracks its whip and France, well France could still go either way, with Royal advocating a calibrated ‘case-by-case’ decision mechanism and Sarkozy arguing as a hardliner. While Member States try to deal with the concrete problems at hand, the Commission works toward addressing root causes in Africa. Illegal immigration was written into the Berlin Declaration. Apparently, it's a presidential matter. Now is the time for European leaders to assume their roles , to lead with humanity, integrity and respect for the suffering of these migrants , toward creating functional, comprehensive solutions to theses issues, toward singing one tune in a choir of many.