On Thursday morning, ASTI published a response to two draft bills on immigration reform, concerning the implementation of the European Migration Pact and the reform of the law on the free movement of people.
The second bill was largely welcomed by the association, although ASTI regretted the missed opportunity to found an emergency committee as previewed in the coalition agreement. ASTI director Sérgio Ferreira commented that the notion of a "charge for the social system" still lacked clear definition. The government has asked why people eligible for benefits do not claim them, as part of the battle against poverty, yet here it is clear that some people are afraid to apply for social assistance in case they are later accused of being a burden when seeking to extend their stay in the country.
In its opinion on the asylum and migration pact, ASTI focused on the migrant component and not on refugees, in particular issues with filtering centre. People who do not want to hand over their details are to be immediately brought to the detention centre, which goes too far, Ferreira said. It also envisages searches which go too far for ASTI.
"If the bill passes, the police will be able to conduct systematic searches of people or their belongings, without there being any suspicion or risk of danger."
It is clear that the bill plans to strengthen conditions for people in irregular situations. ASTI is therefore calling upon the government to allow people living and working in Luxembourg to have the option to regularise their situation, before the laws come into force. Ferreira said it has been thirteen years since there was the last opportunity for an exceptional regularisation, before a similar EU directive came into force.
"Then, the government allowed an amnesty for employers, saying there would be new sanctions and there needed to be an opportunity to regularise the situation. Today we are in the same situation, but there is no sanction against employers, instead it's against people. In our view, as there will be a strict application of European law, new sanctions, more regular checks, it is the moment to say to these people, you're already here, you're active in our society, so here is the chance for regularisation."
A couple of hundred people are affected, currently living in Luxembourg without rights, protection or perspective, said Claire Geier, president of the ASTI board of directors. In the majority of cases, the individuals did not start out in irregular situations.
"They arrive in our country with a totally regular situation, no issues, but then they experience an unexpected break in their journey. This could be down to a number of reasons, and it leaves these people in irregular situations. It is unplanned."
From a humane point of view it is only right to help these people. It would also benefit the state, as they would pay taxes and contribute to society. Employers would also benefit, as businesses employing people without papers have an unfair advantage. Exceptional regularisation would also not increase the number of people coming into the country, ASTI concluded.
