Oireachtas Joint and Select Committees

Wednesday, 16 November 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Migrant Crisis: Discussion

9:00 am

Mr. Pablo Rojas Coppari:

I would like to introduce the main findings of our research paper entitled Ireland is Home which is the second wave of research considering the issue of irregular migration in Ireland. I believe all committee members have received the infographic that we have produced. I have met a number of members of the committee in recent months but if anyone requires further clarification, the footnote at the end of our submission contains my contact details.

Our findings are based on a survey of more than 1,008 undocumented migrants. The sample is as representative as possible, given that the exact number of such migrants is not known. Our research found that undocumented migrants have been in Ireland for a long time. Over 20% have been here for more than ten years, while more than 84% have been here for at least five years. Obviously, the average length of stay has been extended since we conducted our survey. A full 89% of those surveyed are working and 66% of them have been in the same job for more than two years, showing a long established connection with their employers. We found that 69% of them are in full-time employment and are mainly working areas such as food, accommodation, domestic and care work, cleaning and maintenance. They are working in really valuable areas of the services sector which allows our economy to grow.

On the basis of our research and our work, we have introduced a proposal for a regularisation scheme in the State. It is important to note that currently there is no legal process for undocumented migrants to gain status in the country. If somebody is undocumented, there is no legal procedure under which he or she can apply to come forward and ask for their case to be considered. The only process in place is through an appeal of a deportation order. The committee will agree that a deportation order entails a very high risk, so it does not facilitate the process of gaining status.

We believe the best solution for undocumented migrants living in Ireland is the introduction of a policy measure or an administrative scheme which will allow for undocumented migrants living here for over four years to have their case heard on a case-by-case basis to secure legal status. Committee members have the details of our proposal in our submission. There are two types of applicants, children and families who have been residing here for three years or longer and what we call ordinary applicants who have been residing here for over four years. There is a serious criminal bar excluding people from the scheme. The outcome of the scheme is a residency permit, or stamp 4, which is valid for three years and renewable. In terms of the administration and cost of this scheme, we estimate that failure to regularise undocumented migrants in the State is currently costing approximately €41 million annually. This is on the basis of unpaid pay related social insurance, PRSI, contributions from those workers and employers each year. The scheme could be income generating. A once-off administrative fee together with immigration registration costs and other visa costs could generate approximately €5 million annually. This is in stark contrast to the €100 million it would cost to deport every undocumented migrant, using the lowest rate cost of deportation. In summary, the scheme would generate over 12 times more than it would cost over the time of implementation.

Aside from the economic benefits of the scheme, we believe it would be in the interest of the Government to know who is resident in the country and to provide for them. It will also put the Government in a stronger position when it is negotiating for immigration and common travel arrangements in the context of Brexit. We also believe we have an obligation to respond to our international commitments, particularly under the UN Convention on the Rights of the Child, and to keep up with best practice across countries in the Organisation for Economic Co-operation and Development, OECD. We must recognise that Ireland has returned to positive net migration this year and that there are growth projections both for the economy and for the population and migration trends. Regularising people who are living in the country is a labour market policy tool. We believe this is a humanitarian response for undocumented individuals, and particularly children, who are living here under constant fears and threats and with the impact of that on their mental health. The situation of undocumented migrants must be considered in tandem with the current migration and refugee crisis. Overall, we believe regularising undocumented migrants will benefit not only the migrants, but also the overall cohesion of society, and will address barriers to integration for all.

To conclude, we ask the committee to renew its commitment to the introduction of a regularisation scheme, to produce a report and to make its recommendation available to the Minister for Justice and Equality, along with a recommendation on implementation. Finally, we call on the Minister for Justice and Equality to respect our international commitments and obligations and to introduce a regularisation scheme as recommended by the UN Committee on the Rights of the Child. Failing to do so will make us lose credibility on the international scene, particularly as we advocate for the rights of undocumented rights in the US. The solution we are proposing is fair, pragmatic and can benefit all of us.

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