Dimitry
Neuckens, 2001
Over the past 25 years, several regularization campaigns for undocumented migrants have been carried out throughout Europe.
During this period,
two campaigns took place in Belgium. In 1974, with the establishment of the
“immigrationstop”, about 9,000 clandestine workers were regularized. The
second campaign began in January 2000, and will be finalized in 2002. More then
55,000 migrants filed a demand, and it is expected that about 80 % will be
regularized.
The Netherlands organized two campaigns: 15,000 illegal
workers were regularized in 1975, and 1,800 illegal workers were given a
residence permit in 1980.
France had a rather big number of campaigns. In 1981,
130,000 foreigners were legalized (mainly illegal workers, but also people that
were looking for work, students and people who were ill and did not have
residence permits). The 1991 campaign legalized 21,000 files of asylum
seekers that had been rejected after having spent years in the asylum procedure.
A third campaign was announced in 1997 at the
start of the Jospin government. Foreigners whose
procedure for family reunification was rejected had the opportunity to
submit an application for regularization until 1 November 1997. Eventually
150,000 applications were submitted, out of which 80,000 files were regularized.
Nonetheless, southern European countries have
regularized the biggest amount of foreigners via regularization campaigns.
In Italy, the 1987/88, 1990 and 1995/96 campaigns
regularized about 600,000 illegal foreigners (mainly illegal workers, but also
people that were looking for work, students and applicants for family
reunification ). The last amnesty measure (end of 1998 until the end of 1999)
was initially meant to regularize 38,000 labour migrant candidates, but
eventually reached 250,000 foreigners.
The first three campaigns that were held in Spain in
1985/86, 1991 and 1996, led to the regularization of 180,000 illegal workers
(and people actively looking for work). In the campaign that was held in 2000,
another 135,000 workers were legalized. Finally, almost 300,000 foreigners filed
a demand during the 2001 campaign , in which employment as well as strong social
ties with Spain had to be proved.
The three campaigns that were held in Portugal in
1992/93 and 1996 and in 2001 regularized about 130,000 foreigners (workers and
people that were looking for work). The 1998 regularization campaign in Greece
provided 220,000 illegal workers (or candidate workers) with the possibility of
legalizing their residence. More than 350,000 candidate workers applied in the
2001 campaign.
These European campaigns have a few common
characteristics:
#
The
most important criterion that is used in these campaigns is “employment”.
The criterion of “duration of stay” is mostly of lesser importance.
#
The
date of reference is usually fixed a couple of months to maximum half a year
before the start of the campaign. In some cases the candidates only have to
prove that they are in the country at the moment the campaign begins.
#
A
regularization campaign often seems to be framed within a tightening of the
aliens and migration law. The campaign is then used to make a clean sweep before
engaging in a more restrictive policy. Regularization campaigns are also
sometimes begun after a period of restrictive policy. The campaign here has a
“cleaning up” function. Often the direct reason for making a
campaign is the installation of a new government, or a new Minister of
Foreign Affairs. With the start of a new policy term, it is easier to legitimize
such an action.
#
Concerning
the results that are attained by these campaigns, the majority of foreigners who
apply for regularization receive a residence permit. This is often a temporary
permit, and more specific requirements have to be fulfilled later on to obtain a
permanent permit. The number of undocumented migrants that submitted an
application was nonetheless every time much lower than was expected. This can be
explained on the one hand by the fact that estimations of the number of
undocumented migrants residing in a certain country were too high. On the other
hand it is possible that a considerable group of these migrants was not
sufficiently informed about the campaign, or that they were afraid to apply
(too few guarantees that one would not be apprehended upon presentation)
or because the criteria were too severe.
#
Concerning
this last point, it is often noted that during the campaign, these criteria have
to be adapted and relaxed (e.g. the requirements concerning the proof that has
to be submitted).