A/73/178/Rev.1 that explicitly prohibit the transfer of information and abolish the obligation to report the irregular migration status of individuals. 37 39. Laws and practices that clearly prohibit the transfer of information and abolish the obligation to report the irregular migration status of individuals allow public employees to have legal certainty when exercising their functions and help to reduce the fear that migrants have concerning access to public services. Such measures have been taken in some European States, particularly with regard to health and education services. In Greece and Italy, for example, where no prohibitions existed against reporting irregular migrants, civil society has mobilized to protect migrants. Some municipalities and regional entities, particularly in the United States, have adopted laws that explicitly state a refusal to collaborate with immigration authorities. 38 This is the case with so-called “sanctuary cities”, where a city or jurisdiction becomes a safe haven for migrant families. By not implementing immigration laws or refusing to share information with immigration authorities, sanctuary cities allow families to access public services without fear of suffering harm. While sanctuary cities do not provide total protection, given that immigration authorities can still have access to them, the legislation adopted by each State to protect its residents can be of great help to immigrants who urgently require public services. 39 2. Laws, policies and practices that hinder or restrict firewall protections 40. Identity checks, allegedly conducted at random to detect migrants in an irregular situation, are quite prevalent in Canada, the United States and Europe. These checks are often carried out as part of routine traffic checks or in public places, such as on public transport or in schools or health centres, thus making it difficult to establish “firewalls” between those services and immigration authorities. Furthermore, it has been alleged that such checks are discriminatory as they target certain nationali ties and ethnic groups. 40 41. The obligation to report migrants in an irregular situation primarily exists in those States in which an illegal entry or stay in the country is a criminal offence. Even in States where it is not a crime, certain individuals, including health officers, school personnel and landlords, have an obligation to report an irregular situation when they become aware of it. The same applies to the creation of shared databases and the establishment of legal obligations to share informatio n concerning persons in irregular migration situations. An example of these kinds of practices is the “Secure Communities” programme in the United States, which makes it possible to ascertain the migration status of all persons arrested in the country, in order to identify those who are in violation of immigration laws. 41 In the United Kingdom, the laws and policies that impede firewall protections have adversely affected the exercise by migrants in an irregular situation of their social rights, such as heal th and education. 42. Lastly, inspections and raids conducted in certain locations to identify migrants in an irregular situation become particularly problematic when they occur in the workplace or near the public and social services to which migrant s are entitled or need access. 42 __________________ 37 38 39 40 41 42 18-15902 Crépeau and Hastie, “The Case for ‘Firewall’ Protections for Irregular Migrants”, pp. 176–182. Ibid., pp. 18–182. D. Feinstein, J. Flake and D. Vitter, “Sanctuary Cities”, Congressional Digest, vol. 94, No. 7, 2015, p. 13. Crépeau and Hastie, “The Case for ‘Firewall’ Protections for Irregular Migrants”, pp. 170–172. Ibid., pp. 172–173. Ibid., pp. 173–176. 11/20

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