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
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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.
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