FRA has compiled a document on the fundamental rights considerations of apprehending migrants in an irregular situation, drawing on input from stakeholders.
It includes do’s and don’ts for law enforcement officials. The findings were drawn up following two meetings with Member State experts, the Platform for International Cooperation on Undocumented Migrants (PICUM) as well as the European Commission. It is part of FRA’s larger work on the fundamental rights of migrants in an irregular situation and follows suggestions made during the Fundamental Rights Conference 2011. The conference showcased FRA’s work on the rights of irregular migrants which revealed that certain practices to detect irregular migrants may disproportionately discourage them from accessing essential services, such as health, education and legal services. This latest document, providing operational guidance on fundamental rights, has been handed over to relevant EU institutions for further consideration. It was presented to the Council Working Party on Integration, Migration and Expulsion on 26 September and on 28 September to the Contact Committee of EU Member State representatives, which is convened by the European Commission under the Return Directive.