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Platform for International Cooperation on Undocumented Migrants

PICUM

PICUM is a non-governmental organisation promoting the human rights of undocumented migrants in Europe.

Lobbying Activity

Meeting with Daniel Freund (Member of the European Parliament) and European Environmental Bureau and

14 Jan 2026 · Attack against civil society

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur)

28 Oct 2025 · Facilitation Directive

Meeting with Magnus Brunner (Commissioner) and

15 Oct 2025 · Meeting of Commissioner Brunner with PICUM

PICUM urges EU strategy to protect migrant rights defenders

4 Sept 2025
Topic — A strategy to strengthen civil society engagement and address shrinking civic space.
Message — PICUM calls for an EU protection system supporting human rights defenders. They advocate for binding agreements to ensure participation in EU policy-making. They also seek simplified, direct funding for advocacy and cross-border cooperation.123
Why — This would increase financial stability and provide legal safeguards for advocacy work.45
Impact — National governments seeking to restrict migrant rights advocacy lose their ability to suppress dissent.6
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PICUM urges social rights inclusion for all undocumented migrants

1 Sept 2025
Topic — This consultation addresses the upcoming European Pillar of Social Rights Action Plan.
Message — PICUM requests non-discriminatory access to essential services and justice for everyone regardless of status. They advocate for firewalls to prevent personal data sharing between service providers and immigration authorities.12
Why — These legal protections would allow undocumented people to safely access fundamental human rights.3
Impact — Immigration enforcement agencies would lose access to migrant data collected by social services.4
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Response to EU Anti-Poverty Strategy

11 Aug 2025

PICUM, the Platform for International Cooperation on Undocumented Migrants, welcomes the EU Anti-Poverty Strategy and sees it as a key opportunity for the EU to reduce and ultimately irradicate poverty and social exclusion across the member states. To do so, the strategy must be a comprehensive, human rights-based, concrete and actionable vision that addresses the structural causes of poverty while at the same time foreseeing immediate, clear and adequately funded actions to alleviate poverty of those experiencing it today. It is fundamental that social policies, including the EU Anti-Poverty Strategy, target all people experiencing poverty in the EU, regardless of their residence status. Carrying out anti-poverty measures that include undocumented migrants benefits both people and society, is in line with fundamental rights and EU commitments, addresses the realities faced by undocumented (where many may change from regular to irregular status) and because undocumented people are extremely vulnerable to poverty and social exclusion, even though many have contributed to the welfare systems of the countries they live in. Support should include addressing precarious or undocumented residence status, as they are key drivers of exclusion and precarity. PICUM is a member of Social Platform, the EU Alliance for Investing in Children, the European Anti-Poverty Network and the Ad hoc advocacy coalition on the EU Anti-Poverty Strategy. PICUM supports and contributed to these different networks recommendations on the EU Anti-Poverty Strategy and broader social inclusion policies. In an overall political context where the importance of fundamental rights is being put into question, we submit the attached paper which focuses on one key element: why social inclusion and anti-poverty policies should target everyone experiencing poverty, regardless of their residence or migration status.
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Response to Gender Equality Strategy 2026-2030

7 Aug 2025

The Platform for International Cooperation on Undocumented Migrants (PICUM) welcomes the opportunity to provide input to the European Commissions call for evidence on the EU 2026-2030 gender equality strategy. Tackling gender inequalities is only possible by keeping a strong intersectional approach throughout the new strategy which dismantles intersecting systems of exclusion that create marginalisation. This should include a strong anti-discrimination approach, which covers not only the grounds covered by Article 21 of the Charter of Fundamental Rights, but also residence status. While not protected under EU law, gender equality cannot be achieved without addressing all the barriers to equality. Drawing upon the Womens Rights Principles for a Gender-Society set out by the European Commission in March 2025 (Roadmap and its Annex), PICUM presents the following recommendations for the 2026-2030 gender equality strategy. These should be read in conjunction with the joint civil society statement on an ambitious new Gender Equality Strategy released in December 2024, as well as PICUMs submissions to other public consultations of the European Commission, notably on the: EU Anti-Racism Strategy 2026-2030, Next EU long-term budget, Anti-Poverty Strategy, Quality Jobs Roadmap, European Pillar of Social Rights Action Plan The attached submission looks at: Gender-based violence (Principle 1) The highest standards of health (Principle 2) Labour rights (Principles 3, 5) Work-life balance and care (Principle 4) Participation of migrant women (Principle 7)
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Response to Quality Jobs Roadmap

29 Jul 2025

The Platform for International Cooperation on Undocumented Migrants (PICUM) was founded in 2001 as an initiative of grassroots organisations. Since then, it has built a comprehensive evidence base regarding the gap between international human rights law and the policies and practices existing at national level. Nowadays it represents a network of 155 member organisations working to promote social justice and human rights of undocumented migrants in 34 countries. With two decades of evidence, experience and expertise on undocumented migrants, PICUM promotes recognition of their fundamental rights, providing an essential link between local realities and the debates at policy level. PICUM welcomes the opportunity to provide input to the European Commissions call for evidence on the Quality Jobs Roadmap1. Drawing upon the 2020 report A Worker is a Worker: How to Ensure that Undocumented Migrant Workers Can Access Justice and on the 2022 Guide to Undocumented Workers Rights at Work under International and EU Law, this contribution first shows how the EUs existing legal and policy frameworks have the potential to support just and safe working conditions for undocumented workers. Secondly, it presents recommendations to ensure that the upcoming Quality Jobs Roadmap reflects the realities faced by undocumented workers across Europe. PICUM calls for the upcoming Quality Jobs Roadmap to: 1. Promote decent working conditions for all workers, regardless of their residence status 2. Address the rights and situation of workers who are undocumented or with precarious status facing labour rights violations, exploitation, violence or other crimes, in every relevant policy area 3. Enhance coherence with and full implementation of undocumented workers rights under the Employer Sanctions Directive, Anti-Trafficking Directive, Victims Directive and Victims Strategy 4. Ensure undocumented migrant workers can effectively exercise their labour rights without risking immigration enforcement by setting up firewalls 5. Strengthen safeguards in data collection 6. Ensure the meaningful participation of undocumented, formerly undocumented and precarious workers in the design and monitoring of the Quality Jobs Roadmap 7. Ensure the meaningful participation of civil society organisations and trade unions and in the design and monitoring of the Quality Jobs Roadmap 8. Channel EU funds in the current and next multi-annual financial framework to support effective labour complaints and recourse for back pay mechanisms for all workers, regardless of residence status
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Response to Anti-racism Strategy

7 Jul 2025

The Platform for International Cooperation on Undocumented Migrants (PICUM) was founded in 2001 as an initiative of grassroots organisations. Since then, it has built a comprehensive evidence base regarding the gap between international human rights law and the policies and practices existing at national level. Nowadays it represents a network of 155 member organisations working submissions to promote social justice and human rights of undocumented migrants in 34 countries. PICUM welcomes the opportunity to provide input to the European Commissions call for evidence on the new EU Anti-Racism Strategy 2026-2030. The submission is prepared drawing upon the report Exclusion by design: Unveiling unequal treatment and racial inequalities in migration policies and on previous submissions. First, this submission shows how the EUs existing legal and policy frameworks fuel racial inequalities. The EU has a legal duty to combat racial and ethnic discrimination, established through its Treaties and reinforced by the Charter of Fundamental Rights. The legal framework is complemented by policies like the EU Anti-racism Action Plan (ARAP) 2020-2025. However, the ARAP does not address nor acknowledge the need for coherence between EU migration policies and the overarching goal of combating racial and ethnic discrimination. Instead, it addresses migration as one of the broader policy areas to be covered in a mainstreaming way. This is a significant shortcoming, particularly given that recent legislative and policy developments in migration, presented as migration management, not only undermine the rights of migrants but also reinforce systemic racism, disproportionately affecting racialised communities. Secondly, this submission presents recommendations to ensure that the upcoming 2026-2030 EU anti-racism strategy reflects the realities faced by racialised undocumented people across Europe. PICUM calls for the upcoming EU Anti-Racism Strategy to: 1. Explicitly recognise the link between racial inequalities and EU migration policy; 2. Commit to concrete actions to address racial discrimination in migration policy; 3. Mainstream anti-racism across all EU policy areas; 4. End the instrumentalisation of services for migration enforcement and strengthen data protection safeguards; 5. Strengthen safeguards in data collection; 6. Establish safeguards against racialised technologies and surveillance; 7. Ensure participation of racialised communities and undocumented people in policy design and monitoring; 8. Safeguard civic space and ensure meaningful participation of CSOs in policy design and monitoring; 9. Ensure EU funds comply with the EU Charter of Fundamental Rights and actively promote the fight against racism. The detailed submission is attached here.
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Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur) and Border Violence Monitoring Network

2 Jul 2025 · Facilitation Directive

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur) and Amnesty International Limited and

14 Apr 2025 · Facilitation Directive Rapporteur's Draft (staff-level)

Meeting with Birgit Sippel (Member of the European Parliament) and Centre for European Policy Studies

26 Mar 2025 · Effectiveness of EU Policy on Non-Returnable Third Country Nationals and Ways Forward

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur) and Amnesty International Limited and

17 Mar 2025 · Facilitation directive; entry-exit-system

Meeting with Magnus Brunner (Commissioner) and

26 Feb 2025 · Child participation, protection of children’s rights in migration, protection of children from crime

Meeting with Esther Pozo Vera (Head of Unit Migration and Home Affairs) and Amnesty International Limited and

19 Feb 2025 · Consultation with civil society organisations on the review of the safe third country (STC) concept

Meeting with Cecilia Strada (Member of the European Parliament)

17 Feb 2025 · Facilitation Directive; upcoming Return proposal; legal migration and protection of asylum right in Europe

Meeting with Magnus Brunner (Commissioner) and

4 Feb 2025 · Exchange of views on return's legislation

Meeting with Roxana Mînzatu (Executive Vice-President) and

13 Dec 2024 · Roadmap towards an EU anti-poverty strategy

Meeting with Lucia Yar (Member of the European Parliament, Rapporteur) and International La Strada Association

15 Nov 2024 · Victims´ Rights Directive

Meeting with Marit Maij (Member of the European Parliament, Rapporteur)

23 Oct 2024 · Exchange of views

Meeting with Daniel Freund (Member of the European Parliament) and Amnesty International Limited and

16 Oct 2024 · Cooperation on LIBE related matters

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur)

27 Jun 2024 · Criminalisation of people on the move

Meeting with Birgit Sippel (Member of the European Parliament) and Amnesty International Limited and Save the Children Europe

12 Jun 2024 · Outreach and awareness in the next mandate

Meeting with Birgit Sippel (Member of the European Parliament)

19 Mar 2024 · Evaluation of PICUM's work (Staff-level)

Migrant Rights Network Demands Removal of Solidarity Criminalisation Provisions

6 Mar 2024
Topic — EU directive updating rules on preventing facilitation of irregular migration.
Message — The organization requests deletion of the public instigation crime, stronger protections against criminalizing migrants and family members, and binding safeguards for humanitarian defenders. They demand the Commission publish impact assessments before proposing legislation.1234
Why — This would protect their network of civil society organizations from prosecution for providing legal support and information to migrants.56
Impact — Law enforcement loses expanded surveillance powers and tools to investigate suspected smuggling networks.7
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Meeting with Giuliano Pisapia (Member of the European Parliament, Shadow rapporteur)

4 Mar 2024 · Revision of the Victims' Rights Directive

Meeting with Erik Marquardt (Member of the European Parliament, Shadow rapporteur) and European Digital Rights and

13 Feb 2024 · Facilitators Package - stakeholders’ consultation meeting

Meeting with Giuliano Pisapia (Member of the European Parliament, Shadow rapporteur)

27 Nov 2023 · Revision of the Victims' Rights Directive

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur) and Border Violence Monitoring Network

16 Nov 2023 · Screening Regulation (staff level)

Meeting with Erik Marquardt (Member of the European Parliament, Shadow rapporteur) and Save the Children Europe and

15 Nov 2023 · CEAS and APR

Response to Integrated child protection systems

19 Oct 2023

An integrated child protection system places the child at the systems center. However, few child protection systems adequately prevent or assist migrant children - especially undocumented children and children at risk of becoming undocumented. One important cause is the fact that few child protection actors have the childs residence status on their radar, while the childs status may be a driver behind the harm they experience. All children with an irregular or insecure residence status risk harm, including violence and abuse, because of their residence status. They are also exposed to complex forms of violence, including psychological, physical violence, sexual violence, forced removal, detention, psychological violence, racism and discrimination, neglect and deprivation from basic needs. In our submission attached, we highlight four additional contextual elements that impede the protection from harm and access to support and justice experienced by migrant children, including undocumented children: (i) some children are highly mobile. This is especially the case for unaccompanied children, who can undertake highly complex trajectories after their arrival in Europe. (ii) Migration law and policies do not usually include sufficient child rights safeguards and continue to prioritize enforcement over protection. (iii) Linked to this, is the harm done to children by government officials, like border guards, police and even other professionals, which explains why migrant children victims of crime or abuse are very likely to distrust government personnel who do take their child protection mission seriously. A last factor (iv) is the complexity of the migration systems that children and their caretakes, families and protection specialists must navigate (incl. understanding the different residence permits available). Because of the specific vulnerabilities of children in migration, and especially undocumented children and children at risk of becoming undocumented, we recommend that any policy affecting (integrated) child protection systems explicitly strengthens the following principles: Presumption of minority and benefit of the doubt (cfr., a childs age) Children first and foremost Finding a durable solution as a keystone to the childs protection Trauma-informed care and support Accessibility and presence in areas of concern Knowledgeable staff, access to information, administrative support, and legal aid The best interests of the child as a guiding principle and an objective Each of these is explained in more detail in the briefing attached. The briefing "Key aspects of child protection systems that help protect all children from harm" is also available on https://picum.org/wp-content/uploads/2023/10/PICUM-Submission-on-integration-child-protection-systems.pdf
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Meeting with María Soraya Rodríguez Ramos (Member of the European Parliament, Rapporteur)

18 Oct 2023 · Revision of the Victims Rights Directive

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur) and Save the Children Europe and

12 Oct 2023 · New Pact on Migration and Asylum

Meeting with Tineke Strik (Member of the European Parliament, Rapporteur)

2 Oct 2023 · Return Directive

Meeting with Malin Björk (Member of the European Parliament, Shadow rapporteur)

28 Sept 2023 · Violence against women and domestic violence

PICUM Demands Stronger Privacy Protections for Undocumented Crime Victims

26 Sept 2023
Topic — The consultation concerns revising EU legislation to strengthen rights for crime victims.
Message — PICUM requests a permanent ban on sharing victims' data with migration authorities. They call for improved crime reporting mechanisms within immigration detention facilities. The group also recommends issuing residence permits to victims to ensure justice.123
Why — This protects undocumented individuals from deportation when they seek legal help after crimes.4
Impact — Migration authorities would lose access to police data for enforcing return and deportation.5
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Meeting with Frances Fitzgerald (Member of the European Parliament, Rapporteur) and Amnesty International Limited and

14 Sept 2023 · Directive on combating violence against women and domestic violence

Meeting with Tineke Strik (Member of the European Parliament, Shadow rapporteur)

31 Aug 2023 · Single Permit Directive

Meeting with Tineke Strik (Member of the European Parliament)

20 Jul 2023 · Asylum and Migration Pact

Response to Implementation of the EU anti-racism action plan

1 Jun 2023

As the former UN Special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Tendayi Achiume has underscored, ethno-nationalism is an important driver and manifestation of racial discrimination in citizenship, nationality and immigration laws, policies and practices. The Platform for International Cooperation on Undocumented Migrants therefore welcomes the opportunity to provide input to the European Commissions call for evidence on EU anti-racism action plan (implementation). We first call attention to the absence of an adequate examination by the EUs Anti-Racism Action Plan in addressing racial discrimination, violence and exclusion in the context of EU migration policy. The Anti-Racism Action Plan does not reflect how racism is manifested in EU migration policy or its negative impact on racialised people. Instead, within days of announcing its new Anti-Racism Action Plan in September 2020, the European Commission released a New Pact on Migration and Asylum which focuses on restricting access to Europe, increased immigration enforcement measures (deportations and detention), containment and de fact detention (hotspots), increased data processing and use of technology for increased surveillance and profiling. From the outset, this has raised doubts about the EUs commitment to combat racial discrimination. Secondly, in view of these shortcomings, the submission critically reflects on the implementation of the Anti-Racism Action Plan from the perspective of undocumented migrants. In particular, PICUM provides feedback on three of legal and policy frameworks (Racial Equality Directive, proposal for a regulation on Artificial Intelligence and the Child Guarantee) and two EU tools (mainstreaming and EU funding) addressed by the Anti-Racism Action Plan. From the analysis, PICUM recommends the European Commission to: - Renew the Anti-Racism Action Plan beyond 2025, and commit to specific actions to address the link between structural racism, violence and migration, including in the EUs asylum and migration policy; - Strengthen the implementation of the Anti-Racism Action Plan by: o Ensuring adequate mainstreaming of the EUs anti-discrimination obligations under the EU Charter of Fundamental Rights and the Racial Equality Directive throughout all EU policies, legislations and funding, in particular the field of migration, technology, social policies; o Calling on Member States to use European Commissions toolkit on the use of EU funds for the integration of people with a migrant background; o Proposing a recast of the Racial Equality Directive 2000/43/EC that addresses discrimination based on nationality and that applies to law enforcement, immigration and border authorities; o Continuing to call on the Council to adopt the 2008 proposal to implement equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; o Ensuring that EU-funded actions are line with fundamental rights and anti-discrimination obligations, and ensure Member States compliance with the participation principle to ensure that migrant rights organisations and people directly affected by migration enforcement policies (migrants and racialised people) can participate meaningfully in decision-making related to spending of EU resources. Our detailed submission is enclosed.
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Meeting with Eugenia Rodríguez Palop (Member of the European Parliament, Rapporteur) and International La Strada Association

17 May 2023 · Trafficking

Meeting with Juan Fernando López Aguilar (Member of the European Parliament, Shadow rapporteur)

13 Apr 2023 · Trafficking

PICUM urges EU to protect undocumented human trafficking victims

21 Mar 2023
Topic — A consultation on modernising EU rules to prevent and combat human trafficking.
Message — PICUM calls for unconditional support and residence permits for victims regardless of their migration status. They oppose the mandatory criminalisation of those who use services of trafficked persons.12
Why — This would advance their mission by preventing the deportation of undocumented victims.34
Impact — Immigration authorities would lose access to victim data used for enforcement actions.5
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Response to EU Talent Pool

16 Mar 2023

The Platform for International Cooperation on Undocumented Migrants (PICUM) is a network of 164 organisations working to ensure fundamental rights and social justice for undocumented people in 31 countries, primarily based in Europe. PICUM acknowledges the Commissions initiative to create a platform to facilitate labour migration to the EU. Whichever policy option the Commission is considering to employ, it is essential that the creation of a Talent Pool will reduce the administrative burden of potential workers, promote ethical recruitment, and include diverse stakeholders (including civil society organisations) in its development. Please find PICUM's recommendations and full submission in the attached document.
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Meeting with Tineke Strik (Member of the European Parliament, Shadow rapporteur)

15 Mar 2023 · Screening Regulation

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur)

22 Feb 2023 · Screening Regulation (Staff-level)

PICUM Urges Mental Health Protections for Undocumented Migrants

14 Feb 2023
Topic — This consultation addresses the development of a comprehensive EU approach to mental health.
Message — PICUM demands universal mental health care access for undocumented migrants regardless of their legal status. They call for "firewalls" so that seeking medical help never leads to deportation or immigration penalties. They also advocate ending immigration detention due to its severe negative mental health impacts.123
Why — This would improve the well-being of undocumented migrants and support broader public health goals.4
Impact — National immigration departments would lose the ability to track migrants through health service databases.5
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Meeting with Gosia Pearson (Cabinet of Commissioner Ylva Johansson), Morella Siemers (Cabinet of Commissioner Ylva Johansson)

2 Dec 2022 · Trafficking in Human Beings Labour Migration

Response to Effectively banning products produced, extracted or harvested with forced labour

29 Nov 2022

Migrant workers are at particular risk of violations of workers rights and forced labour across the world. In the European Union, undocumented migrant workers and those with precarious migration status make up a significant proportion of the workforce in several sectors, including those particularly prone to labour exploitation: building and construction; cleaning, domestic and care work; transport and delivery; fishing, agriculture and food processing, and hospitality. Migrant workers should thus be direct beneficiaries of any action to address forced labour in the EU. In mid-September the European Commission proposed a regulation to ban products made from forced labour, within and outside the union. But, despite the good intentions, the proposal does little or nothing to address the realities around forced labour or the needs of workers themselves. Labour exploitation, forced labour and human trafficking are complex socio-economic issues, which call for a diverse range of measures. A product ban has the potential to be one such measure, in that it introduces financial and market consequences for exploitation. But it can be effective only if it can compel better implementation of legislation on workers rights, forced labour and trafficking by companies and state authoritiesand, then, only if it can provide leverage for workers to negotiate better conditions, and gain access to justice if those conditions do not improve. Indeed, without adequate engagement withand safeguards forworkers, such a measure risks not only ineffectiveveness but unintentionally harming the very workers who are at risk of, or experiencing, forced labour. Yet in the commissions proposal workers are remarkably absent. Despite inputs from civil-society organisations, there is not one measure directed at engaging with or supporting affected workers to secure rights and remedies. In particular, the legal criminal framework to address trafficking inhuman beings fails at providing support to migrant workers when they are undocumented. Please see further information in the attached document.
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Meeting with Tineke Strik (Member of the European Parliament)

19 Oct 2022 · migrant rights

Response to Evaluation of the European Border and Coast Guard Regulation and review of the standing corps of Frontex

30 Sept 2022

PICUM welcomes this opportunity to provide feedback on Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard (EBCG Regulation). At the same time, we regret the short and difficult time period during which this call for evidence remained open, which we believe hindered the participation of many other stakeholders. As a member of Frontex Consultative Forum between 2012 and 2019, PICUM witnessed with concern the expansion of this Agency, the increased reports of fundamental rights violations, and the limited and inadequate accountability mechanisms. Our submission, which is available in attachment, highlights different areas in which Frontex’s operations have led or contributed to serious fundamental rights violations. Due to the increase in human rights violations and other ethical questions associated with Frontex in recent years, we recommend a decrease in the scope of the mandate of the agency as well as a sharp decrease in budget. In addition, we recommend a number of ad interim measures aimed at increasing accountability and preventing fundamental rights violations. In PICUM’s view, the recommendations below do not require a legislative reform of the EBCG Regulation, but rather a better implementation of the existing legal framework.
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Meeting with Morella Siemers (Cabinet of Commissioner Ylva Johansson)

25 Aug 2022 · Skills and Talent package and the fight against forced labour.

Response to Effectively banning products produced, extracted or harvested with forced labour

20 Jun 2022

Migrant workers in the EU are at particular risk of labour rights violations and forced labour. People with dependent or irregular status face particular risks of labour rights violations, that may amount to or turn into forced labour, through a combination of factors such as wage theft, excessive working hours, debt accumulation, document confiscation, threats, dependence on the employer for housing and residence status, physical and sexual violence and restricted mobility. Therefore, migrant workers are a key stakeholder and potential beneficiary of the action. PICUM welcomes further EU action to address labour exploitation and forced labour in the EU. A mechanism to prevent market placement and recall products that have used forced labour could be a key tool to compel better implementation of existing legislation on labour rights, forced labour and trafficking by companies and member state authorities. However, several considerations and safeguards will be paramount to the action having meaningful impact in addressing forced labour in the EU in practice. Indeed, the action poses risks of unintended consequences which must be mitigated to address forced labour in the EU. 1. Migrant workers and their representatives must be meaningfully consulted and involved at each stage of the policy design, implementation and evaluation processes. 2. The action should focus on improving conditions and access to remedy for all workers, including when undocumented. - The enforcement framework must include safeguards that personal data of workers gathered through inspections, complaints or other engagement with authorities related to the implementation of this action will not be used for immigration enforcement purposes. Third parties with legitimate interest (NGOs, trade unions) should also be able to file complaints. - The action should implement a model of worker-driven social responsibility, which uses the potential product ban as leverage to ensure remedial measures and improved conditions for workers. - The action should centre access to remedy for workers, including specific measures to mitigate, and provide remedy for, the negative impacts of any product ban on workers, developed through engagement with impacted workers and representative stakeholders. Please see further information in the attached document.
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PICUM Demands Residence Protections for Undocumented Violence Victims

17 May 2022
Topic — The European Commission is proposing legislation to combat gender-based and domestic violence.
Message — PICUM demands safeguards preventing residence data transfer to immigration enforcement agencies. They also advocate for independent residence permits for undocumented victims of violence.12
Why — Undocumented women would gain the ability to report crimes without deportation risks.3
Impact — Abusive partners lose the legal leverage used to control undocumented victims.4
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Meeting with Maria-Manuel Leitão-Marques (Member of the European Parliament) and European Digital Rights and Access Now Europe

11 May 2022 · AI Act

Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur)

19 Apr 2022 · Ensuring rights and protection beyond asylum in the EU

Meeting with Lena Düpont (Member of the European Parliament, Shadow rapporteur) and Caritas Europa and

19 Apr 2022 · Asylum and Migration

Meeting with Helena Dalli (Commissioner) and Amnesty International Limited and

6 Apr 2022 · Cabinet Dalli invited Civil Society Organisations (CSOs) to discuss concerns equality and non-discrimination CSOs are raising regarding the situation of people fleeing from the Ukraine

Response to Proposal for a Council Recommendation on long-term care

29 Mar 2022

People who have non-EU nationality living in the EU must be fully considered and included in every part of the EU’s care strategy. The availability, accessibility, affordability and quality of health, social and long-term care, as well as early childhood education and care, are essential for all, and especially those who, as non-nationals with various statuses living in the EU, may face particular barriers in accessing care, intersectional discrimination, marginalisation and in-work poverty. The COVID-19 pandemic both reinforced the essential role of the care sector and exacerbated the precarity of migrant carers. Appropriate and effective measures are urgently needed. The forthcoming European Care Strategy should: - Recognise the essential role and contributions of both intra-EU mobile workers and non-EU migrant workers, including undocumented workers, in providing care in the European Union. - Recognise that in many cases this care is being provided undeclared or under-declared, in exploitative conditions, impacting on the rights and well-being of workers and their families. This also impacts on care service users, and contributes to unfair and unsustainable social protection systems. Decent work should be integral to definitions and priorities around sustainable and quality care systems. - Commit and set concrete actions to promote decent work for all care workers, regardless of their migration or residence status, including through targeted measures. - Commit and set concrete actions to ensure that all people living in the EU have access to quality services on the basis of need, regardless of their migration or residence status. - Recognise and support informal carers, including young carers, regardless of their migration or residence status. - Meaningfully involve representatives of care workers, including migrant carers - as well as those in need of care - in the development, monitoring and evaluation of care policy-making and reform, and encourage member states to do likewise. - Encourage member states to evaluate the impacts of policies - in particular in the areas of employment, education, health and migration - on people in need of care, families, care workers and informal and formal care service provision, including through gender impact assessments. - Encourage the use of both EU and national funds, in particular ESF+ and the Child Guarantee national action plans, to improve access, affordability and quality of care services for marginalised and disadvantaged people and families, including mobile EU and non-EU migrants. - It is important for the European Care Strategy to address both the differences and overlap between care and non-care services needed by, and provided to, people with care needs in their homes. The strategy needs to recognise the different professional and skills profiles of care workers. This should reflect the types of care that require professional qualifications, as well as the reality that in many home care arrangements, people are providing a combination of care and housework-related personal household services. Please see more details in the attached document: 'Joint recommendations for the European Care Strategy regarding migrant care providers and service users'. With a view to supporting the full inclusion of people who are non-nationals in every part of the strategy, the document is organised around key aspects that the strategy is expected to address, namely: access to care, affordability, sustainability, quality of care, workforce, and gender aspects of care. The recommendations have been developed jointly and endorsed by: Caritas Europa, EAPN, EFFE, EFFAT, EFSI, Eurocarers, ERGO, Don Bosco International, FairWork (NL), FEANTSA, LSI, Make Mothers Matter, PICUM, UNI Europa – UNICARE, SIMI (CZ), Social Platform and Red Acoge (ES). Further PICUM recommendations on ECEC are here: https://picum.org/wp-content/uploads/2022/03/2022_PICUM_ECEC-recommendations_logo.pdf
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Meeting with Lena Düpont (Member of the European Parliament, Shadow rapporteur) and Caritas Europa and

15 Mar 2022 · Asylum and Migration

Response to Emergency measures for Latvia, Lithuania and Poland

3 Feb 2022

PICUM is extremely concerned by the impact on the rule of law in the EU as well as on migrants’ fundamental rights of the Commission’s proposal for a Council Decision establishing provisional measures for the benefit of Latvia, Lithuania and Poland. We are alarmed by the procedure through which this file has been proposed, as well as the contents of the proposal. Procedural aspects: The proposal bypasses democratic procedures by repackaging, with even lower safeguards, several of the measures which are currently being discussed by EU institutions within the context of the EU Pact on Migration and Asylum. According to the European Parliament’s Horizontal substitute impact assessment as well as civil society actors across the EU, these proposed measures would have a detrimental impact on fundamental rights. In particular, the Council Decision imposes mandatory 16 weeks border procedures, which would also apply to all children of any age, and to people in situations of vulnerability. The Commission itself consistently argued until 2016 that border procedures imply detention. Currently, the European Parliament and the Council are discussing similar proposals in the context of the Asylum Procedures Regulation, and have not yet reached an agreement nor an internal position. Therefore, if similar proposals are adopted unilaterally by the Council, this would circumvent the role of the European Parliament and undermine the respect of democratic principles in the EU. Furthermore, while we welcome the opportunity to provide this feedback, we also regret the lack of a consultation procedure before the proposal was adopted. Substantive matters: Several of the measures proposed by the Commission derogate from internationally recognized standards, including on children’s rights (e.g. the prohibition of child detention for migration-related purposes), on procedural safeguards and by imposing a blanket detention order for up to 16 weeks for everyone crossing the borders irregularly. Furthermore, this proposal, together with the Commission proposal for a Regulation addressing the situation of instrumentalisation in migration and asylum, undermines the objective of legal clarity and legal certainty as it further multiplies the procedures to which undocumented people might be submitted. As an example, with these new proposals, there will be now seven different return procedures which might apply in border situations: the emergency return procedure; Art. 2(2) of the 2008 Return Directive; the return procedure under the 2008 Return Directive; Art. 22 of the Recast Return Directive; Art. 41a of the Asylum Procedure Regulation; the return procedure in situations of crisis (regulated by the proposed Crisis Instrument); and refusal of entry under the Schengen Border Code. Lastly, the proposal builds on a crisis-based rhetoric which portrays migrants as a threat. Such a narrative increases xenophobia and is likely to further fuel attacks against civil society acting in solidarity with migrants at the borders with Belarus. Currently, several volunteers, including doctors and journalists, have already been criminalised for helping people at the Polish and Lithuanian borders (e.g. https://www.reuters.com/world/europe/locals-helping-migrants-poland-belarus-border-fear-backlash-2021-11-15/; https://www.lrt.lt/en/news-in-english/19/1572055/msf-among-volunteers-fined-for-helping-migrant-on-lithuania-belarus-border). Overall, this proposal sets a dangerous precedent both for the respect of the rule of law and democratic processes in the EU. It subordinates the respect of children and migrants’ rights to political interests. We therefore recommend withdrawing this proposal.
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Meeting with Alexandra Cupsan-Catalin (Cabinet of Commissioner Ylva Johansson) and EUROPEAN TRADE UNION CONFEDERATION

10 Dec 2021 · Skills and Talent package & revision of the Single Permit Directive

Response to EU Action Plan against migrant smuggling (2021-2025)

25 Mar 2021

Research by ReSOMA (2019) found that, between 2015 and 2019, 171 human rights defenders were investigated or convicted on grounds related to the EU Facilitation Directive. This includes volunteers, NGOs, migrants’ family members, journalists, criminalised for acts such as saving lives at sea and providing shelter or food to people in need. This is because the Directive fails to provide legal certainty on the definition of migrant smuggling and is therefore applied by member states to prosecute activities, often carried out on humanitarian grounds, in which there is no link with transnational organised crime. To address this issue, the Action Plan 2015-2020 included a commitment by the Commission to make a proposal in 2016 to “improve the existing EU legal framework […] avoiding risks of criminalisation of those who provide humanitarian assistance to migrants in distress”. However, this was not upheld. As a consequence, hundreds of people are still criminalised on trumped-up charges of migrant smuggling. This also includes migrants, their family members and friends, with devastating consequences on their future opportunities including, often, the unjust exclusion from the right to apply for international protection. Smuggling legislation which does not explicitly exclude normal interactions and transactions with irregular migrants, without undue financial profit, also drastically impacts on access to fundamental rights. For example, renting accommodation to irregular migrants is considered a criminal offence in some EU member states (FRA, 2014) or might be considered a form of migrant smuggling. While migrants already face discrimination in the housing market, such provisions - or the fear of them - relegate people, including families with children, to precarious, over-crowded and unsuitable housing, often at exploitative rent prices, and increase risks of eviction, abuse and theft of rent and deposits. There is also a risk that restrictive policies create situations in which rights violations are more likely to occur. State policies that increase border control and surveillance, and reduce opportunities for safe and regular migration, have created a market for irregular migration, due to increased reliance on smugglers and more dangerous and expensive routes. This increases risks of situations of debt bondage, forced labour and trafficking, as well as endangering lives. One indicator of an unintended consequence of anti-smuggling policies is the number of deaths of people who cross borders irregularly. Due to the frequent conflation, inconsistent and discriminatory application of laws criminalising human trafficking, smuggling and aspects of sex work, migrant sex workers who organise themselves, and those providing accommodation to sex workers, also risk prosecution for trafficking or smuggling as well as pimping and brothel-keeping. This denies migrant sex workers their right to organise collectively, vital support and safety practices, and exposes them to evictions, homelessness and further abuse (e.g. PICUM, 2019,2020). PICUM recommends: 1. Narrowing the interpretation of the crime of migrant smuggling in line with the UN Migrant Smuggling protocol and fundamental rights, by limiting it to acts carried out to obtain unjust profit and in connection with transnational organised crime. The interpretation of the crime of migrant smuggling should ensure fundamental rights of undocumented migrants including access to housing, services and collective organising. 2. Collecting and publishing evidence-based, disaggregated data on the implementation of the EU Facilitation Directive and the number of investigations and convictions on migrant smuggling-related grounds. 3. Refocus efforts to reduce irregular migration from measures which are primarily focused on border control and criminalisation towards promoting good practice at national level around regular pathways and regularisation that promote decent work and social inclusion
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PICUM urges deletion of EU return sponsorship scheme

22 Mar 2021
Topic — The consultation addresses a proposed regulation on managing migration and asylum procedures across the European Union.
Message — PICUM recommends deleting the return sponsorship scheme to prevent human rights violations and legal accountability gaps. They also demand equal safeguards and protection for all migrant children, regardless of family status.12
Why — Success here would prevent the systematic expansion of migrant detention and legal loopholes.34
Impact — Undocumented families and people of color face higher risks of detention and discriminatory profiling.56
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PICUM warns EU migration pact risks mass detention of children

22 Mar 2021
Topic — EU consultation on legislative proposals for a new migration and asylum management framework.
Message — PICUM requests the exclusion of all children from border procedures to prevent detention. They demand the deletion of articles extending asylum timelines and call for greater parliamentary oversight.123
Why — These changes would strengthen PICUM’s ability to prevent human rights violations against undocumented migrants.4
Impact — Member State governments lose the ability to use prolonged detention as a migration deterrent.5
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Meeting with Ylva Johansson (Commissioner) and

2 Mar 2021 · Consultation with the members of the Expert Group on the views of migrants regarding the Talent Partnerships

Meeting with Lena Düpont (Member of the European Parliament, Shadow rapporteur) and Caritas Europa and International Federation of Red Cross and Red Crescent Societies

23 Feb 2021 · return directives and migration

PICUM warns EU migration pact risks mass detention and profiling

26 Jan 2021
Topic — The consultation addresses new EU rules for border screening, asylum procedures, and migrant returns.
Message — PICUM calls for ending automatic detention and ensuring access to legal aid and health checks. They urge the Commission to grant NGOs access to border areas and protect regularization pathways. They also demand that screening procedures not be applied to people already residing in Europe.123
Why — These changes would protect undocumented migrants from arbitrary detention and preserve pathways to legal residency.45
Impact — National authorities would lose the ability to prioritize deportation speed over individual human rights safeguards.6
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Response to Preventing and combatting gender-based violence

13 Jan 2021

PICUM is a network of 167 organisations that has worked for nearly twenty years to advance the rights and improve the situation of people who are undocumented across a variety of areas, including access to health care, access to justice, the rights of undocumented workers, labour migration, the rights of children, families and youth, as well as fundamental rights in the context of immigration detention and return. We appreciate the opportunity to provide input on the EU’s Gender-based and domestic violence initiative. Kindly find attached our submission.
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Response to Sustainable Voluntary Return and Reintegration Strategy

7 Jan 2021

PICUM welcomes the European Union commitment to prioritise voluntary over forced returns, and recommends that the Voluntary Return and Reintegration Strategy includes the following elements: 1. As regards terminology, it is key to reflect the difference between voluntary return, which is “when people make a free choice to return to their country of origin” (ECRE, 2018 “Voluntary departure and return”) and voluntary departures, which is the “compliance with the obligation to return within the time-limit fixed for that purpose in the return decision” (EU Return Directive, art. 3). 2. In order to “increase uptake of voluntary returns”, it is essential to ensure that people have access to voluntary departure. Provisions excluding groups of people from the possibility to access voluntary returns on the basis of broad criteria such as those proposed by the 2018 EU Return Directive proposal (Recital 13 & Article 9) contradict the aim of promoting voluntary returns. Furthermore, people need time to mentally and practically prepare their return. This should be adequately reflected in provisions establishing sufficient time to depart voluntarily of at least one month. 3. The objectives of the strategy include “shaping returns to respond to the needs of the individual” and “fostering sustainability of returns”. In order to ensure that return procedures are sustainable and respond to the needs of the individuals, the EU should promote policies that allow people to explore all different options of case resolution, including voluntary return, pathways for regular status and moving to a third country. For some people return might not be the best option. In some cases, returns are not only undesirable, but unfeasible, including for practical reasons or risks of human rights violations (e.g. the prohibition of ill-treatment and torture, the right to respect for private and family life and the best interests of the child). Fair return procedures should ensure that people are granted the possibility to explore whether different pathways to case resolution can be applied and that people who cannot be returned have access to a residence status. 4. Pre-return counselling is listed among the activities that can be delivered as return and reintegration assistance. As mentioned in point 3, such counselling should be aimed at exploring different pathways for case resolution, including voluntary returns. To this end, provision of information, legal support and counselling have proven key to lead to very high rates of case resolution among participants, including high rates of voluntary returns. Case management, a social work approach to migration management centred on migrants’ engagement with migration procedures, has delivered very positive results in a number of countries. The Strategy should encourage Member States to develop case-management based pilot projects adapted to their national context. For further information on how case management works and how it has been implemented in the European Union, please see PICUM’s briefing "Implementing case management ATD in Europe", in attachment. 5. When children are involved, a best interests procedure should be carried out in order to identify a durable solution that protects the long-term best interests and welfare of the child and is sustainable and secure from that perspective. If return is found to be in the best interests of the child, it must be implemented through voluntary departure with reintegration assistance. Essential measures at this stage include: support and counselling; timing and other aspects of return as consensual as possible (with plenty of time to prepare and ensuring uninterrupted access to education); assistance and cooperation with relevant actors to ensure the conditions for return as a durable solution in the best interests of the child are met. For further information see: PICUM et al (2019) “Guidance to respect children’s rights in return policies and practices”.
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Response to Single permit for third-country nationals to reside and work in the EU

18 Dec 2020

The objectives of the Single Permit Directive (SPD) are extremely important; the initiative to develop guidelines or revise the SPD to better meet these objectives is welcome. PICUM reaffirms the relevance of clarifying and enlarging the scope, further simplifying the procedure, and better application of equal treatment and protection against exploitation. Some additional points for consideration at this stage, in relation to the policy options set out in the roadmap, are provided below. 1. Single-employer tied permits As indicated in the roadmap, permits which are linked to a single employment relationship lead to dependency and exploitation and pull people into irregularity. It should always be possible for a worker to change employer, including the type of job and sector, and have a reasonable period of time of unemployment/ job search. The SPD should be revised to require this. As this issue is linked to the implementation of combined residence and work permits, and how regulations provide for continued validity of permits in relation to the person’s employment, it could fall within Option 2. 2. Enforcing equal treatment/ protection against exploitation Enforcement of equal treatment provisions and protection against exploitation should be carried out through making general labour inspection and complaints mechanisms more accessible and effective for all migrant workers. No new inspection or sanction mechanism is needed. It would strengthen the legal framework if the SPD would also require member states to ensure labour inspection and complaints mechanisms are accessible and effective for all migrant workers, regardless of status. One essential feature is that they are confidential and protect workers from employer retaliation and negative repercussions regarding their residence status. As this is consistent with existing ILO, Council of Europe and EU legal provisions and recommendations, it could fall with Option 2. 3. Other revisions to the procedure that would protect against exploitation The SPD allows for applications to be made by employers, by workers, or either. When workers have greater ownership over application procedures, it reduces risks of misinformation, deception, dependency and exploitation. The SPD should be revised to require member states to enable workers to make applications. The SPD allows for in-country applications by regularly residing third-country nationals where provided for by national law. In-country applications are an important tool to enable job and skill matching and change of employer, and reduce risks of exploitation and undeclared work. Even if permits allow workers to change employers, it is not always possible, and means people lose status due to exploitation and job loss. The SPD should be revised to require in-country applications, regardless of residence status. In each of these cases, it would be preferable for legal clarity that these issues are addressed through legislative reform, and it would seem they could fall under Option 2. Nonetheless, if the SPD is not revised, they should be addressed by guidelines (Option 1). PICUM would also be very interested to discuss how the SPD could also address admission rules for workers not covered by existing EU legislation (Option 3). Attached a document with our recommendations for all labour migration policies, relevant in this regard.
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Response to European Child Guarantee

7 Oct 2020

PICUM welcomes the commitment and progress of the European Commission towards the development of the Child Guarantee and the consideration of children with a migration background as a category of children in need. It also welcomes the Feasibility Study for a Child Guarantee with the Target Group Discussion Paper on Children with a Migrant Background (2019) which rightly states that ‘children in migration’ includes children with various immigration statuses. PICUM would like to emphasize that due measures and precautions need to be ensured to protect children with an irregular status from being subject to poverty and distress. The COVID-19 pandemic has further aggravated the living conditions for persons with an irregular status (see attachment). Many undocumented parents working in the informal economy lost their jobs due to the pandemic, and had no additional source of income or support. Government initiatives to help the unemployed due to Covid-19 have been restricted to citizens or those with regular migration status. Undocumented migrants thus have had to rely on communities to provide a safety net - yet many civil society organisations have faced additional burdens to meet the needs of the many undocumented who increasingly ask for their support. For undocumented children and families in situations of acute vulnerability, such as those who are homeless, living in encampments, reception centres, or in immigration detention, the risk of infection is great because of proximity and poor living conditions. PICUM therefore suggests that the Child Guarantee will address the following issues: 1. Access to care and services for undocumented children The Child Guarantee should enable access to social services and care facilities irrespective of a child’s residence status. As a substantial part of the ecosystem children live in, families should also be engaged and informed of the programs children are part of, to ensure children’s participation. Furthermore, firewalls should be put in place to ensure that personal details of undocumented children and families that are shared with care providers or social institutions are not used for other purposes, such as migration law enforcement. 2. Access to care and services for undocumented children ageing out National programs should support the transition of undocumented children into adulthood, guaranteeing access to basic needs such as healthcare, housing and education, including non-compulsory education and access to traineeships and vocational education. Such programs can ensure that undocumented children reaching the age of 18 will not become subject to poverty and social exclusion and preserve access to equal opportunities and wellbeing, as the Child Guarantee aims to provide. 3. Inclusion of undocumented children in decision-making whenever it concerns them Any decision-making that will affect an undocumented child’s life should be taken with their best interests as the sole objective. Views of the child should be heard and duly considered throughout this process. A child’s irregular status should not obstruct access to this right. 4. Children as independent right-holders, also when it concerns their residence right This right provided under Article 24 of the Charter of Fundamental Rights of the EU should not jeopardize the child’s right to family life. 5. Non-detention of undocumented children As part of the EU’s commitment to de-institutionalize children in Europe and find suitable accommodation and care in communities, migrant children should be prioritized in finding alternatives to immigration detention (see https://www.atdnetwork.org/). No EU funding should contribute to detaining children for immigration purposes. Funding should instead be directed to developing and implementing community based alternatives to detention which would enable children and their families to have uninterrupted access to social care and services while working on their case resolution.
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PICUM calls for human rights focus in EU migration pact

18 Aug 2020
Topic — The EU is establishing a comprehensive and sustainable framework for migration management.
Message — PICUM wants the EU to expand regular migration pathways for work and family. They advocate for residence permits for undocumented people and alternatives to detention. The organization also demands protection for individuals providing humanitarian assistance to migrants.123
Why — Their constituents would receive legal status and access to essential public services.4
Impact — Border authorities would lose the ability to automatically detain people entering without documents.5
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Meeting with Ylva Johansson (Commissioner) and

5 May 2020 · Migrants’ challenges in the current COVID-19 crisis and their contribution to economic recovery

Meeting with Ylva Johansson (Commissioner) and

14 Feb 2020 · Consultations on the New Pact on Migrations

Meeting with Vasiliki Kokkori (Cabinet of Commissioner Marianne Thyssen) and Eurodiaconia

4 Jul 2017 · Social exclusion of undocumented migrants

Meeting with Dimitris Avramopoulos (Commissioner) and Amnesty International Limited and

8 Mar 2017 · Migration

Meeting with Frans Timmermans (First Vice-President) and

26 Jan 2017 · Protection of fundamental rights and rule of law

Meeting with Věra Jourová (Commissioner) and

18 Oct 2016 · CHildren in migration

Meeting with Frans Timmermans (First Vice-President)

17 Feb 2016 · Roundtable Fundamental Rights

Meeting with Frans Timmermans (First Vice-President) and Amnesty International Limited and

5 May 2015 · Upcoming migration agenda