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Speaking with FRANCE 24's Sharon Gaffney, Nando Sigona, Professor of International Migration and Forced Displacement at the University of Birmingham, explains that Spain's decision to regularise more than half a million illegal migrants is a "pragmatic choice" but stresses that the registering process should be secured to avoid the "weaponisation" seen in the US, where DACA data was used against migrants once President Donald Trump came to power.

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Transcript
00:00This is Apropos.
00:04At a time of rising anti-migrant sentiment and rhetoric across much of Europe,
00:09one country stands out for bucking the trend.
00:12The Spanish Prime Minister has announced plans to grant legal status
00:15to half a million undocumented migrants and asylum seekers.
00:19The government says it will provide residency and work permits to all foreigners
00:23who arrived in the country before the end of December,
00:26as long as they've lived in Spain for at least five months and have no criminal record.
00:31With the details, here's James at Vazina.
00:35It's a move that goes against the current tide.
00:38As countries across Europe adopt tougher speech and stances on immigration,
00:43Spain has chosen another path.
00:46Between April and June, an estimated 500,000 to over 800,000 undocumented workers
00:51and asylum seekers who've spent at least five months in the country
00:55will be able to apply for residency.
00:58One of the essential requirements is not having a criminal record.
01:04Individuals participating in this process who meet the requirements
01:07will be able to obtain a legal residence permit in Spain
01:10with an initial validity of one year.
01:14After this period, they can transition to statuses provided in current regulations
01:19allowing for full and progressive integration into the system.
01:22Their children will be given a five-year permit.
01:28These decisions were adopted via a royal decree bypassing parliament
01:31in order to integrate the mostly Latin American and North African workers,
01:36many of whom contribute to the country's agricultural, tourism and service sectors,
01:41the backbone of Spain's booming economy.
01:45Spain's economy grew by 2.8% last year.
01:48That's almost double of that of the entire Eurozone.
01:51And Prime Minister Pedro Sanchez says that immigrants are key to sustaining the workforce.
01:57But the plan has attracted criticism from opposing parties,
02:01with the Conservative Popular Party saying that the move will attract more migrants.
02:05Even Tesla's CEO, Elon Musk, hit out at the government.
02:10And Sanchez's reply was the following.
02:13Some say we've gone too far, that we're going against the current.
02:18But I would like to ask you, when did recognising rights become something radical?
02:24When did empathy become something exceptional?
02:27Spain is above all a welcoming country.
02:30And this is the path we choose.
02:32Dignity, community and justice.
02:36This isn't the first time that Spain is implementing such a plan.
02:39In 2005, it granted amnesty to 600,000 migrants,
02:43who were able to enter the legal labour markets and pay tax on their earnings.
02:47To discuss, let's bring in Nando Sigona,
02:52Professor of International Migration and Forced Displacement at the University of Birmingham.
02:57Thanks so much for being with us on the programme.
03:00So why, as we saw in that report there,
03:03anti-immigration policies sweeping across an awful lot of Europe.
03:07So why then is Spain moving in a different direction
03:10or going against the current, as the Prime Minister said there?
03:13The economy of Spain at the moment is particularly strong.
03:18Spain is also, as is one of the few sort of liberal central-left government in Europe at the moment,
03:26has also taken a very critical position against Donald Trump,
03:29that in a way is fronting the anti-migration group across the West.
03:35They also have actually the example of the 2005 regularisation,
03:40that they have data that show that the regularisation of 500,000 people
03:47actually contributed to the economy.
03:49There is no evidence that the migrants that were regularised
03:52would be a weight on the welfare state.
03:55And actually, the important thing is that if you allow people to regularise their position,
04:00this actually create opportunities and also enable actually a more social control
04:05rather than pushing people in the underground.
04:09So when Pedro Sanchez refers there to empathy then,
04:12is it as clear-cut as that?
04:14Is this all about recognising rights as the Prime Minister is putting it?
04:18Cynics might say he's also trying to stand out from the crowd,
04:21from the opposition and trying to appeal to voters as well.
04:26I think it's also a very pragmatic choice.
04:28The thing that often we don't understand is that irregular migration is the product,
04:34almost the dark side of migration rules.
04:37You can change the rules and irregular migration changes.
04:40Just to give you an example,
04:42the largest group of undocumented migrants in Europe
04:44before the accession to Central and Eastern European countries
04:48were Romanian and Bulgarian in most Western European countries.
04:52When the country became part of the European Union,
04:55they became EU citizens.
04:55And from one day to another, those irregular migrants disappeared.
05:00So this is important.
05:01The way we approach migration and the rules that we create
05:05are what actually created conditions for people to be pushed into irregularity very often.
05:11And this is actually what Spain is doing,
05:13showing that another path is possible.
05:16And it's not the only country in Europe.
05:17Many European countries have experience of regularisation.
05:21Just to give an example, Italy just in 2020 issued a regularisation
05:25that was expected to regularise up to 800,000.
05:28In the end, it was less than 300,000 people.
05:31The Netherlands has an ongoing regularisation scheme at the moment.
05:35What is really striking is the fact that it has come out so publicly about it.
05:40It has been so sort of defending it in public.
05:42Also with this interview in English,
05:43it's really telling that it's trying to send out a message to the rest of the world.
05:47Yeah.
05:48And why exactly is he doing it now then?
05:52He's doing it now because a lot of party neurons are moving in a different direction.
05:57Partly because we are seeing the beginning of a resistance to the model
06:02that Trump is imposing on the US, the resistance to ICE, for example.
06:06So it's a good moment to show that there is a different way of doing it.
06:09If I look from the British perspective,
06:11it's interesting that in the last few months,
06:13there has been a very strong increase in immigration enforcement
06:16against undocumented migrants in the country.
06:19Then suddenly now, after what is happening in the US,
06:22they have gone much more quiet in terms of publicly supporting that kind of approach.
06:28One other reason for this is that by pushing so much enforcement removal,
06:35first, we don't address the issues because it's actually impossible
06:38to remove all the undocumented migrants because, in a way,
06:41the legislation always produces new ones in different ways.
06:44But it also creates public anxiety, feeds public anxieties about migration.
06:49What Spain is trying to do, in a sense, is to detoxify the issues of migration.
06:54And you say that this is a pragmatic decision, Nando,
06:56but how is it actually going to work in practice?
06:59There's going to be a time-limited plan, we're told.
07:02Successful applicants are going to be giving a legal residence permit
07:06with just an initial validity of one year.
07:09What happens then?
07:10The point is, and this is something that other regularisation schemes
07:15have not done in the same way,
07:17is that if you allow people 12 months to find a job
07:20and that will give them the chance to start to build a path to citizenship,
07:27and then they can go through the mainstream sort of migration schemes.
07:32There are no restrictions, for example, to the kind of jobs they have to find.
07:35There is no clear yet what will be the requirement.
07:37The important thing is the only exclusion clause at the moment
07:41is the fact of having serious criminal records.
07:45In the past, for example, Italy, when they did the regularisation,
07:50they imposed very strict rules and conditions,
07:52and this meant that a lot of people that were regularised,
07:55they were unable to then find a job that would secure them in the long term.
08:00So the less rules are imposed on the regularisation,
08:04the more opportunities open for people to find their path.
08:07And with an economy that really needs migrants,
08:11a country which has got a demographic crisis ongoing,
08:13there are opportunities for people.
08:16Yeah, because how important are immigrants actually to the Spanish economy?
08:20We might think initially of the tourism sector.
08:24It's the tourism, to some extent.
08:27I mean, there is other sectors like the building sector,
08:31the construction, real estate is one that really relies.
08:33The agriculture is by far the largest one.
08:36And one of the differences with other countries like Italy and Southern Europe
08:40is that Italy has a very informal agriculture sector.
08:44So when they try to regularise migrant workers in agriculture,
08:48it was very difficult because normally migrant workers
08:51are not given regular contracts.
08:53In Spain, the sector is more regularised,
08:56more regular in a sense, in terms of economically,
08:58and this also offers more opportunity for people to find contracts
09:01that will be necessary for to extend their stay.
09:04And Nando, there is some concern among migrants in Spain
09:08that authorities are going to struggle to manage the process
09:11of going through all of these applications
09:14and doing it within that particular window
09:16that they've put in place for themselves.
09:18Is that something that you would be concerned about?
09:21Or do you think the red tape is going to be worked through
09:23and that's really something that people in Spain
09:25who might be applying for this
09:26shouldn't really have to worry too much about?
09:28I think the logistics of running a scheme like this is challenging.
09:34It's also true that this decree,
09:37it was born as a popular legislative initiative over in 2021.
09:44So they have had, in a sense,
09:45they've had time to plan its implementations.
09:48And actually, especially in the last two years,
09:50since when the proposal went through Parliament
09:54and then has been taken up through this decree.
09:56So hopefully what is happening,
09:58they're going to diversify the way people can apply.
10:00There will be a mix of applying in person and online.
10:03And the kind of requirement that people have to submit
10:06are, in a sense, less than in other regularization.
10:09So there is less of a bureaucratic burden on the applicants.
10:13So that may make the process faster.
10:15But it's challenging.
10:16The risk that I see,
10:18and also looking, for example,
10:19at the example of the DACA program in the United States.
10:24The DACA program is the federal deportation
10:27for young undocumented migrants
10:28that was introduced in 2012 by Barack Obama.
10:32It is that when people come forward,
10:34they give their own details.
10:36These details become part of the information
10:38that the state has on people.
10:41And then what we are seeing in the US
10:43is that you change the government,
10:45you have someone like Trump in power,
10:47and those data can be weaponized against people.
10:50So this is something that is at risk,
10:52and it will be important to see
10:54how the Sanchez government
10:57is trying to secure the data
10:59not used for the opposite outcome
11:03that the regularization is for.
11:06The rest of Europe will be watching closely, I'm sure.
11:08Nando, thanks so much for being with us on the program.
11:10We'll have to leave it there.
11:11That's Nando Sigona,
11:13Professor of International Migration
11:14and Forced Displacement
11:16at the University of Birmingham.
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