(C) OpenDemocracy This story was originally published by OpenDemocracy and is unaltered. . . . . . . . . . . Caught in the net: how migration became a criminal offence [1] [] Date: 2024-10 On 1 June 2019, Samyar Bani boarded a small dinghy with five other people. Looking out at the expanse of the English Channel, he said he felt afraid, but knew he had to continue. Just a few miles more and he would be in the UK. At that point, he never expected to still be journeying, still seeking safety, two years after fleeing persecution in his hometown of Shiraz, Iran. Bani and his companions had purchased the dinghy together to avoid smugglers’ fees. He hoped the boat would keep them safe as they crossed the water, because he didn’t know how to swim. It was a dangerous last step, he knew that. But, given the limits of the UK’s resettlement routes and the tightness of its visa regimes, he saw this as his best chance for reaching sanctuary. Bani hoped he’d be welcomed on the other side of the Channel, and that his request for asylum would be accepted. He had no idea that placing his hand on the tiller of the boat would land him in prison, cause him to plead his case before a jury at trial, and tie him up in an appeal process for two and a half years. He never expected to lose contact with his wife and daughter, or for them to spend three years mourning the death of their husband and father. He never expected to have his picture put online, or to be branded as a ‘dangerous people smuggler’. All of this happened to Bani because he helped to buy a boat, and helped to steer it to safety. A new normal has crept in. Over the last few decades, crossing borders without permission – sometimes called ‘irregular migration’ – has become a criminal offence in many countries. Among those prosecuted are people in search of asylum, fleeing war and persecution. These migrants and refugees, as well as solidarity actors like rescue workers, are also increasingly at risk of being labelled as ‘smugglers’ for the purposes of prosecution. Governments are widening the nets of who they consider criminal as they respond to calls from the far-right to crack down on immigration. In doing so, states justify measures which racially profile, control and contain people on the move. These measures have been shown to make no tangible difference to immigration numbers, and instead cause immense harm to the very people they purport to protect. In this new series, 12 authors do a deep dive into the criminalisation of migration and solidarity in the UK and Europe. Some of the contributors to this series have been accused of espionage, people smuggling, and facilitating ‘illegal entry/ arrival’. Some were crossing borders, and others were acting in solidarity with those crossing borders. Contributors also include policy experts and journalists working to expose those injustices. Over the next two weeks, we’ll examine the hidden corners of global anti-migration structures set up in the name of ‘anti-smuggling’. We’ll be looking at: the detention of rescue workers in Italy; the imprisonment of children under ‘smuggling’ charges in the UK; the repeal of EU-enforced smuggling laws in Niger; how the EU is putting pressure on migrants’ rights groups in North Africa; the lucrative policing contracts in the ‘digital fight’ against smuggling; and the far-reaching influence of anti-mafia and counter-terror policies on counter-smuggling. Widening the definition of ‘smuggling’ People fleeing wars, occupations or persecution often have no choice but to travel without documents or visas. Many must leave quickly and under dangerous circumstances, and in any case most countries of destination don’t make any practical legal routes available to them. In recognition of these circumstances, refugees are protected from “penalties on account of their illegal entry or presence” by the 1951 Refugee Convention, which the UK and all EU countries are party to. But their protected status has, in recent years, been eroded by anti-immigration and counter-smuggling policies. What used to be considered ‘irregular’ movement for asylum has increasingly been redefined as ‘illegal’. Many countries, for example, now target the people steering the boats carrying people on the move – people like Samyar Bani – regardless of whether they were involved further in ‘smuggling’ activities or not. Organisations and researchers have documented this practice in Greece, Italy, Spain, Indonesia, and, most recently, in the UK. Soon after people started arriving in the UK in ‘small boats’ in greater numbers in late 2018, the Conservative government began to arrest, charge, and convict those identified as steering the dinghies. These arrests were accompanied by media briefings labelling the people arrested as ‘smugglers’ responsible for crossings. Yet even those tasked with identifying the ‘smugglers’ questioned the logic. Border Force officers told inspectors, “there were no organised crime group members onboard the boats, although one of the migrants might have agreed with the facilitators to act as a ‘chaperone’ for a reduced fee.” A series of successful appeals in 2021 overturned these early convictions. Lawyers argued that people intending to arrive at ports and claim asylum are not guilty of the offence of ‘illegal entry’, since they are simply arriving irregularly, and then entering as an ‘asylum seeker’. [END] --- [1] Url: https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/caught-in-the-net-how-migration-became-a-criminal-offence-uk-eu-borders/ Published and (C) by OpenDemocracy Content appears here under this condition or license: Creative Commons CC BY-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/opendemocracy/