Lawmakers “correct” Ukraine’s approach to illegal migration

Verkhovna Rada has introduced changes in the Criminal Procedural and Administrative Codes, particularly in terms of penalties (fines) levied on illegal immigrants. Persons arrested for illegal crossing of the border will be fined 40-50 untaxed minimum citizen’s incomes (i.e., UAH 680-850). For such repeated transgressions criminal prosecution is provided for.

“Considering that 12,174 persons have illegally crossed the border this year alone, the changes in legislation should help law enforcement authorities in their struggle against illegal migration,” Dmytro Plechko, legal assistant of the Kyiv Representation of the Office of the United Nations High Commissioner for Refugees, told The Day. “But one should not forget that among those illegally crossing the Ukrainian border are refugees from regions suffering from hostilities and people seeking political asylum. Under the Human Rights Convention, this category must be singled out from the bulk of the illegals and given a chance to officially determine their status.”

Statistics of the Coordinating Committee to Combat Corruption and Organized Crime point to some 800,000 foreign citizens staying illegally on Ukraine’s territory. Those engaged in illicit business will most likely have no problems paying such fines. Those seeking asylum but without the refugee status due for one reason or another (maybe waiting for the red tape) obviously cannot afford these penalties.

“The family income of most Afghan refugees often does not exceed UAH 100-120 monthly,” The Day was informed by an Afghan named Mirab who is yet to receive official refugee status. “I still have to pay a fine for staying in Ukraine illegally almost every week,” he added. Now apparently he will have to pay also for crossing the border. He said that militia often “do not register the fine and just pocket the money.”

It is interesting to note that, in the absence of a refugee receipt and transfer agreement with Russia and Belarus, Ukraine has no right to deport illegal immigrants from these countries. Nor can Ukraine afford to deport such illegals: an air ticket costs several hundred dollars.

As a result, foreigners currently in Ukraine either try to leave by hook or by crook (mostly headed for one of the developed European countries) or settle here, turning into living ghosts, without identity papers or any rights. Incidentally, of more than 12,000 illegals detected crossing the border, 8,519 have tried to leave as illegally and been apprehended by law enforcement authorities.

Obviously, to defend Ukraine’s frontiers against illegals and act in keeping with international laws protecting refugee rights, the Ukrainian lawgivers will have to make a number of other changes.

Incidentally: A large group of illegals was apprehended at the Tisza checkpoint in Zakarpattia. Interfax Ukraine was informed by the border guard troops’ information service that a DAF refrigerator trailer with Cypriot papers was inspected when allegedly carrying a shipment of crates and containers for eggs. A specially trained police dog sniffed out 67 citizens of Bangladesh. Most of them had no identity papers and knew practically no European languages. In all, 139 illegal border immigrants were apprehended during 24 hours.