Abstract
Abstract Real and perceived risks of deportation may compromise the effective right of irregular migrants to report to the police if they have been a victim of crime. Some localities have therefore introduced so-called ‘firewall protection’, providing a clear separation between the provision of public services and immigration enforcement. This article explores one such policy in the Netherlands: ‘free in, free out’. While the policy began as a local pilot project, in 2015 it was introduced at the national-level alongside implementation of EU Victim’s Rights Directive, and currently represents the only national-level example of ‘firewall protection’ for victims of crime in Europe. This article is based on a socio-legal study that included interviews with informants from governmental and non-governmental organisations. It documents the legal and social reasons for instituting the policy, while critically assessing the challenges in implementation. Finally, it discusses the lessons and opportunities for expanding firewall protection more broadly in a European context.
Highlights
In recent years, increasing efforts have been made in Europe to ensure that irregular migrants[1] are guaranteed equal access to justice and basic rights should they fall victim to crime.[2]
This article seeks to help rekindle the discussion surrounding the need for ‘firewall’ protection for irregular migrant victims of crime in Europe. It focuses on the Dutch ‘free in, free out’ policy as a valuable case study, tracing its development from a local pilot project to national policy in 2015 as part of the official implementation of the EU Victims’ Directive in the Netherlands
The analysis presented in this study provides a number of insights: First, immigration control in the Netherlands tends toward a ‘thick enforcement’ system defined by a number of unique practical and juridical features that are important to understanding the nature and challenges of ‘firewall’ protection
Summary
In recent years, increasing efforts have been made in Europe to ensure that irregular migrants[1] are guaranteed equal access to justice and basic rights should they fall victim to crime.[2]. This study presents one of the few scholarly examinations of the ‘free in, free out’ policy as an early form of ‘firewall’ protection for irregular migrants who are victims of crime within a European context.[26] It provides insight into the challenges and limitations of these protections, and captures the perspectives of a variety of stakeholders with relevant expertise and experience In this respect, it serves as a valuable contribution for further expanding firewall protections, and research on these protections, across Europe. The analysis is presented in four sections: (1) an overview of the Dutch immigration control landscape, including the key internal migration control instruments and the organizational structure and competencies of the national police and immigration authorities; (2) an overview of the existing victim protection mechanisms for irregular migrants in the Netherlands, including a discussion of how the ‘free in, free out’ policy emerged; (3) a detailed examination of how the policy unfolds on the ground during implementation; and (4) a critical assessment of the key challenges and limitations of the policy
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