Luxembourg courts hand down 11 verdicts related to illegal migration
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The Luxembourg Parliament has received a report on measures to combat illegal migration and the employment of illegal immigrants for 2023. According to the Ministry of Justice, 6 final judgements were handed down under articles 140-142 of the Immigration Act.
The court imposed three suspended sentences (1 month and two 9-month suspended prison sentences) and three real prison sentences (6 months and two 24-month sentences). However, it is important to note that these sentences included not only violations of migration law, but also other offences.
In 2023, the State Labour Inspectorate (ITM) conducted 581 unannounced inspections and identified 283 illegally working migrants. As a result, fines totalling €1.27 million and 202 activity bans were imposed.
Under Article 572-5 of the Labour Code, which punishes illegal employment without a residence permit, the court handed down three convictions against three companies and five individuals. However, no convictions have yet been handed down under the new Article 574-5, which prohibits the employment of migrants without a work visa, as it does not enter into force until August 2023.
The Ministries of Justice, Interior and Labour stated that Luxembourg has a humane but tough migration policy. The main measures are:
- Maison Retour is a support centre for illegal immigrants, encouraging voluntary return to their home country.
- Development of new voluntary return programmes for migrants.
- Support for a pan-European Pact on Migration and Asylum, which speeds up procedures and strengthens co-operation between EU countries.
The authorities are thus strengthening control over illegal employment and entry into the country, but are emphasising the voluntary return of migrants rather than mass deportations.