European Union: it has become illegal to fight illegal immigration

Neither the massive arrival of boats to the Canary Islands, the Solingen attack, nor the election results in Thuringia and Saxony are surprising or political earthquakes. They are merely reminders of the consequences of mass migration, the crime it brings, and the popular outcry to put an end to this absurdity without delay or excuses.

After these umpteenth events, will the echo of this frustration finally reach the ears of Olaf Scholz and his coalition, which now represents less than 15 per cent of the votes in those two regions? And, most importantly, will it be heard by a European Union that has been handling this policy disastrously for decades? 

I doubt it, for the simple reason that in the EU, even though leaders tear their hair out after every shipwreck or terrorist attack, to ban illegal immigration is not only a taboo—it is legally forbidden. Especially since June 13, when the European Court of Justice fined Hungary a record €200m, with an additional penalty of €1m per day, until it complies with its ruling. Why such a punishment for Hungary? Precisely because Hungarian officials prevented the entry of illegal migrants at Hungary’s border, which is also the Schengen area’s border. Unprecedented.

Let’s see. It is true that the EU has adopted a legal framework for regulating migration, including border control, for decades. To enter Europe, a visa is required, sophisticated databases exist to track immigrants, and the Schengen Code mandates border controls. There is even the Frontex Agency which, despite becoming a nest of NGOs that monitor states trying to control borders more than the borders themselves, occasionally conducts joint operations by land and sea. 

But it is also true that the EU remains a massive sieve, and the flow of illegal migrants continues unabated. In fact, it is increasing, mainly for two reasons. First, the EU is incapable of deporting illegal migrants. On average, the EU only manages to expel a quarter of them.

The second reason, closely tied to the first, is the dogmatic and fraudulent European asylum policy. Illegal migrants arrive in Europe well-coached by NGOs and other open-border activists: regardless of where they come from, they pretend to be persecuted, often lie about their country of origin, and apply for asylum. When their application is denied, they appeal the decision in court, and until the court rules, they have plenty of time to disappear across a continent without internal borders.

To put things into perspective, over the past seven years, France has received asylum applicants equivalent to the population of Marseille—about 825,000—and has managed to deport only 4 per cent of those who were not granted refugee status. 

Two conclusions are immediately clear: once someone sets foot in Europe, it is practically impossible to expel them, and applying for asylum is the best way to bypass the border.

What’s the solution? Force illegal migrants to apply for asylum in a third country before entering the EU, not after. This is exactly what Hungary had been doing for years, with noticeable and deterrent results. But (surprise!) European legislation dictates that every illegal migrant, even if they come from a country where they face no persecution, has the right to enter the EU to apply for asylum just in case and stay until the courts decide whether they are a refugee or not.

The situation is so confusing that today, a border guard does not know if arresting someone who crosses a border illegally is tantamount to upholding the Schengen Code or violating European asylum directives. We’ve reached the absurd point where it is illegal to control a border simply because expelling an illegal migrant is… illegal. 

This was confirmed by the European Court of Justice last June, punishing Hungary with unprecedented severity. After a lengthy procedure, the judges imposed an exemplary and excessive penalty on Budapest: where the Commission had requested a fine of €1,044,000 and a daily coercive penalty of €16,393, the judges imposed a fine of €200 million and a daily penalty of €1 million—multiplying the Commission’s request by 191 and 65, respectively! They merely invoked the “principle of solidarity” to adopt this arbitrary, abusive, and probably illegal ruling, if an appeal were possible. 

A politically disheartening case. Just as a terror-stricken Germany closes its borders and a majority of states are clamouring to externalize asylum policy, European judges force Hungary to open its external border. This schizophrenia and fanaticism will lead to unprecedented chaos that could dismantle the Schengen area and mark the final rupture between Europe and its citizens. Utterly frustrating.