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Call to reject new EU laws that "criminalise migrants and human rights defenders"

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11 March 2025

An open letter to the EU demands action to end the criminalisation of migrants and those who stand in solidarity with them. More than 100 signatories, including Statewatch, condemn proposed reforms to EU laws on migrant smuggling and call for an urgent change of approach.

Image: Tilemahos Efthimiadis, CC BY 2.0

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An open letter to the EU demands action to end the criminalisation of migrants and those who stand in solidarity with them. More than 100 signatories, including Statewatch, condemn proposed reforms to EU laws on migrant smuggling and call for an urgent change of approach.

The Facilitator’s Package

The Facilitator’s Package was proposed in November 2023 by the European Commission. It is made up of two laws that target the “facilitators” or irregular migration. These are ostensibly organised criminal networks of smugglers who make money by helping people to cross state borders.

In reality, says the letter, the Package “criminalises migrants and human rights defenders instead.” It emphasises that legislation of this kind is fuelled by and further stokes far-right, anti-migrant rhetoric and fear-mongering.

The two laws in the Package are a revision of the 2002 Facilitation Directive, and reforms to the 2016 Europol Regulation. The Europol reforms follow a previous expansion of the agency’s powers that came into force in 2022.

Criminal law

The letter demands amendments to the Facilitator’s Directive, to protect the rights and lives of migrants, refugees, asylum-seekers, their families, and human rights defenders.

It calls for the Directive to include a “clear legal definition of smuggling as a for-profit activity aligned with existing international standards.”

It also stresses the need to ensure that those providing humanitarian support to people crossing borders are not criminalised. This should be done through “an explicit and legally binding humanitarian exemption,” says the letter.

It notes that the European Parliament’s substitute impact assessment raised concerns about “the effectiveness and lawfulness of the proposal.” The Commission did not produce a proper impact assessment for the proposal.

New Europol powers

The letter also raises serious concerns over the plan to increase Europol’s powers in the name of countering migrant smuggling.

It does this by introducing new obligations for member states to cooperate with Europol on migrant smuggling investigations. The agency would also get new powers to deploy officials in member states.

As Statewatch has previously highlighted, these new powers cover “all forms of crime for which [Europol] is competent, and not simply migrant smuggling and human trafficking.”

The letter argues that the new powers are unwarranted and unnecessary, It also points to the lack of an adequate impact assessment, in conflict with the EU’s own better regulation guidelines.

The letter calls on lawmakers to reject the proposal, saying that it “unlawfully expands the agency’s powers and resources by capitalising on right-wing politicisation of migration.”

Criminalisation of human movement

The letter emphasises the EU’s role in “restricting regular routes for migrants, refugees and asylum seekers,” which funnels migrants towards criminal networks and illegal means of crossing borders.

It also highlights the EU’s part in creating the conditions that force people to migrate in the first place by “contributing to environmental, political and economic instability in [migrants’] home countries.” 

The letter ultimately condemns the Package as "a continuation of the erosion of the right to seek asylum and the criminalisation of human movement laid down by the 2024 Migration and Asylum Pact."

Rather than investments in new police powers and criminal law enforcement, "public resources must instead be reallocated towards a system that meets the care and protection needs of all people, rather than targeting the most vulnerable," says the text.

This letter was coordinated by the #ProtectNotSurveil coalition (of which Statewatch is a member) and the Equinox Initiative for Racial Justice.

Full-text of the letter

EU: Stop criminalising migration in the Facilitator’s Package law

Civil society condemns Facilitation Directive’s failure to protect migrants and call for rejection of Europol Regulation.

When the European Commission published the Facilitator’s Package in 2023, its stated goal was to protect migrants from being exploited by “professional smugglers” and undertaking dangerous journeys to Europe.

In reality, the Package’s proposed Facilitation Directive criminalises migrants and human rights defenders instead of targeting organised crime networks, and the Europol Regulation unlawfully expands the agency’s powers and resources by capitalising on right-wing politicisation of migration. 

It ignores the EU’s role in restricting regular routes for migrants, refugees and asylum seekers, and contributing to environmental, political and economic instability in their home countries – forcing them to seek life-threatening alternatives.

The EU must:

• AMEND THE FACILITATION DIRECTIVE TO PROTECT MIGRANTS BY INCLUDING
  • A clear legal definition of smuggling as a for-profit activity aligned with existing international standards.
  • An explicit and legally binding humanitarian exemption that protects migrants, refugees, asylum seekers, their families, and human rights defenders from being charged with smuggling.

• REJECT THE EUROPOL REGULATION IN ITS ENTIRETY
  • Unlawful – the proposal expands the agency’s powers beyond its ‘cooperation’ mandate and above Member State competencies
  • Unsafe – the proposed increase in Europol’s mass data collection mandate risks widespread violations of privacy and fundamental rights, as denounced by the European Data Protection Supervisor. It also pushes data sharing with known human rights violators Frontex and third countries
  • Unsubstantiated – the proposal was presented without a proper impact assessment, going against the EU’s own Better Regulation Guidelines. The European Parliament’s substitute impact assessment calls into question the effectiveness and lawfulness of the proposal.

The Package is simply a continuation of the erosion of the right to seek asylum and the criminalisation of human movement laid down by the 2024 Migration and Asylum Pact. It feeds into right-wing fear mongering around migration and promotes a criminal law response to a social phenomenon. 

The EU continues to pour millions into violent criminal law approaches to migration that do not work. Public resources must instead be reallocated towards a system that meets the care and protection needs of all people, rather than targeting the most vulnerable. 

Quotes:

“EU border policies create the criminal conditions under which people resort to networks in order to move. Lawmakers of the Facilitators Package face a political choice. They can direct the powers of the criminal law, policy, funding and personnel toward the purpose of punishing people in need, or focus on protecting people on the move and those in solidarity with them. The choice is simple.” 

– Sarah Chander, Director, Equinox Initiative for Racial Justice 

“The fight against so-called ‘migrant smuggling’ is an insidious pretext to unlawfully expand Europol’s powers. Turning Europol’s NSA-style surveillance capabilities against migrants and human right defenders will only lead to more pushbacks, violence and deaths at the EU borders. So not only it is hypocritical, but also extremely harmful. The only solution is the rejection of this Europol reform proposal.” 

– Chloé Berthélémy, EDRi

“The rage of European member states to punish people for seeking safety is out of control. Thousands are arrested and thrown in jail each year, often in trials that fail to uphold legal standards, simply for trying to exercise their right to asylum. But more repression won’t put an end to the dying at sea. The only way to avoid irregular entrance, is regular entrance and freedom of movement for all.” 

– Dorothee Krämer, Advocacy Officer for Sea-Watch 

Additional resources

Analysis and recommendations from:

• #ProtectNotSurveil
• Equinox Initiative for Racial Justice
• PICUM

Initiated by: Equinox Initiative for Racial Justice and #ProtectNotSurveil Coalition (Access Now, Algorithm Watch, Border Violence Monitoring Network (BVMN), EDRi, European Network Against Racism (ENAR), Equinox Initiative for Racial Justice, EuroMed Rights, European Center for Not-for-Profit Law (ECNL), Homo Digitalis, Platform for International Cooperation on Undocumented Migrants (PICUM), Privacy International, Statewatch)

Signed by: 

1. #DiasporaVote!
2. Ação Pela Identidade – API
3. Access Now
4. Action Aid
5. Africa Advocacy Foundation
6. All African Women’s Group
7. ALMA Community Therapies
8. Almena Cooperativa Feminista
9. Àltera APS
10. Alternatif Bilisim
11. APDHA-Asociación Pro Derechos Humanos de Andalucía
12. Apna Haq
13. Ariadni AMKE
14. Asociación  Por Ti Mujer
15. BePax
16. Biznegra
17. Boat Refugee Foundation
18. Border Violence Monitoring Network
19. CADO-Advocacy and Human Rights Center
20. Changemakers Lab
21. Comitato 3 Ottobre – Accoglienza ETS
22. Community Rights in Greece
23. CompassCollective
24. Coordinadora Obrim Fronteres
25. CPT – Aegean Migrant Solidarity
26. Creación Positiva
27. de:criminalize
28. Digitale Gesellschaft (Germany)
29. DIOTIMA (Greece)
30. Equal Legal Aid
31. Equinox Initiative for Racial Justice
32. European Anti-Poverty Network (EAPN)
33. European Civic Forum
34. European Network Against Racism (ENAR)
35. European Sex Workers’ Rights Alliance (ESWA)
36. Fédération des tunisiens citoyens des deux rives (FTCR)
37. Filipino Women’s Council
38. Flüchtlingshilfe Iran e.V
39. forRefugees
40. Fuga.coop
41. German NGO Network against Trafficking in Human Beings – KOK
42. Global Asylum Seeker Human Rights Defenders Committee (GASHDC)
43. Global Women Against Deportations
44. Greek Council for Refugees (GCR)
45. Greek Forum of Migrants
46. Hermes Center
47. Hoatzin
48. Hoffnung leben e.V.
49. Homo Digitalis
50. Human Rights Legal Project
51. Humanity Diaspo ONG
52. ILEX- Acción Juridica
53. Intereuropean Human Aid Association
54. International Coalition for People of African Descent ICPAD
55. International Service for Human Rights
56. International Women* Space
57. INTERSOS HELLAS
58. Islamic Human Rights Commission
59. Kif Kif vzw
60. Lafede.cat – Organitzacions per la Justícia Global
61. Legal Centre Lesvos
62. Love Without Borders
63. Migrant Tales
64. Migration Consortium
65. Mobile Info Team
66. Movement of Asylum Seekers in Ireland (MASI)
67. New Bulgarian University
68. New Women Connectors
69. No Name Kitchen
70. Northern Ireland Council for Racial Equality
71. Northern Lights Aid
72. Northern Police Monitoring Project
73. Ona bros
74. Platform for International Cooperation on Undocumented Migrants (PICUM)
75. Podlaskie Ochotnicze Pogotowie Humanitarne
76. Politiscope
77. Privacy International
78. QueeriséEs
79. Racism and Technology Center
80. Refugee Legal Support (RLS)
81. Refugees in Libya
82. Revibra
83. Romnja Feminist Library
84. Samos Volunteers
85. Saplinq, o.z.
86. SARAH gUG
87. Sea-Eye e.V.
88. Sea-Watch e.V.
89. Seebrücke
90. SOLIDAR
91. Solidary Wheels
92. SOS Humanity e.V.
93. Spazio di Mutuo Soccorso
94. SPECTRUM
95. Statewatch
96. SUPERRR Lab
97. The Channel Monitoring Project
98. The Electronic Privacy Information Center (EPIC)
99. The Institute for Technology in the Public Interest (TITiPI)
100. Transgender Europe (TGEU)
101. Transnational Institute
102. Tunisian Forum for Social and Economic Rights FTDES
103. Über den Tellerrand e.V.
104. UHURU VALENCIA
105. UNESCO Inclusive Policy Lab- People of African Descent & SDGs E-Team
106. United African Women Organization
107. Up
108. Utopia 56
109. Vasilika Moon – La Luna di Vasilika NPO
110. WeMove Europe
111. WIDE+ (Women In Development Europe+)
112. Women of Colour in the Global Women’s Strike
113. Women World March Belgium

Individuals:

1. Afrika Inkindi
2. Anna Gruber
3. Anouar El Hajjami-Jarri
4. Asher Serrana
5. Asli Telli
6. Astrid Schreiber
7. Astrid Schreiber
8. Blanca Callén Moreu
9. Carlos José Marques Salgado
10. Charito Basa
11. Daniela Schneider
12. Diana Podar
13. Doreen Olivia Williams
14. Dorrie Wilson
15. Dr Adi Kuntsman
16. Elisa Damaso
17. Emma Martín Díaz
18. Ewa Trojanowska
19. Felix Diaz Martinez
20. Georgia Brooks
21. Glenn Leihner-Guarin
22. Ivana Stojanova
23. Iyo Bisseck
24. Jara Henar
25. Jessica Machacova
26. Karolina Mazurek
27. Katarina Baltar
28. Katarzyna Anna Augustynek
29. Kayra vee Martinez
30. Laïla B
31. Lamar Bailey Karamañites
32. Laurenz Koppenhagen
33. Leonie Mensel
34. Luka Mester
35. Lutz Bucklitsch
36. Mafe Moscoso
37. Maisy Vincent
38. Marek Męczyński
39. Marga Burgui Artajo
40. Mariam Camilla Rechchad
41. Mher Hakobyan
42. Misamu Nzabi
43. Mouhieddine Cherbib
44. Olga Lubicz
45. Ona Bros
46. Osman Vatansever
47. Paulino Gonzalez
48. Piotr Fijałkowski – Obywatele RP
49. Prof. Jan Tobias Muehlberg
50. Robert Krzysztoń
51. Romdhane Ben Amor
52. Selamauyt Tesfaye
53. Stella Nyanzi
54. Susana Mariano Anastácio
55. Tamara Rubin
56. Terri Beswick
57. Vinya Mehta

Further reading