Saturday, 30 April 2011
Contemplating the ongoing saga of the North African savages who have made their way into Italy, then into France and some of whom are now apparently contemplating an onward journey to Britain, the overwhelmingly dysfunctional nature of the immigration-handling system becomes obvious. There are many aspects to this dysfunction, but clearly one of the most critical is that illegal immigrants themselves face no punishment for having broken the rules. Under an EU agreement, when the migrants have entered one EU country from another EU country, they are simply returned to the country from which they came. They can then come straight back in. Some of the Tunisian savages camped out in northern Italy, close to the border with France, have been caught and forced back by French police multiple times. They may get a whack or two from a baton, but this is informal, unapproved and ineffective.

Illegal immigrants must face punishment which is sufficiently intimidating as to constitute a genuine deterrent. Italy had made it a criminal offence for an illegal immigrant to remain in Italy after having been given a notice to quit the country. The offence was punishable by up to four years in prison. This week the EU Court of Justice decreed that the legislation was contrary to EU rules, however.

Italy cannot punish illegal migrants with jail, the European Union's Court of Justice said on Thursday. The ruling struck down a key piece of legislation passed by the Italian government to bolster the hardline immigration policies it pledged to implement while in office.

The EU Court of Justice ruled that jailing migrants contradicts an EU directive whose main objective is "to set up an effective policy to drive out and repatriate third country nationals whose stay (in the EU) is irregular, while respecting their fundamental rights," the court said in a statement.

The court is tasked with ensuring that EU directives are interpreted and applied in the same way in all EU countries.

Under Italy's 2009 law, migrants who enter Italy illegally and refuse to leave face a prison sentence of from one to four years and fines of up to 10,000 euros, followed by immediate expulsion.

A Italian court in the northern city of Trento had referred to the EU court the case of an Algerian, Hassen El Dridi, who in 2010 was ordered to leave Italy within five days because he did not have a residence permit.

El Dridi ignored the court order and was given a one-year jail term which El Dridi appealed.

The EU court said that following its ruling, judges in Trento should "disapply" the jail terms contained in Italy's immigration legislation.


Italy intends to appeal the decision. In any case, it's hard to see how jailing illegal immigrants can be an effective solution. The UK's prison system has a capacity to accommodate about 100,000 inmates and is already close to its maximum. Even conservative estimates put the number of illegal immigrants at around 500,000 and the real figure may well be several million. Clearly, it is simply not possible to imprison a significant proportion of the illegal immigrant population. Even if it were possible, it would simply add to the cost burden of the taxpayer. While in prison, Britain would have a duty of care to the illegals and they would no doubt be able to access a range of health care services.

The punishment must be one that has little or no expense for the taxpayer and that at the same time constitutes a serious deterrent. This suggests some form of corporal punishment. Exposing illegal immigrants to public obloquy in a revival of the medieval stockades system would be one option. Whipping would be another. Both have problems, though. They are both somewhat prolonged, could give rise to sympathy for the immigrants, and could create problems if the immigrants suffer medical problems as a result of the punishment.

In my view the optimal form of punishment for illegal immigration is branding. The illegals should be branded on the forehead. This is quick, cheap and has the added advantage of allowing re-entrants to be easily identified. Branding is essentially harmless but, at the same time, would be feared by the illegal immigrants because of the shame and humiliation it would bring, as well as the damage to their personal appearance.

It may seem harsh but all of the problems we currently face with regard to the migration of aliens result from an excess of compassion which is being exploited by the unscrupulous. There is no way out of our present predicament that does not involve toughening up.

2 comments:

Johnny Rottenborough said...

If illegal immigrants cannot be returned to their own countries, it’s vital they be sterilized so that we’re not burdened by their offspring. Sterilization would also be a useful alternative for ridding ourselves of fast breeder Muslims; those who refused to relocate overseas would go under the knife.

Anonymous said...

How about you do what Australia does and turn back the boats, that way illegal immigrants who make the journey and have to go home tell their friends not to waste the massive amounts of money they spend to make the journey ( by the way does anyone ask how refugees can afford to pay thousands of dollars to make the journey thats because they are not refugees but middle class citizens who are not refugees)
Secondly if they do make it to Italy send them to offshore processing centres somewhere in Africa where they came from.
Lastly gurantee that NO refugees will be settled in Europe only third party countries in Africa.

Thats how Australia stopped the flow of illegal immigrants.

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