Closing borders, criminalising solidarity: How Fortress Europe has declared war on migration

Brussels – The European Commission’s push on returns is just one part of a broader pattern of generalised restrictions on migration within the EU and at its borders. Another, less discussed and less widely known, is even more alarming: the growing criminalisation of solidarity with migrants trying to enter EU territory to seek international protection.

“This is the fourth consecutive year that we have documented increasing levels of criminalisation of both migrants and those who assist them,” said Silvia Carta, Advocacy Officer at PICUM, a European network working for social justice for undocumented people, and author of a newly published report. “And what we are able to monitor is just the tip of the iceberg.”

In 2024, at least 142 human rights defenders and EU citizens faced legal proceedings for assisting migrants. This means rescuing or helping people in distress at sea, providing humanitarian aid, food, water or clothing at the borders, or even taking part to protests and manifestations against against government and police practices. Most were charged with facilitation of entry, stay or transit or migrant smuggling, depending on how the crime is defined in the national legislation.

The figures show a steady rise in recent years: at least 89 cases in 2021, 102 in 2022, 117 in 2023, and 142 in 2024. However, these numbers likely underestimate the true scale, as many national authorities do not consistently publish information on those accused or convicted of such offences.

How migration is criminalised

According to PICUM’s report, the EU Member States where migration and solidarity are most criminalised are Greece—with 62 cases in 2024—and Italy (29), followed by Poland and France (17 each). Court proceedings have concluded for 43 of the 142 individuals prosecuted, with the vast majority—41 people—either acquitted or having had their charges dropped. On average, proceedings last three years, although in many cases they drag on much longer.

Of those criminalised, 88 were targeted for rescuing or assisting migrants in distress at sea; 21 for providing basic humanitarian aid such as food, water, or clothing; and 17 for participating in protests or demonstrations. In Poland, for example, five individuals providing humanitarian aid at the Poland–Belarus border are facing prison sentences of up to five years. In Italy, one woman faced nearly ten years of legal proceedings after being prosecuted in 2014 for buying train tickets for a group of Syrian refugees in Sicily.

As PICUM’s Carta emphasises, the criminalisation of solidarity is “deeply tied” to the broader criminalisation of migration itself. “These are not two separate issues”—she explains—”they form part of a continuum of restrictive migration policies that make border crossing unsafe and foster a hostile environment towards those labelled as irregular migrants.”

At least 91 people in Italy, Greece, and Spain have been prosecuted for crossing borders irregularly. In both Italy and Greece, survivors of shipwrecks have been charged as smugglers, accused of steering vessels or assisting managing passengers on board. In reality, they were merely passengers—handing out food and water, using a phone or a map while at sea. Those criminalised for irregular migration are often punished twice: first through lengthy and severe legal proceedings, and then, in two-thirds of cases, through imprisonment even before their trials begin.

How the situation might get worse

This is the current framework of criminalisation—and the outlook is set to worsen, particularly on the legislative front. In November 2023, the European Commission proposed a revision of the EU’s existing legislation on migrant smuggling. The new Facilitation Directive aims to prevent unauthorised entry, transit, and stay within the EU, aligning closely with the New Pact on Asylum and Migration. However, the proposal lacks an impact assessment, failing to consider the potential effects on the rights of migrants and those offering humanitarian support.

“This legislation risks leading to more people being arrested or prosecuted simply for helping those in need, and to migrants themselves being treated as smugglers,” Carta warns. With the proposal currently under negotiation in the European Parliament, PICUM’s advocacy officer urges MEPs to “push for the strongest safeguards, so that no one faces prosecution simply for crossing a border or helping people in need.”