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The ECJ advocate general today sensationally advised judges to reject a legal claim by Hungary and Slovakia that they should not be forced to take in refugees from Greece and Italy.

Yves Bot said the migrant quota scheme was a proportionate means of alleviating pressure on frontline member states and said it had only failed because Eastern Europe had refused to take part.

Hungarys firebrand prime minister Viktor Orban has made challenging the EUs migration scheme a frontline political issue, characterising it as a fight for the future of Europes Christian values.

But many other member states have been alarmed by his hardline approach and most have thrown their weight firmly behind Brussels in urging euro judges to force Budapest to comply.

A legal opinion by the advocate general is not binding and can be ignored by ECJ judges when they make their ruling, but more often than not they do accept his recommendations.

In his assessment of the case published today, which will raise some eyebrows due to its highly political nature, Mr Bot describes the migrant quota scheme as proportionate and justified.

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Hungarian and Slovakian objections - that there were legal irregularities in its adoption, that it should have required a unanimous EU Council decision and that borders are a national competence - should be dismissed.

The opinion is likely to provoke a furious response from those nations opposed to the quota scheme who have argued, amongst other things, that letting in refugees presents a security threat.

The programme was adopted in 2015 following a majority vote of the EU Council, with member states agreeing to regime 120,000 migrants from Greece and Italy amid fierce Eastern European objections.

But it has been dogged by inefficiency ever since with many member states effectively refusing to take part and just one - tiny Malta - fulfilling its set quota.

Hungary and Slovakia launched a legal case against the entire thing earlier this year and were supported by Poland, whilst Belgium, Germany, Greece, France, Italy, Luxembourg and Sweden lined up on the other side.

In his opinion published today, French official Mr Bot unequivocally state that judges at the ECJ should dismiss the actions brought by Slovakia and Hungary when they come before them later this year.

He rejected claims by Hungary and Slovakia that the quota scheme should have been put to national parliaments, and not just decided by EU leaders, and that MEPs should have been handed a greater role in shaping it.

And the magistrate said the fact that the fact the decision was not adopted unanimously did not invalidate it, because the Commission did not object to amendments leaders had made to the initial proposal.

Mr Bot wrote: The contested decision automatically helps to relieve the considerable pressure on the asylum systems of Italy and Greece following the migration crisis in the summer of 2015 and that it is thus appropriate for attaining the objective which it pursues.

The limited efficacy can be explained by a series of factors including the partial or total failure of certain Member States (including Slovakia and Hungary) to implement the contested decision, which is contrary to the obligation concerning solidarity and the fair sharing of burdens, to which the Member States are subject in the area of asylum policy.

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Refugees and migrants wait in a small rubber boat to be rescued off Lampedusa, Italy

He said that the EU Council had permission to adopt a provisional measure for the mandatory distribution between Member States of persons in need of international protection that could not be blocked by individual states.

And Mr Bot added: Such a measure therefore cannot be regarded as manifestly exceeding what is necessary to provide an effective response to the migration crisis.

If ECJ judges agree with his assessment, it will further bloody the battleground over migration which is already the scene of a brutal political dogfight between Eastern Europe and the West.

The EU Commission has recently launched infringement proceedings against Hungary, the Czech Republic and Poland for refusing to take in a single refugee under the scheme, drawing a furious response from their leaders.

Read this article:
EU's top court rules FOR Austria but throws out Hungary & Slovakia claim on migrant quotas - Express.co.uk

In an eagerly awaited ruling judges at the ECJ confirmed that Austria and Slovenia can send migrants back to Croatia to have their asylum cases determined there instead.

The case came before the court after Croatian authorities infuriated their neighbours at the height of the 2015 crisis by laying on state-funded transport to help migrants cross their territory.

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Officials in Zagreb had argued that they were dealing with an unprecedented situation as hundreds of thousands of migrants moved northwards towards Germany, and that this exempted them from the need to process visas.

But Austria and Slovenia, where some of the asylum seekers ended up, brought legal proceedings saying that Croatia had a duty to decide on asylum cases, and not simply bus people northwards, under the Dublin Convention.

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The landmark EU migration law, first agreed in 1990, specifically states that it is the responsibility of the first EU member state a migrant enters to determine their case.

Todays ruling could have a significant impact on the future of the EUs rapidly sinking migrant quota scheme, under which all countries have been allocated a mandatory number of refugees to take in from Greece and Italy.

Both of the countries bringing the lawsuit have strongly opposed the enforced system and refused to take part, drawing a furious response from Rome which is struggling to cope with huge numbers of new arrivals.

And whilst today's case was focussed on Croatia, the ruling theoretically strips Italy and Greece of similar legal arguments against having to take migrants back under the Dublin system.

The specifics of the case focus on one Syrian national, who applied for asylum in Slovenia, and two Afghan family members who travelled to Austria - all after being helped to transit through Croatia.

In both instances the two countries national courts ruled that the trio should be returned to Croatia to apply for asylum there - prompting a legal challenge from the individuals which ended up at the ECJ.

The crossing of a border in breach of the conditions imposed by the rules must necessarily be considered irregular

ECJ ruling

They argued that their entry into Croatia in 2015 could not be considered irregular - in other words illegal - because the national authorities knew they were there and provided them with onwards transport.

The trio tried to claim that this was in a legal sense tantamount to the Croatian government giving them a visa - but in its ruling today the ECJ judges struck that argument down.

They concluded: The admission of a national from a non-EU country to the territory of a Member State is not tantamount to the issuing of a visa, even if the admission is explained by exceptional circumstances characterised by a mass influx of displaced people into the EU.

The crossing of a border in breach of the conditions imposed by the rules applicable in the Member State concerned must necessarily be considered irregular.

A Member State which has decided on humanitarian grounds to authorise the entry on its territory of a non-EU national who does not have a visa and is not entitled to waiver of a visa cannot be absolved of that responsibility [to process their asylum claim].

The court ruled that the fact Croatia was facing an influx of so many people was not decisive and that allowing people to enter its territory on humanitarian grounds was its decision, so that such authorisation is valid only in respect of the territory of the Member State concerned, not the territory of the other Member States.

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Refugees and migrants wait in a small rubber boat to be rescued off Lampedusa, Italy

It concluded: The Court finds that the term irregular crossing of a border also covers the situation in which a Member State admits into its territory non-EU nationals on humanitarian grounds, by way of derogation from the entry conditions generally imposed on non-EU nationals.

In their conclusions the judges stressed that they were not ruling out a voluntary scheme of relocation, such as the migrant quota scheme, because member states can always choose to carry out asylum checks even if not legally required to do so.

And in a final note, likely to be interpreted as a fig leaf to Italy and Greece, they warn that no EU member state can deport an asylum seeker to their point of first entry if that country is under too much pressure to offer proper care and accommodation.

They state: An applicant for international protection must not be transferred to the Member State responsible if, following the arrival of an unusually large number of non-EU nationals seeking international protection, there is a genuine risk that the person concerned may suffer inhuman or degrading treatment if transferred.

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HAMMER BLOW FOR EU: Victory for Austria as Euro court in shock migrant ruling - Express.co.uk

Giovanni Cancemi

Shipping lines are coming under increased pressure from the refugee and migrant crisis in the Mediterranean since the EU replacedItalys Mare Nostrum programme with border control body Frontexs Operation Triton.

UK P&I Club claims executive Amanda Hastings described Operation Triton as controversial.

Unlike Mare Nostrum [which Triton replaced in 2014], Triton does not focus on search and rescue missions, but focuses its efforts on border management, she said.

This means that government-led rescue effortshavebeen significantly reduced, and some have feared that this has led to an increase in casualties.

Figures from the International Chamber of Shipping (ICS) indicate the number of merchant ships involved in rescue operations has remained relatively constant since 2015.

A total of 381 merchant ships in the Mediterranean were diverted, with 121 ships involved in the rescue of 13,888 people, all believed to be migrants, in 2016. So far this year more than2,200 migrants are believed to have died in the Mediterranean.

A spokesperson for the International Maritime Organisation told The Loadstarmerchant ships of all kinds were finding themselves under pressure to get involved as a continuing result of the crisis.

Of particular concern for the shipping industry is the upward trend in migrants reported dead or missing in 2015 and 2016, said the spokesperson.

Based on current leading indicators, we are expecting this upward trend to continue throughout 2017 and beyond.

Ms Hastings said one consequence of the change in approach by governments, and the media coverage of it, was an increase in rescue missions from non-governmental organisations.

While NGOS, like Migrant Offshore Aid Station and Sea Watch, try to fill the gap left by Mare Nostrum, commercial ship operators are still often required to intervene, said Ms Hastings.

This may be made worse by the proposed EU NGO Code of Conduct, which may not allow NGOs access to Italian ports unless they sign up.

Concerns over the wording and impact of this have been raised by organisations such as Human Rights at Sea.

Ms Hastings also raised concerns over the rise of right-wing groups, including Defend Europe, which are reportedly keen to prevent NGO vessels performing search and rescue operations.

This could place additional pressure on commercial ships, as they have an obligation to provide prompt assistance to any person found at sea in danger of being lost, she continued.

The only caveat to this being if providing assistance would cause serious danger to the ship and crew. Failing to comply with these obligations could result in a fine and imprisonment.

The IMO spokesperson added: Ships which do not comply with IMO regulations, such as the Convention on the International Regulations for Preventing Collisions at Sea, should have action taken against them by the relevant national authorities.

A spokesperson for Frontex told The LoadstarOperation Triton had been brought in to supplement border controls in the Mediterraneanandthat blaming itfor the number of rescues performed by commercial operators was to misunderstand the situation.

The purpose of Frontex is to assist national bodies in migrant control, but search and rescue operations remain under the purview of national bodies, said the spokesperson.

As such, when called upon by the Italian coastguard, Frontex vessels abandon their border patrol duties to conduct search and rescue missions.

In 2016, Frontex vessels were involved in the rescue of more than 90,000 people in the Mediterranean, while this year the figure has already reached 20,000.

But, said the spokesperson, it is the Italian coastguard that decides which ship is closest to the person in need whether this is a pleasure yacht, a military vessel, merchant or Frontex ship.

So Operation Triton is not putting merchant vessels under undue pressure, it is the sheer size of migration that has stretched search and rescue missions thin, said the spokesperson.

In 2015, one million people made the journey from Libya, while more than 880,000 travelled from Turkey to the Greek Islands.

Aspokesperson fora carrier active in the Mediterranean told The Loadstar: If lives at sea are endangered we are and we always will be fully committed to saving lives irrespective of origin or race.

Read more from the original source:
Pressure grows from migrant crisis in the Med with commercial ships rescuing 14000 last year - The Loadstar

An Ecuadorian citizen who was illegally in the United States and had been convicted of rape was among 114 people arrested during an 11-day operation by U.S. Immigration and Customs Enforcement officers in New York, the agency said Tuesday.

ICE said the sweep, which ended Saturday, targeted fugitives and and people who have violated U.S. immigration laws, including those who re-entered the country after being deported.

Of those arrested during the operation, 82 people had criminal histories, including prior convictions for sex crimes, drug offenses and fraud, while 15 others had pending criminal charges, including assault, larceny and sexual exploitation of a minor.

Others taken into custody included a Jamaican citizen -- with a prior conviction for forcible touching, robbery in the 1st degree and acting in a manner to injure a child less than 17 -- and a Mexican citizen whose criminal record includes a 1st degree manslaughter conviction, authorities said.

Our nation has a proud history of immigration, but we are also a nation governed by laws specifically designed to protect its citizens and residents. ERO deportation officers are committed to enforcing the immigration laws set forth by our legislators, said Thomas Decker, field office director for Enforcement and Removal Operations in New York. Of those arrested during this operation, nine were released from New York custody with an active detainer, which poses an increased risk to the officers and the community.

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ICE arrests 114 in New York operation targeting fugitives, illegal immigrants - Fox News

By Evan Lips | July 26, 2017, 18:15 EDT

Printed from: http://newbostonpost.com/2017/07/26/activists-disrupt-illegal-immigration-bill-announcement/

BOSTON Pro-illegal immigration activists crashed a press conference on Wednesday held to announce the filing of a bill intended to combat a recent MassachusettsSupreme Judicial Court decision barring local police departments from acting upon federal detainer requests.

Keep hate out of our state, the activists chanted, disrupting state Representative Jim Lyons (R-Andover), who at the time was speaking to reporters from a podium.

Folks, I appreciate the fact that you came, Im not going to interrupt you, please do not interrupt me, Lyons told the lead protester, identified as Centro Presente Executive Director Patricia Montes. Please, be respectful.

I am being respectful, Montes shot back. But youre not being respectful of the immigrant community.

The testy exchange occurred inside the State House, where a gaggle of reporters had assembled to hear from Lyons and other lawmakers, including fellow Republican state representatives Marc Lombardo of Billerica, Joseph McKenna of Worcester, Shaunna OConnell of Taunton and Geoff Diehl of Whitman, regarding the groups recently filed legislation. Also in attendance was Bristol County Sheriff Thomas Hodgson, who has made headlines for his critical views on illegal immigration.

Im listening, Im going to listen, but if you say racist stuff against our community, were going to get mad, Montes told Lyons at one point.

Hodgson later directly addressed the activists.

Let me just remind you and the other protesters here that the First Amendment affords every one of us the opportunity to be heard, not to be interrupted, you have your forum to speak, but do not interrupt our constitutional right, Hodgson said before being cut off by Montes.

Dont violate basic human rights of immigrants, thats why Im here, Montes said. Youre criminalizing the immigrant community, you have been criminalizing the immigrant community for years.

Montes later backed off, but redoubled her efforts once Diehl began speaking. Diehl said the SJCs ruling makes no sense whatsoever, prompting Montes and other activities to resume chanting. Montes appeared to draw the ire of Hodgson after she repeatedly positioned herself between the press conference podium and the lenses of television network cameras. A House court officer tried to coax Montes away from the area in front of the podium but was met with protests from Montes.

Dont yell at me, Montes said to the officer, wagging her finger at him. You know that I have rights. Dont touch me and dont yell at me.

The confrontation prompted Lyons to remark, I think youre (Montes) the one yelling at us.

Montes later demanded that Lyons and other lawmakers produce data on crimes committed by undocumented immigrants.

Im not talking about cases, I want to have specific data, youre filing a bill and I imagine you have enough information, because basically what you are saying is that all undocumented people in Massachusetts are criminals, a visibly animated Montes said.

You may not like the answer, but youve asked a question, Lyons said. And I didnt interrupt you the way you interrupted us.

Lyons mentioned late Mays fentanyl drug bust in Lawrence, which resulted in the arrests of 30, at least nine of whom had entered the country illegally.

Our purpose in this bill is not to say that there are illegal immigrants and everyones a criminal, despite the fact that thats what youre saying, our purpose of this bill is to protect the citizens of the United States and specifically Massachusetts, Lyons said.

Lyons and other lawmakers filed the bill, titled An Act to Clarify the Jurisdiction of Law Enforcement Officials on Immigration issues, on Tuesday. Ahead of Wednesdays press conference, Lyons took to social media and wrote on his Facebook page that the bill will allow police and law enforcement personnel to arrest illegal immigrants.

Meanwhile, Lyons told reporters and activists at Wednesdays press conference that he and other lawmakers want to make sure that our law enforcement officers have the tools necessary, and one of those tools is to be able to work cooperatively with our federal authorities.

Montes began speaking loudly again while Lombardo was at the microphone.

This is very common for the left, Lombardo said, regarding Montess behavior.

Montes later led activists in additional chants as Lyons attempted to end the press conference.

The Democratic Party in Massachusetts is able to get things done quickly; every day that they refuse to address the underlying safety of our communities they are putting our citizens at risk, Lyons said, before taking a swipe at the legislative and constitutional officer pay raise bill championed by Democratic leadership and passed in January at the beginning of the current session in January.

What we are demanding is that this Legislature look at this bill and determine that the public safety of Massachusetts citizens is paramount, and we would urge them to pass this legislation, Lyons added.

Read a copy of the bill:

07-25-2017 an Act to Clarify the Jurisdiction of Law Enforcement Officials on Immigration Issues by Evan on Scribd

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Activists Disrupt Illegal Immigration Bill Announcement - NewBostonPost (blog)