Results are excerpts from the referenced publication, and may not be current at the time of the search. Please also note the database is currently in its testing phase. We would welcome any feedback at [email protected]

  • Right to education for non-citizen children (multiple countries)
  • Argentina
  • Belgium
  • Chile
  • Spain
  • France
  • Italy
  • Netherlands
  • Thailand
  • United States of America
  • Uruguay
  • The fundamental right of all children to education, regardless of their legal status, is recognized in Argentina, Belgium, Chile, Italy, Spain, Thailand, the Netherlands and Uruguay. In France, there is a ministerial circular to the same effect.

    Italy guarantees to migrant children the right to education, regardless of their status, on the same terms as Italian children. The 1998 Immigration Act integrates the right to education in national legislation. It provides for the compulsory education of migrant children, the teaching of Italian, and the promotion of the culture and language of the countries of origin of migrant children.

    Chile guarantees access to public education to migrant children and adolescents, regardless of their migration status (Ministry of Education, Ordinary Communication N°07/1008 of 2005).In 2016, a new procedure was established to facilitate the enrolment of irregular migrant children

    The US Supreme Court ruled in the landmark Plyler v. Doe case in 1982, that it was a violation of the Constitution to deny irregular migrant children free compulsory education under the same conditions as citizens and regular migrant children. The legal ruling has been complemented by guidelines, for instance those produced by the National School Boards Association and the National Education Association, regarding legal issues and specific schools. A number of States have fully implemented this ruling to include access to other school-based services, such as free and reduced-price meals and educational assistance for children with learning disabilities.

    In 2005, Thailand’s Ministry of Education instructed school directors to enrol all children, including irregular migrant children, so they could access free basic education.
  • Law
  • Minimum Standards
  • Respect of fundamental rights
  • Undocumented or irregular migrants
  • Children
  • Trainee program for migrants in South Korea
  • Korea
  • Republic of (South Korea)
  • Until 2003, South Korea had no official provisions for the entry of temporary low-skilled foreign labor. Instead South Korea used its industrial trainee scheme which was originally intended to upgrade the skills of foreign workers employed abroad by overseas South Korean firms. In 2002, the government increased the number of industrial trainees under the foreign trainee program by 20,000, to 145,000. ... The presence of unauthorized foreign workers eventually caught the government's attention, and, in June 2002, it recognized the need to give temporary legal status to low-skilled foreign laborers for the first time. This initiative, known as the Employment Management System, was limited to temporary foreign workers in the service sector with Korean ancestors (mainly Chinese Koreans). Due to the program’s limited scope (in 2002, it issued 156 worker visas), it did not significantly decrease the number of unauthorized workers. In July 2003, the government introduced the Employment Permit System (EPS), a guestworker scheme, and the following year the Employment Management System and the EPS were made to operate side-by-side, with the government examining the number of workers in one when considering how many to admit into the other. ... When EPS was introduced, it gave many unauthorized foreign workers the opportunity to apply for a permit, depending on how long they had been in the country illegally. At the same time, unauthorized migrants who did not qualify for a permit were given a chance to leave the country without paying any fines. Foreign workers who had been in Korea for less than three years as of March 31, 2003 were able to stay for an additional two years at most. Those present for three to four years could leave Korea with an advance approval certificate to re-enter, and if they did so within three months of their departure, they could work for a maximum of five years, including their illegal stay in Korea. Those illegally present in Korea for more than four years were required to leave Korea or face deportation. This amnesty boosted the authorized foreign worker population by 57.2 percent—from 320,558 at the end of 2002 to 504,038 one year later.
  • Policy
  • Case Management
  • Case resolution
  • Undocumented or irregular migrants
  • All
  • Exceptional regularisation for migrants in Morocco
  • Morocco
  • Following the recommendations by the National Human Rights Council (CNDH) on 9 September 2013 and their endorsement by King Mohammed VI, the Moroccan Government announced that it would elaborate and implement a new asylum and migration policy in compliance with the country’s international obligations. One important aspect of the country’s new approach to migration has been the implementation of a one-time exceptional regularization process for irregular migrants, which started on 1 January 2014 and lasted until the end of 2014. Among 27,332 migrants from 116 countries, who applied to the Ministry of Interior for regularization, 17,916 were accepted, the majority being Senegalese (6,600) followed by Syrians (5,250). However, non-governmental organizations raised concerns over the strict criteria and evidentiary requirements for regularization, the insufficient training of the staff of the Office for Foreigner taking the applications, and the lack of consistent information on the appeals procedure.
  • Practice
  • Case Management
  • Case resolution
  • Undocumented or irregular migrants
  • All
  • Transit
  • Law prohibiting the detention of specific vulnerable groups in China
  • China
  • The People’s Republic of China’s (China) Exit and Entry Law, which came into effect on 1 July 2013, aims to limit the use of immigration detention for vulnerable individuals.

    The Exit and Entry Law excludes certain vulnerable migrants from detention including minors under 16 years of age, persons with disabilities, persons with serious illnesses, pregnant women, and those over 70 years of age.

    The Exit and Entry Law also contains provisions allowing refugees and asylum seekers to stay in China after obtaining an identification card from public security authorities.

    Additionally, the July 2012 revisions to the Procedural Provisions for the Handling of Administrative Cases by Public Security Organs also excludes other individuals from detention including: those who voluntarily ask for inspection by entry-exit department, pay fines, and buy tickets to voluntarily return to their home country; those who entered through irregular means and stayed, received no help from family members or embassies; survivors of trafficking; and foreigners married to Chinese nationals, especially those with children born in China.

    Note: section 61 of the Exit-Entry Administrative Law simply prohibits the detention of vulnerable groups for "investigation", but says their "activity scope" may be restricted, i.e. they may not leave the restricted locations without approval of authorities. The period for restricting activity scope is not to exceed 60 days. Unclear if these vulnerable groups can be detained for other reasons other than "investigation"
  • Law
  • Liberty
  • Prohibit the detention of vulnerable individuals
  • Undocumented or irregular migrants
  • Children
  • Elderly Persons
  • Pregnant and nursing mothers
  • Residence permits for people unable to depart the Netherlands
  • Netherlands
  • Migrants whose applications have been rejected, including irregular, undocumented or unreturnable people, can be granted a residence permit for a limited time if they are unable to leave the Netherlands through no fault of their own. The permit is granted on condition that the migrant leaves the Netherlands if this becomes possible at a later stage. After 3 years, the holder of the no-fault residence permit becomes eligible for another residence permit for limited time. The applicant has to meet four stringent cumulative requirements: (i) they must prove that they have tried independently to leave the Netherlands (ii) the International Organisation for Migration (IOM) must have indicated that it is not able to assist them in leaving due to lack of travel documents (iii) Dedication by the Return and Departure Services to obtain the necessary travel documents must have been unsuccessful (iv) the applicant must show that he or she cannot leave the Netherlands through no fault of his or her own.
  • Practice
  • Minimum Standards
  • Basic needs
  • Undocumented or irregular migrants
  • All
  • Temporary residence permits for people unable to depart Finland
  • Finland
  • Under Section 51 of the Aliens Act, aliens residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot actually be removed from the country. Temporary residence permits pursuant to Section 51 of the Aliens Act are granted for a period of one year at a time. Aliens granted temporary residence permits on such grounds have a restricted right to employment under Section 80, Paragraph 1, Subparagraph 6 of the Aliens Act. Pursuant to Se ction 54, Paragraph 5 of the Aliens Act, aliens who have been issued with a temporary residence permit under Section 51 be cause he or she cannot be removed from the country are issued with a continuous residence permit after a continuous residence of two years in the co untry if the circumstances on the basis of which the alien was issued with the previous fixed-term permit are still valid
  • Law
  • Minimum Standards
  • Formal status and documentation
  • Undocumented or irregular migrants
  • All