EU agrees tough penalties for migrant smuggling crimes

Justice ministers from EU countries met in Brussels to harmonize regulations regarding penalties for smuggling migrants. Hungarian Minister of Justice Bence Tuzson emphasized that recognizing this practice as a crime throughout the Union will be groundbreaking.

The proposed directive stipulates that deliberately helping citizens of third countries enter, transit, or reside illegally in the EU in exchange for material benefits will be considered a crime.

The following penalties are proposed:    

• At least 3 years in prison - if the smuggling is conducted by individuals.
• At least 8 years in prison - if the smugglers operate within an organization or use severe violence against migrants.
• At least 10 years in prison - if the crime results in the death of a migrant.

In contrast, if businesses are involved in smuggling, they would face financial penalties amounting to a specific percentage of the company's total global turnover, or a fixed penalty of 42 million dollars.

The regulations also include a humanitarian clause as requested by the European Commission. It pertains to situations where assistance to migrants is provided by close family members or aims to meet their basic life needs. Such actions will not be considered smuggling offenses, but the final decision will be up to the member states.

The position of the member states will now be negotiated with the European Parliament.

According to data from the EU Council, 380,000 cases of illegal border crossings were recorded in 2023. Europol estimates that over 90 percent of migrants with irregular status used the services of smugglers. Smuggling organizations earn between 4.7 to 6 billion dollars annually from this practice, as reported by the UN.