Hope for the "Invisible" of Society

Among the nearly three million immigrants living in Spain, many still have no residence or work permit. The Zapatero government has decided to finally get a grip on this problem and has begun a new program to legalize immigrants. By Gina Pellarini

The number of immigrants in Spain has tripled to almost three million in less than five years. They currently make up around seven percent of the total population and come from North Africa, South America, and also from former Eastern block countries. They have made their way to Spain in search of work and a better life.

Yet, nearly half of all immigrants are living here illegally. They are labeled "sin papeles," "paperless" or the "invisible." They possess neither residence nor work permits.

The Socialist government now wants to reform the Aliens' Law. It initiated an extraordinary legalization period lasting three months, beginning early February and ending at the start of May. With this reform, the government has set its sights on one goal in particular – the fight against the underground economy.

Immigrants have welcomed the program, and are filled with hope that they can emerge from illegality and finally receive work and residence permits. Yet, the bureaucracy has placed many hurdles in their path.

Great hurdles for "illegal" immigrants

Exactly a year and a half ago, Mohammed Cherkawis' life changed radically. The Moroccan succeeded in secretly boarding a passenger ship sailing from Tangier to the southern Spanish city of Algeciras.

The 21-year-old possessed only the clothing on his back and enough money for a bus ticket. The desired destination was Barcelona, some 1000 kilometers away. He currently lives there with his aunt and uncle.

The former mathematics student belongs to the more than one million illegal immigrants estimated to be living in Spain. They work in construction, agriculture, in the hotel and restaurant sector, and in private homes. They take on the jobs that Spaniards refuse, either because they are too strenuous or poorly paid.

Mohammed Cherkawi is now trying to legalize his residence status. Since the beginning of February, the Socialist government of José Luis Rodríguez Zapatero has initiated a three month long legalization period for illegal immigrants.

Yet the hurdles involved in legalizing one's residence status are immense. "You need an official registration document confirming that you have lived in the country for at least six months, a certificate of good conduct issued by the police, and an employment contract," said Mohammed Cherkawi.

A thousand euros under the table

Cherkawi and most of his Moroccan friends and acquaintances cannot fulfill these prerequisites. The first major problem begins with officially registering your home address. "I have many friends, who for weeks or months have paid 100 to 200 euros to rent a bed or room," explained the young Moroccan. The landlords don't allow the immigrants to register under their address. As a result, many live and work more than three years in Spain without registering.

The second problem is getting an employment contract. Mohammed Cherkawi has worked illegally since his arrival, delivering newspapers or helping on construction sites.

He had to lug bags of cement and says that he was well paid for the work. The salary was 1000 euros a month – under the table. His employer refuses to give him an employment contract to this day.

For these reasons, Mohammed views the legalization phase as being unfair. "Many have only a registration document, but no work contract. Others have the work contract, but no registration."

Mohammed needs an employment contract that is binding for at least six months before he can apply to the authorities for legalization.

NGOs criticize immigration policies

Although the government consulted with unions and employers' associations last year before starting the legalization process on February 7, 2005, many human rights organizations have criticized immigration policies.

One such organization is SOS Racism, which has its headquarters in Barcelona's historic city center. According to Begoña Sánchez, press spokesperson for SOS Racism, the government initiative is only a short-term solution to the immigration problem. "The legalization phase is wrong from the very start," she complained.

The government's aim is first and foremost to combat the underground economy. The position of SOS Racism is that this process must be conducted in a socially just manner. Illegal immigrants in Spanish society are invisible, second-class persons, who are exploited and defenseless.

The main goal of immigrants is to "have papers," in other words, to have their residence status settled. Above all, this means the opportunity to travel back to their country of origin and visit family. On the other hand, others are thinking of bringing their relations to Spain once they themselves have legalized their residence status.

In Mohammed Cherkawi case, legalization primarily means the right to security. If someone attacks him, he is unable as an "illegal" to press charges. The police would either send him home or perhaps even have him deported.

A sluggish legalization process

The preconditions for obtaining residence status are too restrictive, claims SOS Racism. The group is therefore pressing for an easing of the rules in order for legalization to produce the results desired by the government.

In mid-January, the Ministry of Labor estimated that some 800,000 "illegal" immigrants could settle their residence status within the legalization phase.

Yet, up until now, only about 130,000 applications have been registered with the authorities nationwide. The majority of applications come from South American migrants, primarily Ecuadorians and Columbians, followed by Moroccans, who, with a total of 15 percent, represent the second largest group of applicants.

In light of this development, the government is threatening employers with high fines should they continue to employ illegal workers after May 7, the official end of the program.

Mohammed Cherkawi knows, of course, that it is much more lucrative for employers to hire immigrants without a contract. Friends have also told him that their bosses have taken advantage of this situation.

In some cases, proper employment papers were only issued after immigrants were forced to pay bribes of between 4000 and 5000 euros. Unions have reported cases in which "illegals" have been fired on the spot.

Mohammed Cherkawi, however, remains optimistic. Someday he will obtain the desired papers. Now, when he looks back at all that has happened, he has no regrets. Persistence has paid off.

"At least I have my registration papers," he said smiling. And, in the hope of someday getting a proper job, he has signed up for a free hotel and restaurant training course offered by the trade union. "Afterwards, I will complete a traineeship. Then, perhaps, I can someday get an employment contract. Someday. I am certain."

Gina Pellarini

Translation from German: John Bergeron