Irregular Migrants in Europe : Deprivation of Status as a Type of State-Imposed Vulnerability

Irregular migrants are undoubtedly a vulnerable group from a factual point of view. Nonetheless, whether they can be conceptualised as a vulnerable group, from a legal point of view under European law, remains a much more debated issue. The legal implications of the recognition of a vulnerable group, from a legal point of view, are far-reaching, and seem to be somewhat at odds with the policy objective of fighting illegal migration. With a focus on this tension, this chapter will provide a systematic and critical account of the legal engagement of the Council of Europe and the European Union with the status of irregular migrants, as a different and autonomous issue with respect to the 'fight against illegal migration'