firewall between immigration authorities and public services is the safest way to ensure that
people can access their rights to healthcare, civil registration and other public services, free
from the fear of being subject to immigration enforcement actions in practice.488
Firewall between registry officials and immigration
authorities in Switzerland
In Switzerland, an Instruction to the Civil Registry Ordinance on the registration of
non-nationals explicitly prohibits public officials from reporting people with irregular
residence status to the migration authorities when registering births.499
Reporting of people with irregular residence status to immigration
authorities
Three countries in the Statelessness Index have mandatory measures in place that require
public officials to report certain immigration matters to the enforcement authorities (Belgium,
Germany and the UK). The fear that this creates among migrants with irregular residence
status can be a significant barrier to parents approaching public services to register births or
to accessing public health services to give birth, which can complicate the birth registration
process. In Belgium, public servants including civil registrars are required by law to report
undocumented migrants to the immigration authorities. Similarly, in Germany, registry
officials are required to report people subject to deportation, who breach geographic
restrictions or who have irregular residence status to immigration authorities.
Barriers to healthcare for undocumented migrants in
the UK
Health officials in the UK are required to report certain immigration matters to the
immigration authorities and undocumented migrants are subject to charging for
healthcare, which may combine to prevent them from accessing health services
and registering the birth of their child.
In Bulgaria and North Macedonia, although there are no mandatory reporting requirements,
health authorities may decide to report undocumented migrants to the authorities and there
are instances of this happening in practice.
8.
ACCESS TO LATE BIRTH REGISTRATION
Free and prompt birth registration should be assured in law and practice, even if the period
within which the birth should have been declared has expired, to ensure that no child is left
unregistered. Any barriers that might prevent access to late birth registration, such as financial
penalties, should be avoided.50