VZCZCXRO1131
PP RUEHIK
DE RUEHBS #0169/01 0411629
ZNR UUUUU ZZH
P 101629Z FEB 10 ZDK MULTIPLE SVCS
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC PRIORITY
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY

UNCLAS SECTION 01 OF 03 BRUSSELS 000169 
 
SENSITIVE 
SIPDIS 
 
STATE PASS TO PRM/MCE NED NYMAN, CA/P REBECCA DODDS, 
EUR/ERA ALESSANDRO NARDI. DHS PASS TO DHS/PLCY MIKE 
SCARDAVILLE. 
 
E.O. 12958: N/A 
TAGS: SMIG PREF CVIS KFRD KISL EUN
SUBJECT: THE MIGRATION DIALOGUE: A U.S.-EU JHA DELIVERABLE 
 
REF: A. 09 USEU BRUSSELS 1584 
     ¶B. 09 USEU BRUSSELS 1704 
     ¶C. USEU BRUSSELS 91 
     ¶D. 07 JANUARY 2010 USEU-STATE-DHS VIDEOCONFERENCE 
     ¶E. GENEVA 48 
 
BRUSSELS 00000169  001.4 OF 003 
 
 
¶1.  (U) This cable includes two action requests.  Please see 
paragraph 9. 
 
¶2.  (SBU) SUMMARY: On February 4, the USEU representatives 
from the Bureau of Population, Refugees and Migration (PRM), 
the Bureau of Consular Affairs (CA), and the Department of 
Homeland Security (DHS) met with representatives from the EU 
Presidency and Commission to map out necessary steps for the 
official launch of the U.S.-EU Migration Dialogue, viewed by 
the participants as a deliverable for the next JHA 
Ministerial in April.  The Presidency and Commission reviewed 
the five topics previously vetted in Washington and suggested 
one more that Member States are interested in exploring now, 
as well as six others for potential future development.  The 
group also discussed how to structure the dialogue.  The 
Commission aims to provide USEU a draft Terms of Reference by 
February 15 or 16, to be followed by a meeting on February 19 
to hone it for presentation to the Member States in 
mid-March.  At the February 19 meeting, the participants will 
also prioritize the joint projects under consideration. 
Given the timing, the Presidency is also interested in 
informal coordination with the United States in advance of 
the April steering committee meeting of the Global Forum on 
Migration and Development.  END SUMMARY 
 
------------------------- 
A MINISTERIAL DELIVERABLE 
------------------------- 
 
¶3.  (SBU) On February 4, the USEU representatives from PRM, 
CA and DHS met with Spanish Ambassador Maria Bassols, who 
chairs the EU Council Secretariat's High Level Working Group 
on Migration (HLWG), Marc Richir, Head of Unit for 
International Aspects of Migratory Policy at the Commission, 
as well as other EU Presidency and Commission 
representatives, to discuss progress made and next steps on 
the U.S.-EU Migration Dialogue (Refs A, B, C).  Ambassador 
Bassols and Marc Richir reiterated the Member States' 
enthusiasm for pursuing this Dialogue, and said they view the 
official launch of the Dialogue, marked by ministerial 
approval of the Terms of Reference, as a solid deliverable 
for the U.S.-EU JHA Ministerial on April 8-9 in Madrid. 
 
--------------------- 
FEEDBACK ON PROPOSALS 
--------------------- 
 
¶4.  (SBU) Richir then addressed each of the five areas for 
potential cooperation which had been vetted in Washington 
(Ref D) prior to being presented at the Senior Level Informal 
JHA planning meeting in Madrid (Ref C). 
 
-- On intercountry adoptions, the Member States sought 
clarity on how the United States viewed adoptions as a form 
of migration.  The USEU representatives explained the goal of 
delivering joint demarches encouraging third countries to 
accede to or enforce the provisions of the Hague Convention 
on Intercountry Adoptions, as well as developing common 
positions toward countries with serious adoption fraud 
concerns.  All of these measures help prevent trafficking in 
children, which is a form of migration, albeit illegal and 
involuntary.  Recent questions and concerns about loosening 
international adoption procedures for children orphaned in 
the 12 January earthquake in Haiti highlight the importance 
of this issue and its relevance to the Migration Dialogue. 
The USEU team cited the recent series of U.S.-EU joint 
demarches to third countries on the Hague Convention on 
Preventing International Parental Child Abduction as a 
positive example of what can be accomplished together. 
 
-- On anti-fraud training, the Member States asked for more 
details.  The USEU reps outlined the possibilities of 
cross-training between U.S. and EU officials (also drawing on 
the expertise of Member States), as well as the prospect of 
developing joint training programs for use in third 
countries.  Substantively, the training could extend beyond 
traditional travel document fraud, to include detecting a 
whole range of malfeasance, such as fraudulent identities, 
family relationships, or work histories.  The Commission reps 
suggested their programs through "MIEUX" could be a potential 
vehicle for such joint training.  (NOTE: MIEUX stands for 
 
BRUSSELS 00000169  002.2 OF 003 
 
 
"Migration: EU Expertise." It is a joint initiative by the EU 
and the International Centre for Migration Policy Development 
(ICMPD) to support third countries in addressing irregular 
migration and mixed migratory flows as a part of a 
comprehensive approach to migration management.  While Richir 
said that MIEUX could have an anti-fraud component, the types 
of technical assistance listed on their website indicate that 
MIEUX may be better suited to the migration capacity building 
proposal below. END NOTE) 
 
-- On developing migration capacity in third countries, the 
Member States were pleased by the potential for concrete 
projects in this area.  They would welcome an initial 
exchange of views on hotspots such as Libya and the Horn of 
Africa, potentially including countries in West Africa and 
Latin America, to explore where best to direct these efforts. 
 They are also interested in learning the extent to which the 
United States is already providing technical or financial 
assistance to improve migration capacity in third countries. 
 
-- On sharing information on the U.S. refugee resettlement 
program, the Member States saw this as very beneficial to 
their own efforts to establish a more robust EU refugee 
resettlement plan, and opined that it could be an area for 
even deeper cooperation.  (NOTE: This information sharing is 
already underway with other EU institutions.  In addition to 
efforts at post, PRM/A is working with DHS and HHS colleagues 
to prepare a videoconference on resettlement with members of 
the European Parliament. END NOTE) 
 
-- On consultations on multilateral migration fora, the 
Member States were in favor.  This will enable coordinated 
responses to issues of mutual concern such as proposals to 
create new normative institutions for global migration 
"governance" (Ref E).  Given that the Dialogue will not be 
officially launched until the JHA Ministerial in April, the 
USEU team asked whether it would be possible to confer in 
advance of the next steering committee meeting for the Global 
Forum on Migration and Development, also in April. 
Ambassador Bassols agreed that it could be very useful to 
confer informally now, acknowledging that more detailed 
modalities for regular consultation under the Dialogue can be 
worked out later. 
 
-------------------------------------------- 
EU tables additional topics for the Dialogue 
-------------------------------------------- 
 
¶5.  (SBU) In addition, the Member States proposed looking 
jointly at returns and readmissions, as they seek to learn 
how other destination countries manage.  The DHS Attache 
explained that the United States does not use readmission 
agreements as the EU does, but instead relies on a 
combination of international law, policy tools, and 
technology.  The Commission and Presidency reps were very 
interested in learning about the U.S. approach as they 
examine their own policies.  The DHS Attache also explained 
the work in the United States on detention of illegal 
immigrants, and the appropriate standards for such detention. 
The EU expressed interest in this as a possible aspect of a 
returns discussion.  Member States also offered the following 
topics for possible future development: labor migration and 
the impact of the financial crisis; integration and 
anti-radicalization; student visa regimes; migration as a 
tool of development; an action plan for unaccompanied minors; 
and transatlantic mobility. 
 
------------------------- 
NOT YOUR TYPICAL DIALOGUE 
------------------------- 
 
¶6.  (SBU) The group then brainstormed about the best 
structure for the Dialogue, acknowledging that the typical 
format of high-level representatives meeting for regularly 
scheduled discussions would not fulfill its purpose of joint 
action.  The USEU reps proposed the Dialogue as an umbrella 
structure providing planning and oversight for the range of 
different projects, with format and participation determined 
by the project.  Ambassador Bassols proposed a Steering 
Committee in Brussels to plan and oversee the range of 
projects, as directed by capitals.  The Steering Committee 
could consist of a group similar to those present for the 
February 4 meeting, namely the USEU migration team and the 
Commission and Presidency representatives of the High Level 
Working Group on Migration. 
 
---------- 
 
BRUSSELS 00000169  003.2 OF 003 
 
 
NEXT STEPS 
---------- 
 
¶7.  (SBU) Based on these discussions, the Commission will 
draft the terms of reference (TOR) to define the purpose of 
the dialogue and outline its proposed structure.  It will 
reference examples of the types of projects to be undertaken, 
without making specific commitments.  Richir's office aims to 
provide USEU with a draft TOR by February 15 or 16.  The USEU 
migration team will seek guidance from Washington, and then 
meet with the EU reps again on February 19, to hone the 
language in time for Ambassador Bassols to present it for 
Member State approval in the HLWG meeting mid-March.  When 
the language is approved by Washington and the Member States, 
it will be presented for Ministerial approval at the JHA 
Ministerial April 8-9.  At the February 19 meeting, 
participants will also prioritize the projects under 
consideration. 
 
¶8.  (SBU) To ensure continuity and durability of the 
Dialogue, the Spanish Presidency will engage the Belgians who 
assume the rotating presidency on July 1. (NOTE: USEU 
endorses a strong role in the Dialogue for the rotating 
presidency as it chairs the High Level Working Group. In 
discussions with the Canadian Mission, USEU has learned about 
shortcomings in structuring migration talks with only the 
Commission. END NOTE) 
 
¶9.  (SBU) ACTION REQUESTS: 1) PRM please advise USEU 
regarding any preferences for how the Bureau would like to 
confer informally with EU partners in advance of the GFMD 
Steering Committee meeting in April.  2) PRM, CA, DHS and EUR 
please provide feedback on the EU proposal for a returns 
policy discussion, to include info sharing on how the United 
States facilitates returns without readmission agreements, as 
well as examining the role of, and appropriate standards for, 
detention of illegal immigrants. 
 
Kennard 
.