OIM - Legal identity migrants

DETERMINING THE LEGAL IDENTITY

OF MIGRANTS WITHOUT PROOF OF LEGAL IDENTITY Standard Operating ProceduresThe opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the publication do not imply expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants.

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Email: hq@iom.int Website: www.iom.int PUB2024/068/R International Organization for Migration (IOM) (2025). Standard Operating Procedures: Determining the Legal Identity of Migrants Without Proof of Legal Identity. IOM, Geneva.

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Website: www.iom.int PUB2024/068/R International Organization for Migration (IOM) (2025). Standard Operating Procedures: Determining the Legal Identity of Migrants Without Proof of Legal Identity. IOM, Geneva.

ISBN 978-92-9268-885-1 (PDF) Cover photos: Korea Visa Application Centre front office in Mongolia. © IOM 2020. Visa collection. © IOM 2019/Muse Mohammed. Biometrics collection at a Canada Visa Application Centre. © IOM 2019/Muse Mohammed. IOM Staff members are checking lists to verify which refugees will be travelling to the processing centre. © IOM 2015/Muse Mohammed This publication was issued without formal editing by IOM.DETERMINING THE LEGAL IDENTITY OF MIGRANTS WITHOUT PROOF OF LEGAL IDENTITY Standard Operating ProceduresDetermining the legal identity of migrants without proof of legal identity II

LIST OF TABLES

LIST OF ACRONYMS

1. INTRODUCTION 1.1 Purpose of the Standard Operating Procedures 1.2 Scope and applicability

1.3 Definitions

2. LEGAL AND POLICY CONSIDERATIONS 2.1 International human rights standards 2.2 National legislation and policies 2.3 Data protection and privacy 2.4 Ethical considerations

3. REGISTRATION PROCESS 3.1 Initial screening 3.2 Initial data collection 3.3 Interview procedures for other data collection 3.4 Biometric data collection

4. PROCEDURES FOR VERIFICATION OF OBTAINED INFORMATION 4.1 Steps for information verification 4.2 Handling of conflicting information 4.3 Procedures for addressing language barriers 4.4 Sensitive data handling 4.5 Handling of special cases including children and victims of trafficking 4.6 Ethical considerations 4.7 Consulting with external sources

5. INTER-AGENCY COOPERATION 5.1 Working with local and national agencies

5.2 International cooperation and data-sharing

6. HUMAN AND TECHNICAL RESOURCES 6.1 Responsibilities of front-line staff 6.2 Responsibilities of supervisory staff 6.3 Responsibilities of management 6.4 Equipment and supplies 6.5 Location and facilities

IV V 1 2 2 3 6 7 8 9 10 11 12 14 19 20 24 25 30 31 33 35 36 36 38 39 40 42 43 43 44 45 46

CONTENTSIII

7. CONTINUOUS IMPROVEMENT 7.1 Periodic review and update of procedures 7.2 Quality assurance mechanisms 7.3 Performance indicators 7.4 Training and capacity development 7.5 Training needs assessment

8. SAMPLE FORMS AND TEMPLATES 8.1 Initial migrant screening form 8.2 Orientation and consent form 8.3 Identity verification form (document-supported) 8.4 Initial identity verification form (declaration-based)

48 49 49 50 51 52

53 54 55 56 57

CONTENTSDetermining the legal identity of migrants without proof of legal identity IV LIST OF TABLES Table 1. Interview questions to establish name and surname Table 2. Assessing specific citizenship Table 3. Circumstances of arrival Table 4. Third-party corroboration Table 5. Personal narrative Table 6. Preliminary risk assessment Table 7. Immediate family members Table 8. Family history Table 9. Marital status Table 10. Children Table 11. Pre-collection preparations Table 12. Procedures for dealing with language barriers Table 13. Sensitive data handling Table 14. Handling of special cases 15 16 16 17 17 18 19 19 20 20 22

32 34 35V LIST OF ACRONYMS CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CERD Convention on the Elimination of All Forms of Racial Discrimination CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CSOs Civil society organizations ICAO International Civil Aviation Organization ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights INTERPOL International Criminal Police Organization IOM International Organization for Migration ISO International Organization for Standardization MRZ Machine Readable Zone NGO Non-Governmental Organization SOPs Standard operating procedures UDHR Universal Declaration of Human Rights UN United Nations UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children's Fund UPS Uninterrupted Power Supply LIST OF USED ACRONYMSDetermining the legal identity of migrants without proof of legal identity 1

1. INTRODUCTION

Brazil Visa Application Centre in Haiti. © IOM 20192

INTRODUCTION

Global migration has increased in absolute terms over recent decades, with over 281 million international migrants worldwide as of 2020.1 Many migrants cross borders without proof of legal identity documents, leaving them particularly vulnerable to human rights violations, including discrimination, and restricted access to essential services, such as health care, education and legal protection. A lack of legal identity can also limit access to regular pathways for migration, complicating migrants’ situation in origin, transit, or destination countries. A broad range of international law instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Convention on the Rights of Persons with Disabilities (CRPD), recognize the right to legal identity. Legal identity is also emphasized in international frameworks such as the Sustainable development Goals (SDG), particularly Goal 16.9, which aims to provide legal identity for all, including birth registration, by 2030. The Global Compact

Convention on the Rights of Persons with Disabilities (CRPD), recognize the right to legal identity. Legal identity is also emphasized in international frameworks such as the Sustainable development Goals (SDG), particularly Goal 16.9, which aims to provide legal identity for all, including birth registration, by 2030. The Global Compact for Migration (GCM) Objective 4 emphasizes the importance of ensuring that all migrants have proof of legal identity and adequate documentation. These instruments call on States to respect, protect, and fulfill the rights and dignity of all individuals, regardless of their documentation status, ensuring that no one is left behind. 1.1 PURPOSE OF THE STANDARD OPERATING PROCEDURES Identifying migrants without proof of legal identity is complex, compounded by numerous procedural pathways and intersecting legal frameworks. T o streamline this process, IOM has developed standard operating procedures (SOPs) that offer a step-by-step guide, aiming for uniformity, efficiency, and adherence to international law standards, while addressing the ethical dimensions intrinsic to this work. Adaptable to various national contexts, the SOPs accommodate specific legislative and operational needs/ requirements and are designed for a wide array of stakeholders, including immigration and border authorities, law enforcement, refugee and asylum organizations, health-care providers and other key entities. By defining the roles and responsibilities of each party, the SOPs support a coordinated, collaborative approach to migrant identification and verification. Moreover, the SOPs foster inter-agency cooperation and emphasize continuous improvement. Acknowledging the fluid nature of migration, the procedures encourage periodic review, ongoing training and quality assurance, ensuring that they remain effective and responsive to evolving migration needs and challenges.

1.2 SCOPE AND APPLICABILITY

The SOPs encompass a broad range of processes required to establish and verify the legal identity of migrants without documentation. These processes can include: Initial contact and screening: Procedures for the first interaction with migrants, including assessing immediate needs and determining eligibility for regular migration pathways.

Data collection: Gathering personal information, biometric data and other relevant details through document-supported and declaration-based forms.

Identity verification: Using various methodologies, including biometric data and third-party corroboration, to verify the migrant’s claimed identity.

needs and determining eligibility for regular migration pathways.

Data collection: Gathering personal information, biometric data and other relevant details through document-supported and declaration-based forms.

Identity verification: Using various methodologies, including biometric data and third-party corroboration, to verify the migrant’s claimed identity.

McAuliffe, M. and L.A. Oucho (eds.)(2024). World Migration Report 2024. IOM, Geneva.1Determining the legal identity of migrants without proof of legal identity 3 The SOPs outline key legal, ethical and technical considerations critical to the identity verification process. This includes adherence to international law instruments, data protection laws and established best practices for managing sensitive personal data. The document specifies the safeguards necessary to uphold the rights of migrants, ensuring the protection of their privacy, preventing discrimination and facilitating access to justice. It also addresses the technical standards for biometric data collection, document security and the interoperability of identity systems with national and international databases. The SOPs provide a flexible framework for countries to develop procedures suited to their legal and administrative systems. They ensure transparent and consistent practices in migrant interactions, covering data collection and verification while allowing for adaptation to national regulations. Special attention is given to vulnerable groups, such as children and victims of trafficking, with an emphasis on inter-agency collaboration. The SOPs outline the roles of personnel at all levels, from front-line staff to management, ensuring coordination and accountability. While they establish guiding principles, they remain adaptable to national roles and hierarchies. The SOPs also emphasize training and capacity development, ensuring that national contexts and operational requirements are reflected in implementation. 1.3 DEFINITIONS Asylum: The grant, by a State, of protection on its territory to persons outside their country of nationality or habitual residence, who are fleeing persecution or serious harm or for other reasons. Asylum encompasses a variety of elements, including non‐refoulement, permission to remain on the territory of the asylum country, humane standards of treatment and eventually a durable solution.

Biometrics: An automated means of identifying an individual through the measurement of distinguishing physiological or behavioural traits such as fingerprints, facial features, iris patterns, retina or ear characteristics.

humane standards of treatment and eventually a durable solution.

Biometrics: An automated means of identifying an individual through the measurement of distinguishing physiological or behavioural traits such as fingerprints, facial features, iris patterns, retina or ear characteristics.

Nowadays, it is used also as a synonym for “biometric identifiers”, which are pieces of information that represent a person’s unique biological make up (e.g. fingerprints, retinal scans or voice scans).

Case management: The administration and oversight of a migrant’s entire migration process by qualified caseworkers which involves guidance, monitoring, advocacy and referrals.

Civil registration system: The system used by governmental authorities to perform the continuous, permanent, compulsory and universal recording of vital events about the population in a country, including births, deaths, marriages and divorces.

Contact information: Details such as permanent and temporary addresses, phone numbers and email addresses used for ongoing communication and follow-ups with the migrant.

Country of origin: In the context of migration, a country of nationality or former habitual residence of a person or group of persons who have migrated abroad, regardless of whether they migrate regularly or irregularly.

Cultural mediators: Professionals trained in interpreting languages and cultural practices and norms of diverse communities. They facilitate communication and understanding during migrant interviews and orientation.

Declaration-based form: A standardized application used when a migrant lacks documents to support their identity and State authorities must rely solely on self-declaration of biographical details.

Document verification: The process undertaken by officials to authenticate the migrant’s documentary evidence, check security features, and confirm that no alterations were made, ensuring the integrity of the documents.

Document-supported form: A standardized application used during migrant data collection when the individual can provide supporting documentation such as passports, IDs, or birth certificates, to verify their identity claims.4

INTRODUCTION Documentary evidence: Official documents such as passports, national IDs, birth or marriage certificates and licenses, presented by the migrant to validate their identity claims. These are critical for document-supported applications.

Family information: Key details about a migrant’s immediate family members, including names, ages, locations and contact information. These are useful for verification and options such as family reunification.

Identity verification: The process of confirming and validating a person’s claimed identity through various

applications.

Family information: Key details about a migrant’s immediate family members, including names, ages, locations and contact information. These are useful for verification and options such as family reunification.

Identity verification: The process of confirming and validating a person’s claimed identity through various means, including checking documents, databases, biometric data and testimonies.

Initial screening: The first interview conducted with a migrant arriving without legal documentation or status.

It involves gathering information to ascertain the migrant’s identity, immediate needs and intent, and eligibility for a migration pathway. Migrant in an irregular situation: A person who moves or has moved across an international border and is not authorized to enter or to stay in a State pursuant to the law of that State and to international agreements to which that State is a party.

Laissez-passer: A travel document issued in exceptional circumstances by the consular officials to nationals of the country or to nationals of other States. It may also refer to a travel document issued by an international organization to its civil servants.

Legal identity: According to the United Nations operational definition, legal identity refers to the basic characteristics of an individual’s identity, e.g. name, sex, place and date of birth conferred through registration and the issuance of a certificate by an authorized civil registration authority following the occurrence of birth. In the absence of birth registration, legal identity may be conferred by a legally recognized identification authority.

This system should be linked to the civil registration system to ensure a holistic approach to legal identity from birth to death. Legal identity is retired by the issuance of a death certificate by the civil registration authority upon registration of death.

Migrant: An umbrella term, not defined under international law, reflecting the common lay understanding of a person who moves away from his or her place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons.

National legislation: Laws enacted by the legislative authority of a country that establish the legal framework for the functioning of the State across all sectors.

Orientation: An information session detailing the various options and procedures for migrants to obtain legal status or valid documentation (known as regularization). It typically involves explaining the criteria for pathways,

National legislation: Laws enacted by the legislative authority of a country that establish the legal framework for the functioning of the State across all sectors.

Orientation: An information session detailing the various options and procedures for migrants to obtain legal status or valid documentation (known as regularization). It typically involves explaining the criteria for pathways, such as asylum or temporary permits, as well as outlining documentation requirements and application processes.

Personal data: Any information relating to an identified or identifiable natural person who can be directly or indirectly identified by reference to identifiers including name, identification number, location data and online identifier.

Personal information: Basic biographical data including full name, date and place of birth, gender, marital status and nationality. This information is used to establish core identity particulars.

Regularization: Any process or programme by which the authorities of a State allow non-nationals in an irregular situation to stay lawfully in the country by granting them regular status.

Statelessness: The condition of an individual who is not considered a national by any State under its laws. Stateless people often face challenges accessing rights and services due to a lack of nationality and identity documentation.Determining the legal identity of migrants without proof of legal identity

5

T emporary protection: Arrangements developed by States to offer protection of a temporary nature, without prior individual status determination, to persons fleeing from situations of conflict, generalized violence, disasters or other humanitarian crises, including persons who do not have access to protection under the 1951 Convention relating to the Status of Refugees.

Third-party corroboration: The verification of a migrant’s identity and claims by external contacts, such as family, friends, employers and religious leaders, who can vouch for the person. This provides additional credibility.Determining the legal identity of migrants without proof of legal identity

6

LEGAL AND POLICY

CONSIDERATIONS

2. Immigration officer processing travel documents. © IOM 2002/Robert BEECHEY7 LEGAL AND POLICY CONSIDERATIONS A foundational human rights framework is provided by the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. It enshrines basic rights for all human beings such as

LEGAL AND POLICY CONSIDERATIONS A foundational human rights framework is provided by the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. It enshrines basic rights for all human beings such as equality before the law, freedom from discrimination, and the rights to life, to family life, to leave any country and enter one’s country of nationality, to shelter, health, work, education and an adequate standard of living. 2 As a milestone human rights document, the UDHR protects fundamental freedoms and entitlements for every person by virtue of their humanity alone, not contingent on citizenship, legal status or proof of identity. Human Rights are inalienable, meaning they cannot be renounced or taken away from an individual. The International Covenant on Civil and Political Rights (ICCPR)3 and the International Covenant on Economic, Social and Cultural Rights (ICESCR),4 both adopted in 1966, further codify these rights into binding treaties for State parties who have ratified them. The core international human rights treaties affirm that human rights apply universally and equally to all persons within a State’s territory or jurisdiction. Article 2 of both the ICCPR and ICESCR explicitly prohibits discrimination based on national or social origin, or other status, in the application of rights. Therefore, migrants without proof of identity remain rights holders entitled to all human rights contained in both covenants on a par with citizens. States have an obligation to respect, protect and fulfill the human rights of all migrants regardless of their documentation status. The 1990 United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families reinforces this non-discrimination principle.5 It calls for treatment of documented and undocumented migrants on an equal footing in relation to a broad range of civil, political, economic and social rights (United Nations General Assembly, 1990). Other core United Nations’ treaties like the Convention on the Elimination of All Forms of Racial Discrimination (CERD),6 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),7 Convention on the Rights of the Child (CRC),8 and Convention on

the Elimination of All Forms of Racial Discrimination (CERD),6 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),7 Convention on the Rights of the Child (CRC),8 and Convention on the Rights of Persons with Disabilities (CRPD)9 prohibit discrimination on various grounds, including national origin and “other status”, which have been interpreted to encompass migrant status in relevant General Comments and Recommendations.10 Regional treaties and national laws also enshrine fundamental rights and freedoms for all persons regardless of migration or documentation status. For instance, the American Convention on Human Rights upholds rights like right to life, humane treatment, personal liberty, due process and freedom from arbitrary detention for “all persons” subject to State jurisdiction.11 The European Convention on Human Rights protects basic liberties for “everyone” within member States’ jurisdiction, documented or undocumented.12 Many countries’ constitutions also guarantee fundamental freedoms and entitlements universally to “all persons” rather than only citizens. United Nations (1948). Universal Declaration of Human Rights. United Nations General Assembly (1966a). International Covenant on Civil and Political Rights. United Nations General Assembly(1966b). International Covenant on Economic, Social and Cultural Rights. United Nations General Assembly (1990). International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. United Nations (1965). International Convention on the Elimination of All Forms of Racial Discrimination. www.ohchr.org/en/instruments-mechanisms/ instruments/international-convention-elimination-all-forms-racial. United Nations (1979). Convention on the Elimination of All Forms of Discrimination Against Women. United Nations (1989). Convention on the Rights of the Child. United Nations (2006). Convention on the Rights of Persons with Disabilities. See CERD General Recommendation No. 30 (2004) on Discrimination Against Non-Citizens, UN Doc. CERD/C/64/Misc.11/rev.3 (2004); CEDAW

General Recommendation No. 26 (2008) on Women Migrant Workers, UN Doc. CEDAW/C/2009/WP.1/R (2008); CRC General Comment No. 6 (2005) on the Treatment of Unaccompanied and Separated Children Outside Their Country of Origin, UN Doc. CRC/GC/2005/6 (2005); and CRPD Article 5 (Non-Discrimination), UN Doc. A/61/611 (2006). Organization of American States (1969). American Convention on Human Rights. Council of Europe (1950). European Convention on Human Rights.

2.1 INTERNATIONAL HUMAN RIGHTS STANDARDS

2 3 4 5 6 7 8 9 11 12 10Determining the legal identity of migrants without proof of legal identity 8 International human rights bodies like United Nations’ treaty monitoring committees consistently call on States to ensure human rights apply equally to migrants despite status. The Human Rights Committee’s General Comment 15 on non-citizens notes that while States can regulate entry and stay of migrants, human rights protections cover anyone in a State territory or subject to its jurisdiction.13 The Committee on Migrant Workers affirms that migrants without documents remain rights holders and any restrictions on their rights must be proportional, pursue legitimate aims and consider individual circumstances.14 In line with these international law standards, States should ensure that a lack of valid identity documentation does not deprive migrants of their fundamental rights or lead to discrimination in accessing essential services. All migrants should enjoy equality before the law, the right to life, liberty and security, freedom from arbitrary arrest or detention, due process guarantees, and access to health care, adequate housing, education and fair working conditions, on a par with citizens and documented migrants. Targeted support services may be needed to enable undocumented migrants to realize these rights in practice. No one should be denied emergency medical care, shelter, food, water or sanitation due to a lack of paperwork. Children have a right to birth registration, health care, education and other necessities regardless of parentage or status. While States retain the authority to regulate borders and entry requirements, enforcement measures must

shelter, food, water or sanitation due to a lack of paperwork. Children have a right to birth registration, health care, education and other necessities regardless of parentage or status. While States retain the authority to regulate borders and entry requirements, enforcement measures must not violate migrants’ rights by using identity checks in an arbitrary, discriminatory or disproportionate manner. Forcibly returning or detaining migrants without considering individual protection needs or barriers to acquiring documents would contravene the prohibition on refoulement, the right to seek asylum, the right to liberty and security of person, and due process safeguards. IOM recognizes that States, as duty bearers, hold the primary responsibility to respect, protect and fulfil the rights of all persons who find themselves within the State’s jurisdiction or effective control, and where appropriate, their nationals abroad, in accordance with international, regional and national law. 2.2 NATIONAL LEGISLATION AND POLICIES National legislation and policies play a pivotal role in dictating the mechanisms through which migrants can establish their legal identity and secure the necessary identity documents. These legislative and policy frameworks provide the formal structure and specific criteria that determine migrants’ access to identity registration, verification and recognition within a given State. The foundational basis of any national approach to identity management for migrants lies in the country’s constitution, migration laws, civil registration laws and harmonization of national legislation to international law standards. These laws often define who is recognized as a citizen or a legal resident and under what circumstances. Moreover, they specify the rights and entitlements of these individuals, including the right to obtain identity documents. Subsequent policies, regulations and administrative decrees must be aligned with national and international law, and provide detailed guidelines on the specific procedures migrants must follow to establish their legal identity. For instance, they may specify the documentation required, designate responsible governmental departments, and provide timelines for processing. In many countries, national strategies also encompass biometric registration systems, which utilize technological solutions like fingerprinting, facial recognition and iris scanning to uniquely identify and verify individuals. Moreover, national policies can create specific pathways for different groups of migrants. For refugees and

and provide timelines for processing. In many countries, national strategies also encompass biometric registration systems, which utilize technological solutions like fingerprinting, facial recognition and iris scannin