In response to the administrative shortcomings highlighted by the Public Prosecutor’s Office, Léon Gloden announced an internal audit of the General Department of Immigration (DGIM). (Photo: Paperjam/archive)

In response to the administrative shortcomings highlighted by the Public Prosecutor’s Office, Léon Gloden announced an internal audit of the General Department of Immigration (DGIM). (Photo: Paperjam/archive)

According to the Public Prosecutor’s Office, more than 200 third-country nationals are believed to have obtained residence permits on the basis of forged documents. The case highlights shortcomings in administrative checks and has led the home affairs minister, Léon Gloden, to order an audit of the General Department of Immigration (DGIM).

A judicial investigation launched in 2023 into a vast illegal immigration network took a new turn on 7 July. The Luxembourg Public Prosecutor’s Office (PPO) has carried out simultaneous searches at both the interior and the research and higher education ministries, five companies and the homes of several individuals suspected of having participated in an organised immigration fraud scheme.

The judicial investigation concerns alleged offences of corruption, influence-peddling, money laundering, forgery and the use of forged documents, subsidy fraud, the smuggling of migrants and breaches of immigration legislation. Three further arrest warrants have been executed. A total of 25 people have now been charged in connection with this case.

Administrative failings at the heart of the system

Beyond the legal aspects, the PPO statement highlights, above all, the weaknesses in Luxembourg’s administrative system. According to investigators, the network is said to have exploited the lack of adequate checks during registration in municipal registers. Fictitious addresses were provided in return for payment to enable the administrative registration of third-country nationals.

These applications were then supplemented by other fraudulent documents: employment contracts with no economic basis, fake accredited qualifications and forged language certificates. Taken together, these are believed to have enabled more than 200 applicants to obtain a residence permit in Luxembourg before wrongfully claiming various social security benefits. The exact amount of the financial loss has yet to be determined.

The PPO goes even further by publicly expressing regret that it has no legal basis for passing on the identities of fraudsters to the relevant government departments in order to stop the payment of unduly claimed social security benefits. This is an unusual statement that has reignited the debate on the exchange of information between the judiciary and government departments.

The government responds

In view of the seriousness of the alleged offences, the home affairs minister, Leon GlodenLeon Gloden (CSV), has announced the launch of an internal audit within the General Department of Immigration (DGIM). The ministry states that it is cooperating fully with the judicial authorities, whilst emphasising that it will not comment on the substance of the case whilst the investigation is ongoing. It also gives an assurance that it is taking “all necessary measures” to ensure the smooth running of the administration and reaffirms its commitment to combating all forms of fraud.

This new operation is the 12th search carried out since 2023 at the DGIM, a sign that the civil service remains at the centre of the investigations.

Higher education ministry statement

The research and higher education ministry, which was also the subject of a search, wishes to make it clear, however, that none of its staff have been charged. The criminal investigation department merely seized two files containing evidence of fake qualifications. The ministry points out that it regularly encounters this type of document fraud and that it systematically refers any suspicious cases detected during its checks to the PPO.

This clarification aims to distinguish between the role of the authorities, who act as partners to the investigators, and the role of those suspected of having used forged documents.

A case that has taken on political dimensions

With 27 searches already carried out at various public authorities and social security bodies since the investigation began, the case now extends beyond the criminal sphere. The criticisms levelled by the PPO regarding inadequate administrative controls, along with its call for legislative changes to facilitate the exchange of information with government departments, have opened up a new political front.

Beyond the individual responsibilities that will have to be established by the courts, the focus of the debate has now shifted to the robustness of the mechanisms for immigration control and the fight against social security fraud.