Användare:Riggwelter/Att göra

Illegal invandring innebär migration till ett land i strid med landets lagar, eller att någon stannar kvar i ett land utan att ha laglig rätt att göra det. Illegal invandring tenderar att ske från fattigare till rikare länder. Att vistas illegalt i ett land medför risk att häktas, deporteras och/eller andra straff.

Asylsökande som nekas asyl kan stå inför verkställighetshinder om hemlandet vägrar ta emot personen eller om nya asylskäl framkommer efter avslag. I vissa fall anses personerna vara papperslösa, det vill säga sakna dokument som styrker faktisk identitet och/eller rätten att uppehålla sig i landet. I andra fall kan personen få tillfälligt uppehållstillstånd enligt principen om non-refoulement i Flyktingkonventionen. I fflera vägledande bedömningar har Europadomstolen, med referens till Europakonventionen, konstaterat hinder för utvisning till vissa länder, till exempel då det finns risk för tortyr.

Terminologi

There are campaigns discouraging the use of the term "illegal immigrant", generally based on the argument that the act of immigrating illegally does not make the people themselves illegal, but rather they are "people who have immigrated illegally". In the United States, a "Drop the I-Word" campaign was launched in 2010 advocating for the use of terms such as undocumented immigrants or unauthorized immigrants when referring to the foreign nationals who reside in a country illegally. In Europe, the Platform for International Cooperation on Undocumented Migrants (PICUM) launched its international "Words Matter" campaign in 2014 to promote the use of the terms "undocumented" or "irregular" migrants instead of "illegal".

News associations that have discontinued or discourage the use of the adjective "illegal" to qualify nouns that describe people include the US Associated Press, UK Press Association, European Journalism Observatory, European Journalism Centre, Association of European Journalists, Australian Press Council, and Australian Media, Entertainment and Arts Alliance. Related terms that describe actions are not similarly discouraged by these campaigns. For example, Associated Press continues to use the term "illegal immigration" to describe the action of entering or residing in a country illegally.

In contrast, in some contexts the term "illegal immigrants" is shortened, often pejoratively, to "illegals".

On the other hand, the term undocumented has been cited by The New York Times, as a "term preferred by many immigrants and their advocates, but it has a flavor of euphemism and should be used with caution outside quotation". Newsweek questions the use of the phrase 'undocumented immigrants' as a method of euphemistic framing, namely, "a psychological technique that can influence the perception of social phenomena". Newsweek also suggests that persons who enter a country unlawfully cannot be entirely "undocumented" because they "just lack the certain specific documents for legal residency and employment. Many have driver's licences, debit cards, library cards, and school identifications which are useful documents in specific contexts but not nearly so much for immigration." For example, in the U.S., youths brought into the country illegally are granted access to public K-12 education and benefits regardless of citizenship status, so the youths are documented for educational purposes, and are not entirely undocumented.

A related term, irregular migration, is sometimes used e.g. by the International Organization for Migration, but it describes a somewhat wider concept which also includes illegal emigration.

U.S. immigration laws use the phrase illegal immigrant at least in some contexts. Title 8 of the US Code is the portion of the law that contains laws on citizenship, nationality, and immigration. It defines the legal term Alien as "any person not a citizen or national of the United States". Terminology used in Title 8 includes illegal alien (33 times), unauthorized alien (21 times), undocumented alien (18 times), illegal immigrant (6 times), undocumented person (2 times) and others. An analysis by PolitiFact however concluded that the term "illegal alien" "occurs scarcely, often undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies".

In the United States, while overstaying a visa is a civil violation handled by immigration court, entering (including re-entering) the US without approval from an immigration officer is a crime: specifically a misdemeanor on the first offense. Illegal reentry after deportation is a felony offense. This is the distinction between the larger group referred to as unauthorized immigrants and the smaller subgroup referred to as criminal immigrants.

Den illegala invandringens följder

Ekonomi och arbetsmarknad

Research on the economic effects of illegal immigration is scant but existing studies suggest that the effects can be positive for the native population, and for public coffers. A 2015 study shows that "increasing deportation rates and tightening border control weakens low-skilled labor markets, increasing unemployment of native low-skilled workers. Legalization, instead, decreases the unemployment rate of low-skilled natives and increases income per native." Studies show that legalization of undocumented immigrants would boost the U.S. economy; a 2013 study found that granting amnesty to undocumented immigrants would raise their incomes by a quarter (increasing U.S. GDP by approximately $1.4 trillion over a ten-year period), and a 2016 study found that "legalization would increase the economic contribution of the unauthorized population by about 20%, to 3.6% of private-sector GDP." A 2018 National Bureau of Economic Research paper found that undocumented immigrants to the United States "generate higher surplus for US firms relative to natives, hence restricting their entry has a depressing effect on job creation and, in turn, on native labor markets".

A paper by Spanish economists found that upon legalizing the undocumented immigrant population in Spain, the fiscal revenues increased by around €4,189 per newly legalized immigrant. The paper found that the wages of the newly legalized immigrants increased after legalization, some low-skilled natives had worse labor market outcomes and high-skilled natives had improved labor market outcomes.

According to economist George Borjas, immigrants may have caused the decline of real wages of US workers without a high school degree by 9% between 1980 and 2000 due to increased competition. Other economists, such as Gordon Hanson, criticized these findings. Douglas Massey argues that the developed countries need unskilled immigrant labor to fill undesirable jobs which citizens do not seek regardless of wages. Massey argues that this may refute claims that undocumented immigrants are "lowering wages" or stealing jobs from native-born workers, and that it instead shows that undocumented immigrants "take jobs that no one else wants".

Since the decline of working class blue-collar jobs in manufacturing and industry, younger native-born generations have acquired higher education. In the US, only 12% of the labor force has less than a high school education, but 70% of irregular workers from Mexico lack a high school degree. The majority of new blue-collar jobs qualify as Massey's "underclass" work, and suffer from unreliability, subservient roles and, critically, a lack of potential for advancement. These "underclass" jobs, which have a disproportionate number of undocumented immigrants, include harvesting crops, unskilled labor in landscaping and construction, house-cleaning, and maid and busboy work in hotels and restaurants. However, as even these "underclass" jobs have higher relative wages than those in home countries they are still attractive for undocumented immigrants and since many undocumented immigrants often anticipate working only temporarily in the destination country, the lack of opportunity for advancement is seen by many as less of a problem. Support for this claim can be seen in a Pew Hispanic Center poll of over 3,000 undocumented immigrants from Mexico in the US, which found that 79% would voluntarily join a temporary worker program that allowed them to work legally for several years but then required them to leave. From this it is assumed that the willingness to take undesirable jobs is what gives undocumented immigrants their employment. Evidence for this may be seen in the average wages of undocumented day laborers in California, which was between $10 and $12 per hour according to a 2005 study, and the fact that this was higher than many entry-level white collar or service jobs. Entry-level white collar and service jobs offer advancement opportunities only for people with work permits and citizenship.

ResearchMall:Which indicates that the advantage to firms employing undocumented immigrants increases as more firms in the industry do so, further increases with the breadth^{[förklaring behövs]} of a firm's market, and also with the labor intensity of the firm's production process. However, the advantage decreases with the skill level of the firm's workers, meaning that undocumented immigrants do not provide as much competitive advantage when a high-skilled workforce is required.

Anledningar till illegal invandring

Fattigdom

Undocumented immigrants are not impoverished by the standards of their home countries. The poorest classes in a developing country may lack the resources needed to mount an attempt to cross illegally, or the connections to friends or family already in the destination country. Studies from the Pew Hispanic Center have shown that the education and wage levels of undocumented Mexican immigrants in the US are around the median for Mexico and that they are not a suitable predictor of one's choice to immigrate.

Other examples do show that increases in poverty, especially when associated with immediate crises, can increase the likelihood of illegal migration. The 1994 economic crisis in Mexico, subsequent to the start of the North American Free Trade Agreement (NAFTA), was associated with widespread poverty and a lower valuation for the peso relative to the dollar. It also marked the start of a massive swell in Mexican immigration, in which net illegal migration to the US increased every year from the mid-1990s until the mid-2000s.

There are also examples where natural disasters and overpopulation can amplify poverty-driven migration flows.

Överbefolkning

Population growth that exceeds the carrying capacity of an area or environment results in overpopulation. Virginia Abernethy notes that immigration is a road that provides a "relief valve" to overpopulation that stops a population from addressing the consequences of its overpopulation and that exports this overpopulation to another location or country. Overpopulation and its consequences is a bigger issue in developing countries.

Famniljeåterförening i det nya landet

Some undocumented immigrants seek to live with loved ones, such as a spouse or other family members.

Having a family who have immigrated or being from a community with many immigrants is a much better predictor of one's choice to immigrate than poverty. Family reunification visas may be applied for by legal residents or naturalized citizens to bring their family members into a destination state legally, but these visas may be limited in number and subject to yearly quotas. This may result in family members entering illegally in order to reunify. From studying Mexican migration patterns, Douglas Massey finds that the likelihood that a Mexican national will emigrate illegally to the US increases dramatically if they have one or more family members already residing in the United States, legally or illegally.

Krig och asyl

Arrested refugees/immigrants in Fylakio detention centre, Evros, northern Greece.

Unauthorised arrival into another country may be prompted by the need to escape civil war or repression in the country of origin. However, somebody who flees such a situation is in most countries under no circumstances an undocumented immigrant.^{[källa behövs]} If victims of forced displacement apply for asylum in the country they fled to and are granted refugee status they have the right to remain permanently. If asylum seekers are not granted some kind of legal protection status, then they may have to leave the country, or stay as irregular immigrants.

According to the 1951 Refugee Convention refugees should be exempted from immigration laws and should expect protection from the country they entered. It is, however, up to the countries involved to decide if a particular immigrant is a refugee or not, and hence whether they are subject to the immigration controls. Furthermore, countries that did not sign the 1951 Refugee Convention or do not attempt to follow its guidelines are likely to consider refugees and asylum seekers as irregular immigrants.

Förlust av medborgarskap

In a 2012 news story, the CSM reported, "The estimated 750,000 Rohingya, one of the most miserable and oppressed minorities in the world, are deeply resentful of their almost complete absence of civil rights in Myanmar. In 1982, the military junta stripped the Rohingya of their Myanmar citizenship, classing them as irregular immigrants and rendering them stateless."

In some countries, people born on national territory (henceforth not "immigrants") do not automatically obtain the nationality of their birthplace, and may have no legal title of residency.

Utbildning

Families want to have better lives for their children and to succeed. In the article "Learning to be illegal" it discusses the safety the children have in K-12 schooling. The children are guaranteed education in a safe environment.

Problem för papperslösa migranter

Aside from the possibility that they may be intercepted and deported, undocumented immigrants also face other problems.

Tillgång till grundläggande service

Undocumented immigrants usually have no or very limited access to public health systems, proper housing, education and banks. Some immigrants forge identity documents to get the access.

Slaveri

For example, research at San Diego State University estimates that there are 2.4 million victims of human trafficking among irregular Mexican immigrants in the United States. Some workers are smuggled into the United States and Canada by human traffickers.

People have been kidnapped or tricked into slavery to work as laborers, after entering the country, for example in factories. Those trafficked in this manner often face additional barriers to escaping slavery, since their status as undocumented immigrants makes it difficult for them to gain access to help or services. For example, Burmese women trafficked into Thailand and forced to work in factories or as prostitutes may not speak the language and may be vulnerable to abuse by police due to their undocumented immigrant status.

Kidnappning och krav på lösen

In some regions, people that are still en route to their destination country are also sometimes kidnapped, for example for ransom. In some instances, they are also tortured, raped, and killed if the requested ransom does not arrive. One case in point are the Eritrean migrants that are en route to Israel. A large number of them are captured in north Sinai (Egypt) and Eastern Sudan and held in the buildings in north Sinai.

Prostitution

Some people forced into sexual slavery face challenges of charges of illegal immigration.

Since the fall of the Iron Curtain, Western Europe is being confronted with a serious problem related to the sexual exploitation of undocumented immigrants (especially from Eastern Europe), for the purpose of prostitution.

In the United States, human trafficking victims often pass through the porous border with Mexico. In an effort to curb the spread of this affliction, California Attorney General Kamala Harris and Mexico Attorney General Marisela Morales Ibáñez signed an accord in 2012 to expand prosecutions of criminals typically members of transnational gangs who engage in the trafficking of human beings between the two countries.

Exploatering

Most countries have laws requiring workers to have proper documentation, often intended to prevent or minimize the employment of undocumented immigrants.^{[källa behövs]} However the penalties against employers are often small and the acceptable identification requirements vague, ill-defined and seldom checked or enforced, making it easy for employers to hire illegal labor.^{[källa behövs]} Where the minimum wage is several times the prevailing wage in the home country, employers sometimes pay less than the legal minimum wage or have unsafe working conditions, relying on the reluctance of undocumented workers to report the violations to the authorities.^{[källa behövs]}

Skada och sjukdom

The search for employment is central to illegal international migration. According to data from the U.S. Census Bureau, undocumented immigrants in the United States often work in dangerous industries such as agriculture and construction. A recent study suggests that the complex web of consequences resulting from irregular immigrant status limits irregular workers' ability to stay safe at work. In addition to physical danger at work, the choice to immigrate for work often entails work-induced lifestyle factors which impact the physical, mental and social health of immigrants and their families.

Dödsfall

Each year there are several hundred deaths along the U.S.–Mexico border of immigrants crossing the border illegally. Death by exposure occurs in the deserts of Southwestern United States during the hot summer season. In 2016 there were approximately 8,000 migrant deaths, with about 63% of deaths occurring within the Mediterranean.

Metoder

Smuggling

Border patrol at sea by the U.S. Customs and Border Protection

HMC Vigilant, one of several customs cutters of the UK Border Force, and capable of speeds up to 26 knots, departing Portsmouth Naval Base.

Immigrants from countries that do not have automatic visa agreements, or who would not otherwise qualify for a visa, often cross the borders illegally in some areas like the United States–Mexico border, the Mona Channel between the Dominican Republic and Puerto Rico, the Strait of Gibraltar, Fuerteventura, and the Strait of Otranto. Because these methods are illegal, they are often dangerous. Would-be immigrants have been known to suffocate in shipping containers, boxcars, and trucks, sink in shipwrecks caused by unseaworthy vessels, die of dehydration or exposure during long walks without water. An official estimate puts the number of people who died in illegal crossings across the U.S.–Mexican border between 1998 and 2004 at 1,954 (see immigrant deaths along the U.S.-Mexico border).

Human smuggling is the practice of intermediaries aiding undocumented immigrants in crossing over international borders in financial gain, often in large groups. Human smuggling differs from, but is sometimes associated with, human trafficking. A human smuggler will facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is usually free. Trafficking involves a process of using physical force, fraud, or deception to obtain and transport people.

Types of notorious human smugglers include Snakehead gangs present in mainland China (especially in Fujian) that smuggle laborers into Pacific Rim states (making Chinatowns frequent centers of illegal immigration) and "coyotes", who smuggle undocumented immigrants to the Southwestern United States and have been known to abuse or even kill their passengers. Sometimes undocumented immigrants are abandoned by their human traffickers if there are difficulties, often dying in the process. Others may be victims of intentional killing.

Brott mot visumregler

Many undocumented immigrants are migrants who originally arrive in a country lawfully but overstay their authorized residence (overstaying a visa). For example, most of the estimated 200,000 undocumented immigrants in Canada (perhaps as high as 500,000) are refugee claimants whose refugee applications were rejected but who have not yet been expelled from the country.

Another example is formed by children of foreigners born in countries observing jus soli ("right of territory"), such as was the case in France until 1994 and in Ireland until 2005. In these countries, it was possible to obtain French or Irish nationality (respectively) solely by being born in France before 1994 or in Ireland before 2005 (respectively). At present, a French born child of foreign parents does not automatically obtain French nationality until residency duration conditions are met. Since 1 January 2005, a child born in Ireland does not automatically acquire Irish nationality unless certain conditions are met.

Skenäktenskap

Another method is by entering into a sham marriage where the marriage is contracted into for purely immigration advantage by a couple who are not in a genuine relationship. Common reasons for sham marriages are to gain immigration, (this is called immigration fraud) residency, work or citizenship rights for one or both of the spouses, or for other benefits.

In the United Kingdom, those who arrange, participate in, or officiate over a sham marriage may be charged with a number of offenses, including assisting unlawful immigration and conspiracy to facilitate a breach of immigration law.

The United States has a penalty of a $250,000 fine and five-year prison sentence for such arrangements. The U.S. Immigration and Customs Enforcement (ICE) and the Justice Department say that they do not have accurate numbers on the rate of attempted marriage fraud. In the 2009 fiscal year, 506 of the 241,154 petitions filed were denied for suspected fraud, a rate of 0.2%; seven percent were denied on other grounds.