Migration, Illegal

Terminology

There is a certain amount of controversy over the use of relevant terminology and concepts. A number of terms are used to describe the phenomenon. Undocumented, irregular, and unauthorized are the most commonly used terms besides illegal. Other expressions include clandestine, extra-legal, and sans papiers. Whereas some authors use these terms synonymously, others reject certain expressions because they perceive them incorrect or derogatory. The term illegal has been criticized for several reasons. First, it has been argued that due to its connection with criminality, it should not be applied to migrants who commit infringements of certain regulations rather than serious crimes. Second, this criminalization and delegitimization of migrants is seen as leading to exclusion, undermining the humanity of migrants and potentially jeopardizing valid asylum claims. In addition, it has been pointed out that only an act and not a person can be “illegal.” However, other authors prefer the term illegal as a legal term. The expression is used widely in media, governmental, and EU reports and documents. Nevertheless, the use of the term irregular—although seldom used in public debates—has become widespread in scientific publications and major international institutions and organizations on migration such as the [Page 1164]International Organization for Migration, the Global Commission for International Migration, the United Nations High Commissioner for Refugees, the Organization for Security and Co-operation in Europe, and the International Labour Organization.

Types of Illegal Migration

Several different forms of, and routes into, illegality for a migrant exist. Those include illegal entry, residence, and employment as well as combinations of these. The most common forms are the following:

• 1.
  Entering a country illegally without immigration inspection (by sea, air, or land and individually or with the help of human smugglers)
• 2.
  Entering a country seemingly legally with fraudulent identity documents
• 3.
  Entering a country legally (e.g., on a tourist visa) but remaining in the country after the visa expires (overstayers)
• 4.
  Entering a country legally on a visa but then violating visa conditions (e.g., taking up work that the type of visa does not permit)
• 5.
  Remaining in a country after an asylum claim has been rejected and the migrant has been ordered to leave the country

The boundaries between legality and illegality can be blurred, can change (repeatedly) over time, and can depend on the legal regulations of the destination country or region. For instance, the stay of citizens from countries candidate to EU membership who are residing illegally in the European Union suddenly become legal when their countries of origin join the European Union. However, this does not mean that their illegal employment automatically becomes legal.

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