Legal status of persons
Birthright
Birthplace Aboard aircraft and ships Jus sanguinis Jus soli Birth tourism
Nationality
Citizenship missing multiple transnational Naturalization Ius Doni Oath Test Law Lost citizenship denaturalized renounced
Immigration
Alien Enemy Criminalization of migration Diplomatic protection Illegal Law Permanent residency Refugee Right to homeland Voluntary return Identity cleansing Right of return
v t e

Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to. Illegal immigration tends to be financially upward, from poorer to richer countries.^[1] Illegal residence in another country creates the risk of detention, deportation, and/or other persecutions.^[2]

Asylum seekers who are denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision. In some cases, these people are considered illegal aliens. In others, they may receive a temporary residence permit, for example regarding the principle of non-refoulement in the International Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certain countries, for example, due to the risk of torture.^[3]

Terminology

The terminology surrounding illegal immigration is often controversial. In particular, describing people who immigrated illegally as illegal immigrants has been a matter of debate. It is nevertheless commonly used in formal contexts, among others by the United States and by the Canadian governments.^{[citation needed]} Title 8 of the US Code is the portion of United States law that contains legislation on citizenship, nationality, and immigration. Defining the legal term alien as "any person, not a citizen or national of the United States,"^[4] The 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.^[5] 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."^[6]

Some campaigns discourage 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 Europe, the Platform for International Cooperation on Undocumented Migrants (PICUM) launched its international "Words Matter"^[7] campaign in 2014 to promote the use of the terms undocumented or irregular migrants instead of illegal.^{[8][9][10][11]} Depending on jurisdiction, culture, or context, alternatives to illegal aliens or illegal immigrants can include irregular migrants, undocumented immigrants, undocumented persons, and unauthorized immigrants.^{[12][13][5][4]}

In some contexts the term illegal immigrants is shortened, often pejoratively,^[14] to illegals.^{[15][16][17][18]}

Irregular migration is a related term that is sometimes used, e.g. by the International Organization for Migration; however, because of the word migration, this term describes a somewhat wider concept, including illegal emigration.^[13]

News media

Some news associations have discontinued or discouraged the term illegal immigrant, except in quotations. These organizations presently include the Associated Press (US),^[19] Press Association (UK), European Journalism Observatory,^[20] European Journalism Centre,^[21] Association of European Journalists, Australian Press Council,^[22] and Media, Entertainment and Arts Alliance (AU).^[23] Related terms that describe actions are not similarly discouraged. Most commonly they use the alternative term, undocumented immigrant. For example, the Associated Press continues to use the term illegal immigration, whereby illegal describes the action rather than the person.^[19]

On the other hand, The New York Times said described undocumented immigrant as a "term preferred by many immigrants and their advocates, but it has a flavor of euphemism and should be used with caution outside the quotation."^[12] 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."^[24] Newsweek also suggests that persons who enter a country unlawfully cannot be entirely "undocumented," as they "just lack the certain specific documents for legal residency and employment," while "any 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."^[24] For example, in the US, youths brought into the country illegally are granted access to public K-12 education and benefits regardless of citizenship status;^[25] therefore the youths are not entirely undocumented, since they are documented for educational purposes.

U.S. government

In the United States, while overstaying a visa is a civil violation handled by the 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.^{[26][failed verification]}

Democratic Senator and Senate Majority Leader Chuck Schumer has spoken out against the term "undocumented", stating that "Illegal immigration is wrong – plain and simple" and that proponents of the term were "not serious" about combatting illegal immigration.^[27]

Canadian government

Zdroj:https://en.wikipedia.org?pojem=Illegal_immigration_to_Bangladesh
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