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» Economics » Foreigner right » Topics begins with I » Illegal migration

Page modified: Tuesday, July 12, 2011 23:35:33

Illegal migration is a kind of the migration and designates borderspreading migration movements (sociological: a horizontal social mobility), i.e. immigration, emigration or transit migration, which find outside of national adjustment attempts instead of. Also sometimes illegal migration is called "irregular migration", which suggests that this kind of the migration does not follow rules. It is however a special characteristic of this migration that it still happens outside of (despite) national legal and order-political regulation attempts. Independently of the legal-order-political regulations illegal migration takes place however along observable social and economic rules, e.g. the presence from jobs, accommodations or socialethnical networks locally.

Illegal migration has many forms:

  • Escape migration tends rather to the misalignment of the point of food from the Herkunfts into a goal region,
  • Workers' migration has often the form of the pendulum migration or migration, with which the point of food in the country of origin is maintained. In this area it comes also frequently to limited migration projects, i.e. to a certain time the "illegal" Migrant returns to its country.

Basic conditions

Illegal migration is an accompaniment of the global network company (globalization) and takes place in a network of migration-releasing, migration-steering and migration-making possible factors. Are of crucial importance here borderspreading private, ethnical, commercial and criminal networks, over which information, money and other resources between Herkunfts and run. This leads to borderspreading transnational social areas, which connect Herkunfts and goal regions of immigrants (see transnationalism).

The happening can be seen as a kind arms race: Increasingly thought out border control measures do not hold Migranten from their desire to go for most diverse reasons (e.g. desire for security, family unit or work) nevertheless into the area of another state. Migranten are increasingly dependent on professional border crossing assistance, whom its prices define again at the desire for comfort and speed of the journey and/or regarding existing with offerers in this sector. Criminal behavior, which e.g. Opposite immigrants the paid service furnishes or the "customers" exploits, is not not unusual; Estimations proceed from 20-25 % of all cases, whereby an integration can furnish a certain protection from fraud into private and ethnical networks.

More and more immigrant and their commercial and criminal Dienstleister ("smuggler", people dealers) use apparently legal migration possibilities for the reaching of the put goals, for instance the misuse of visas. More and more develops illegal migration thus from a happening at the Green border to the "Embedded migration", i.e. increasingly illegal travel movements are embedded into legal travel movements.

Since the Schengener agreement borders the European Union "closed" on countries with clearly lower prosperity level and comparably large prosperity downward gradient as between the USA and Mexico. As also at the border between the USA and Mexico the borders become particularly strongly secured. It comes therefore strengthened to injuries partially to dead ones.

See also: Smuggler, smuggel gang, Ceuta

Right situation in the Federal Republic of Germany

The illegal residence status ("§ 95 AufenthG) and the illegal occupation represent criminal offence existence in the Federal Republic of Germany. The facts moonlighting ("§ 266a StGB) and tax evasion are used ("§ 134 BGB and StGB "§ 70 exp. 1). Also assistance-carrying out, like teachers, physicians and lawyers, makes itself punishable, if they help to advise or. Credit for instance to social workers (professional secrecy, but no right to refuse to give evidence in the criminal procedure) of the promotion ("§ 95 AufenthG) of a paperless one by favouring wrong statements punishable made or the residence of an entry with unsettled residence status (obstruction "§ 258 StGB)) the authorities concealed themselves, then they are responsible personally for the costs of the deportation ("§ 83 AuslG) unauthorized of the entry.

Further handicaps of the supply of Migranten without residence status result from equating of aids with tractors, smugglers and people dealers ("§ 96 AufenthG), the suffused professional secrecy from the transmission obligation for public hospitals to the foreigner authorities ("§ 87 AufenthG) for the purpose of the deportation and the principles of the regulation concerning costs, since the treatment is carried not by to separate the load to the supplying hospital turns off completely. The physicians concerned stand at the same time in the conflict with the oath of the Hippokrates. (108. German congress of physicians from 20 April 2005)

Illegal Migranten

An illegal Migrant (colloquially partially illegal) is a person, who enters without permission (illegaly) into a country and/or is without permission in a country.

  • By a bad entry it is understood that the persons concerned for their entry cannot possess and/or possess valid papers, which would permit them this entry. They would have to count therefore, in case of control, on an entry refuse, a deportation, classification or an arrest.
  • Bad entry exists also then if the papers invalidly will, was kept once regular and a permitted stay justified; those are for example: (Residence permits and - grants, tolerances, asylum, visas"…). Particularly is that the case if its stay (as e.g. in the case of asylum-seekers, who are publicized to the deportation enforceable to the departure requested and) is no longer settlable.

Illusorylegal Migranten

That person's group is taken off from in such a way defined illegal ones, which enter with the help of wrong or falsified papers apparently legally and/or are in the country. This group of the "illusorylegal" is defined as follows:

Illusorylegal immigrants are persons, who enter with falsified papers (passports, identity cards, visas). This group consists of two sub-groups:

1. The first sub-group is marked by the fact that it acquires its papers irregularly. By irregular acquisition here all ways are understood, with the help of those a person at regular request and distribution modes at papers to past arrive can. The papers for example acquired by (en) falsification of a stolen document of identification (e.g. Manipulating by photo exchange), purchase of (in blank) papers for a new identity, by extortion or theft.

2. The second sub-group procures itself from the places authorized to it legal entry papers by knowing illusion of a not-applying entry and/or residence intention. Into this group fall all those, which give for example, when tourist, to want to enter businessman or visitor although they have from the beginning the intention of remaining after their entry. To this group finally also those persons are included, who acquire an apparently regular residence status over the conclusion of an illusory or a contract marriage. This, because also they acquire the residence status in a way, to which on the part of the law and the authorities as legally one does not regard.

Closely with the group of the illegal ones illusorylegal are related despite their possession of papers, because"…

  • contain and not-registered documents a certain risk of unmasking also falsified,
  • a Fingerabdruckvergleich devoted can that even owners are registered by genuine, registered original papers in another place already among other things names,
  • Owners gotten by genuine, registered original papers, which are not expressed however in their identity, then problems, if they must furnish other proofs to the person, this however cannot. This does not apply to procure e.g., if they possess a driving licence on other names, for marriage ceremony necessary documents such as birth certificate or marriage ability certifications can to etc.

For these reasons the advantages of the illusorylegal are opposite the illegal ones often only from very limited duration.

"Simple illegal" and "doubles illegal" Migranten

A further, rather popular, distinction is between "simply illegal" and "doubles illegal" Migranten: While the "simply illegal" offend against editions, which would be bound to a legally acquired visa or a residence title, those, which enter without valid papers and offend against other permission-legally regulated circumstances, are "doubly illegal".

Articles in category "Illegal migration"

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» Illegal migration
» Immigration
» Inland legitimacy obligation
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