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Illegal immigration

Entry into a country without any legal right

  • 42 min read
  • 7 chapters

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Through Domicile (law)

Some migrants, including asylum seekers, are legally protected from penalties under international law. Under Article 31 of the 1951 Refugee Convention and its 1967 Protocol, people who enter a country without authorization to seek asylum cannot be penalized solely for irregular entry if they present themselves promptly, and are lawfully allowed to remain until their cases are fully processed. Asylum seekers 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.

Terminology

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. Depending on jurisdiction, culture, or context, alternatives to illegal aliens or illegal immigrants can include irregular migrants, undocumented immigrants, undocumented persons, and unauthorized immigrants, and sans-papiers (paritcularly when lacking a permit authorizing residency). In some contexts, the term illegal immigrants is shortened, often pejoratively, to illegals. 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.

News media

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

On the other hand, The New York Times 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". 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", as they "just lack the certain specific documents for legal residency and employment", while "[m]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". 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; therefore the youths are not entirely undocumented, since they are documented for educational purposes.

US government

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", 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. An analysis by PolitiFact 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 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.

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. During President Joe Biden's term, government websites used the term "non-citizen" instead of "alien". This change was reversed in January 2025 after President Donald Trump returned to office.

Canadian government

In Canada, as in the US, illegal immigrant is a commonly used term; however, there is confusion and deep dissent among many about what the term means under the law and what circumstances, and what it implies socially. Irregular is a term used by government authorities to refer to migrants who enter Canada outside of official border crossings ("points of entry"). Entrance into Canada outside of a POE is considered unlawful but not a criminal offence, or a civil offence under the Immigration and Refugee Protection Act, SC 2001, c. 27.

The government of Canada, as well as the Immigration and Refugee Board, use the term irregular to refer to these crossings. The Liberal Party of Canada and the New Democratic Party typically use the term irregular, while the Conservative Party of Canada typically uses the term illegal. The use of the term undocumented is increasingly prevalent among individual MPs and MLAs in Canada, and was also used in a NDP policy document, as well as by Ontario NDP leader Andrea Horwath in a 2018 platform document. Conservative MP Dave Epp referred to "undocumented workers" in a 2020 interview with the CBC wherein he called for an end to the use of contract migrant labour by Canadian agriculture businesses, in part because many such workers are undocumented and therefore vulnerable to exploitation and unsafe working conditions.

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