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Open border

Border that enables free movement of people between jurisdictions

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Open borders are the norm for borders between subdivisions within the boundaries of sovereign states, though some countries do maintain internal border controls (for example between the People's Republic of China mainland and the special administrative regions of Hong Kong and Macau, between the United States and the unincorporated territories of Guam, the Northern Mariana Islands and American Samoa, and the Minor Outlying Islands, or between North Korea's provinces and cities). Open borders are also usual between member states of federations, though (very rarely) movement between member states may be controlled in exceptional circumstances. Federations, confederations and similar multi-national unions typically maintain external border controls through a collective border control system, though they sometimes have open borders with other non-member states through special international agreements – such as between Schengen Agreement countries as mentioned above.

In the past, many states had open international borders either in practice or due to a lack of any legal restriction. Many authors, such as John Maynard Keynes, have identified the early 20th century and particularly World War I as the point when such controls became common.

There have been sporadic attempts to promote global open borders as a viable policy option. The participants in an 1889 International Emigration Conference in London affirmed “the right of the individual to the fundamental liberty accorded him by every civilised nation to come and go and dispose of his person and destinies as he pleases." Currently, immigration is more restricted and harder for low-skilled and low-income people.

Types of borders

There are multiple types of national borders in use around the world. Some of these are:

A conditionally open border is a border that allows movement of people across the border that meet a special set of conditions. This special set of conditions which limits the application of border controls that would normally otherwise apply could be defined by an international agreement or international law, or the special conditions could be defined by a regulation or law of the jurisdiction that the people are claiming the right to enter. Conditionally open borders generally requires a claim to be submitted from the people who are proposing to enter the new jurisdiction stating why they meet the special conditions which allow entry into the new jurisdiction. The new jurisdiction may detain the people until their claim is approved for entry into the new jurisdiction, or they may release them into the new jurisdiction while their claim is being processed. Whenever a conditionally open border is allowed, a considerable effort is often required to ensure that border controls do not break down to such an extent that it becomes an open border situation. An example of a conditionally open border is a border of any country which allows movement of asylum seekers due to application of either the 1951 Refugee Convention or international law which allows people to cross a border to escape a situation where their lives are directly threatened or in significant danger. Another example is the border between Ireland and the United Kingdom. The two countries allow unrestricted movement of their own citizens, but in order to enjoy such movement across the Irish Sea, those same citizens may be required to provide evidence at seaports and airports that they are UK or Irish nationals. These checks are by the police, not immigration officers. (As of October 2018, there are no such controls on the highly porous land border between them).

A controlled border is a border that allows movement of people between different jurisdictions but places restrictions and sometimes significant restrictions on this movement. This type of border may require a person crossing this border to obtain a visa or in some cases may allow a short period of visa free travel in the new jurisdiction. A controlled border always has some method of documenting and recording people movements across the border for later tracking and checking compliance with any conditions associated with the visa or any other border crossing conditions. A controlled border places limitations on what a person crossing the border can do in the new jurisdiction, this is usually manifested in limitations on employment and also it limits the length of time the person can legally remain in the new jurisdiction. A controlled border often requires some type of barrier, such as a river, ocean or fence to ensure that the border controls are not bypassed so that any people wishing to cross the border are directed to authorized border crossing points where any border crossing conditions can be properly monitored. Given the large scale movement of people today for work, holidays, study and other reasons a controlled border also requires internal checks and internal enforcement within the jurisdiction to ensure that any people who have entered the jurisdiction are in fact complying with any border crossing conditions and that they are not overstaying to reside illegally or as an undocumented resident. Most international borders are by legislative intent of the controlled border type. However, where there is a lack of adequate internal enforcement or where the borders are land borders, the border is often controlled only on part of the border, while other parts of the border may remain open to such an extent that it may be considered an open border due to lack of supervision and enforcement.

A closed border is a border that prevents movement of people between different jurisdictions with limited or no exceptions associated with this movement. These borders normally have fences or walls in which any gates or border crossings are closed and if these border gates are opened they generally only allow movement of people in exceptional circumstances. Perhaps the most famous example of an extant closed border is the Demilitarized Zone between North Korea and South Korea. The Berlin Wall could also have been called a closed border.

Borders can be open or and closed based on: entry status, entry duration, entry qualifications, entrant rights and obligations, and entry quotas. Entry status refers to the occupation of someone when and if they are allowed to cross a border, whether they are a student, worker, soldier, immigrant. One's status effects the chances of being permitted to cross a border. "Most states control border crossing by limiting the duration of any visit." Entry qualifications are restrictions based on factors such as health, age, income, religion, race. "Many countries, including Canada and Singapore, will admit wealthy immigrants who can demonstrate an intention and capacity to invest in the country." Entrants rights and obligations are the restrictions that will be placed on those who have already been permitted to cross a border: you must follow certain rules and regulations given by the government to be allowed to stay in that country. A government may allow you to take up residency but may not allow you to work, and those who are allowed to work may not be able to find work due to the restrictions and forms of employment allowed. Entry quotas are restrictions based on the number of immigrants allowed across a border within a certain frame of time: if you meet all of the qualifications to cross a border, but the country you want to enter has already met its quota for allowing immigrants inside, you may still not be allowed to enter.

As seen from the examples below, there are differing degrees of "openness" of a border, the nature of which depends on whether or not there are physical passport controls in place (and enforced). Passport control by police or immigration officers may be in place on some kinds of border but citizens of the destination territory or participating territories are permitted to cross using at most an identity card without any further approval, restrictions or conditions. Examples of the most open type of border include the Schengen zone or the [UK/Ireland] Common Travel Area, where transit across the inter-state frontiers are entirely uncontrolled, and third-country illegal immigration is controlled by internal policing as with any other kind of clandestine entry. Examples of near-open borders include the border between Ireland, in the Common Travel Area (on the one hand) and the Schengen Zone (on the other) which, despite having full passport control, is an internal EU border that EU citizens can pass freely without any conditions, other than an identity card. Non-EU nationals are subject to full passport and visa control measures at airports and some seaports. A hybrid of these two possibilities is the border between Russia and Belarus in the Union State which lacks any physical control but formally foreigners are not permitted to use an uncontrolled crossing.

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