Difference between revisions of "Alien (law)" - New World Encyclopedia

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[[Category:Politics and social sciences]]
 
[[Category:Politics and social sciences]]
 
[[Category:Law]]
 
[[Category:Law]]
  
In [[U.S. law]], an '''alien''' is a person who owes political [[allegiance]] to another country or government and not a native or [[naturalized citizen]] of the land where they are found.<ref>{{citebook|title=Key Terms in Latino/a Cultural And Literary Studies |first= Paul |last=Allatson |year=2006|publisher=Blackwell Publishing|url= http://books.google.com/books?vid=ISBN1405102500&id=hIWGgetcvdEC&pg=PA129&lpg=PA129&ots=h3kwpFUyCJ&dq=%22legal+alien%22&ie=ISO-8859-1&output=html&sig=QLG0ACzpqJw1z3wgpZDrklwB4iE|id=ISBN 1405102500}}</ref> Types of "alien" persons are:
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:''This article is about the legal term alien referring to citizens of other countries; for the beings from other planets see [[extraterrestrial life]]''
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In [[law]], an '''alien''' is a person who owes political allegiance to another country or is not a native or citizen of the land in which they live. Aliens may live legally or illegally in their host country. Permanent residency refers to a person's [[Visa (document)|visa]] status: the person is allowed to reside indefinitely within a country despite not having [[citizenship]]. A person with such status is known as a '''permanent resident'''. Aliens and permanent residents often have access to becoming a citizen of their adopted country depending on the length of time they have been in the new country.
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{{toc}}
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The concept of a person as an alien in a country other than their homeland is not a modern one. [[Ancient Greece|Greeks]] formerly referred to any non-Greeks as [[barbarian]]s and the [[Japan]]ese have the concept of ''[[gaijin]]'' for foreigners. That said, there is a long history of considering aliens in national and [[international law]] dating back to the [[Roman Empire]]. Modern creations like the [[European Union]] (EU) highlight the importance of alien status in law, as all citizens of the EU have the right to travel, live, and work in any member state, with wages and working conditions to be the same for citizens and aliens. This arrangement is a significant advance in securing [[human rights]] for all, and offers a possible model for other regions of the world to follow suit. Ultimately, in a world of peace and harmony, all people are accepted and embraced wherever they go; there are no aliens, only a diversity of people living for the common good.
  
* An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a '''legal alien''' of that country.
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==Terminology==
* An alien who has temporary or [[Permanent resident|permanent residence]] in a country (which is foreign to him/her) may be called a '''resident alien''' of that country.
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Terms used to describe '''aliens''' include:
* A visitor with the legal right to visit a country (which is foreign to him/her) may be called a '''nonresident alien''' of that country.
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* migrant workers
* The term '''[[illegal alien]]''' commonly refers to a foreign national who resides in another country unlawfully, either by entering that country at a place other than a designated port-of-entry or as result of the expiration of a non-immigrant [[visa]]. The important distinction is that this person intends to remain in the country indefinitely. A tourist who has the present intent to leave would be included as a legal alien described above.  Today the preferred term by the politically correct is ''illegal immigrant'' because the word ''alien'' has become unpopular.
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* permanent residents
* An '''[[enemy alien]]''' is an alien who is designated as an enemy; compare to [[enemy combatant]].
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* economic migrants
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* boat people
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* illegal immigrant <ref> [http://news.bbc.co.uk/2/hi/uk_news/politics/5275236.stm Call for illegal immigrant study]. ''BBC News'', August 22, 2006. Retrieved June 19, 2018.</ref>
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* clandestine workers<ref>Reem Saad, [http://www.migrationdrc.org/publications/research_reports/EgyptianWorkersInParis.pdf#search=%22clandestine%20workers%20france%22 Egyptian Workers in Paris: Pilot Ethnography] SRC, American University in Cairo, May 2005. Retrieved June 19, 2018.</ref>
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* ''sans papiers''<ref>Angelique Chrisafis, [https://www.theguardian.com/world/2010/nov/16/france-immigration-police-roundups Crackdown on 'sans papiers'] ''The Guardian'',  November 16, 2010. Retrieved June 19, 2018.</ref>
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* unauthorized immigrant/ migrant/ alien/ worker/ resident
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* paperless immigrant/ migrant/ alien/ worker/ resident
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* undocumented immigrant/ migrant/ alien / worker/ resident
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* criminal alien
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* immigrant "without immigration status"
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* illegrant "illegal immigrant" (slang) "Illegal alien" is the official term in legislation and the [[United States Border Patrol|border patrol]] for a person who has entered the country illegally or is residing in the [[United States]] illegally after entering legally (for example, using a tourist visa and remaining after the visa expires).
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==Causes==
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People choose to become aliens for any number of reasons. Often their homeland is no longer a welcoming place or they see their new destination as a significant improvement over their homeland.
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===War===
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One motive of immigration is to escape [[civil war]] or [[Political repression|repression]] in the country of origin. Non-economic push factors include [[persecution]] (religious and otherwise), frequent [[abuse]], [[bullying]], [[oppression]], [[ethnic cleansing]], and even [[genocide]], and risks to civilians during war. Political motives traditionally motivate [[refugee]] flows - to escape [[dictatorship]] for instance.
  
In [[Latvia]]n travel documents, the term '''alien''' is used for so-called [[Non-citizens (Latvia)|non-citizens]] ''(nepilsoņi)'': former citizens of USSR who have no citizenship, but some legal ties with Latvia.
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In the early twenty-first century, the largest source of refugees to the U.S. has been [[Africa]] ([[Somalia]], [[Liberia]], [[Sudan]], and [[Ethiopia]]).<ref>Don Barnett, [http://www.ilw.com/articles/2007,0129-barnett.shtm A New Era Of Refugee Resettlement] ''Immigration Daily''. Retrieved June 19, 2018.</ref>
  
'''Permanent residency''' refers to a person's [[Visa (document)|visa]] status: the person is allowed to reside indefinitely within a country despite not having [[citizenship]]. A person with such status is known as a '''permanent resident'''.
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===Family reunion===
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Some immigrants seek to live with loved ones, such as a spouse or other [[family]] members.<ref>N.C. Aizenman, [http://www.washingtonpost.com/wp-dyn/content/article/2006/08/27/AR2006082700771.html Young Migrants Risk All to Reach U.S.: Thousands Detained After Setting Out From Central America Without Parents] ''Washington Post,'' August 28, 2006. Retrieved June 19, 2018.</ref><ref>[http://news.newamericamedia.org/news/view_article.html?article_id=b2579269c3c901ad0ae85bd42dd2920d Love Unites Them, La Migra Separates Them] ''El Observador,'' November 30, 2006. Retrieved June 19, 2018.</ref> As a result, many people live as aliens in the birth country of their spouse.
  
== Countries with permanent residency systems ==
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===Poverty===
{{Unreferencedsection|date=April 2007}}
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Another reason for immigration is to escape [[poverty]]. [[Natural disaster]]s and [[overpopulation]] can amplify poverty-driven [[human migration|migration]] flows. According to [[CBS]] ''60 Minutes,'' U.S. Marine Lance Corporal Jose Gutierrez, one of the first U.S. servicemen to die in combat in [[Iraq]], a former [[street child]] in [[Guatemala]] having been orphaned at age eight, first entered the U.S. as an illegal immigrant in 1997 to escape poverty, and dreamed of being an architect.<ref>Rebecca Leung, The Death Of Lance Cpl. Gutierrez: Simon Reports On Non-Citizen Soldiers CBS 60 Minutes, April 23, 2003.</ref> Sometimes the person moves over the border because the wage-labor ratio is much higher in the neighboring country, as is the case with the U.S. illegal immigration.
Not every country has a facility for someone to be a 'permanent resident'.{{Fact|date=February 2007}} Those that do include:
 
* [[Argentina]]
 
* [[Australian permanent resident|Australia]]
 
* [[Brazil]]
 
* [[permanent resident (Canada)|Canada]] (permanent residents were known as ''landed immigrants'' before 28 June 2002)
 
* [[Chile]]
 
* [[PRC|China]] (Program started from 2004)
 
** [[Hong Kong]] (either through ''Right to land'' or [[Right of abode issue, Hong Kong|Right of Abode]])
 
** [[Macau]]
 
* [[Denmark]]
 
* [[Germany]] (called ''Niederlassungserlaubnis'')
 
* [[Guatemala]]
 
* [[Iran]] [http://www.mfa.gov.ir:7777/mfa/cms/Tehran/en/ConsularAffairs/pasport/Visa/ResidencePermit.html]
 
* [[Israel]] (The term ''toshàv-kéva'' may refer to a permanent resident without citizenship, or to a citizen with registered abode)
 
* [[Japan]]
 
* [[Malaysia]]
 
* [[Netherlands]] (called ''Verblijfsvergunning voor onbepaalde tijd'')
 
* [[New Zealand]]
 
* [[Poland]] (called ''Karta stałego pobytu'')
 
* [[Republic of China]] (Taiwan) [http://www.immigration.gov.tw/]
 
* [[Romania]] (called ''Permis de sedere permanenta'')
 
* [[Russia]] (called ''Vid na zhitelstvo'')
 
* [[Singapore]]
 
* [[Spain]]
 
* [[Sweden]]
 
* [[Switzerland]] (called a ''C permit'')
 
* [[United Kingdom]] (either through ''[[Indefinite Leave to Remain]]'' or ''[[Right of abode#United Kingdom|Right of Abode]]'')
 
* [[United States of America]] (colloquially called "[[United States Permanent Resident Card|Green Card]]")
 
  
== Rights of permanent residents ==
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===Economic opportunity===
Depending on the country, permanent residents usually have the same rights as citizens '''except''' for the rights to:
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Improved international relations and travel technology makes it possible for people to work in other countries as aliens. These people move away from their home countries to seek job opportunities in other lands. These moves may be permanent or temporary as people move with seasonal labor. Some people working as aliens include reporters on foreign assignment, diplomats, translators, and employees of [[multinational corporation]]s.
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== Rights and obligations of permanent residents ==
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Depending on the country, permanent residents usually have the same legal rights as citizens except for the rights to:
 
*[[vote]] (some countries allow this)
 
*[[vote]] (some countries allow this)
 
*stand for [[public office]]
 
*stand for [[public office]]
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*access the country's [[consul]]ar protection (some countries allow this)
 
*access the country's [[consul]]ar protection (some countries allow this)
  
== Obligations of permanent residents ==
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Permanent residents may be required to fulfill specific residence requirements in order to retain their legal status. In some cases, permanent residency may be conditional on a certain type of employment or maintenance of a business.  
Permanent residents may be required to fulfill specific residence obligations to retain their status. In some cases, permanent residency may be conditional on a certain type of employment or maintenance of a business.
 
  
Some countries have compulsory military service for Permanent Residents and Citizens. For example, Singapore requires all males who are citizens and permanent residents to complete a compulsory 2 years of service in the army known as National Service (NS) upon attaining 18 years of age. However, most first generation permanent residents are exempted, and only their sons are held liable for NS.
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Some countries have compulsory military service for Permanent Residents and Citizens. For example, [[Singapore]] requires all males who are citizens and permanent residents to complete a compulsory two years of service in the army known as National Service (NS) upon attaining 18 years of age. However, most first generation permanent residents are exempted, and only their sons are held liable for NS. In a similar vein, the United States has [[Selective Service]], a compulsory ''registration'' for military service, which is required of all male citizens and permanent residents ages 18 to 25; this requirement applies even to those residing in the country illegally.<ref>[https://www.sss.gov/Registration-Info/Who-Registration Who Must Register] Selective Service System: Registration Information. Retrieved June 19, 2018.</ref>
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Applications for citizenship may be denied or otherwise impeded if the applicant cannot prove that they have complied with this requirement.
  
In a similar vein, the United States has [[Selective Service]], a compulsory ''registration'' for military service, which is required of all male citizens and permanent residents ages 18 to 26; this requirement applies even to those residing in the country illegally.<ref>http://www.sss.gov/QA.HTM#quest7 "Are illegal alien males required to register?," Selective Service System: Registration Information (accessed August 14, 2006)</ref>
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Permanent residents may be required to reside in the country offering them residence for a specified minimum length of time (as in [[Australia]]).
Applications for citizenship may be denied or otherwise impeded if the applicant cannot prove having complied with this requirement.
 
  
Permanent residents may be required to reside in the country offering them residence for a given minimum length of time (as in Australia).
 
 
== Loss of status ==
 
 
Permanent residents may lose their status if they fail to comply with [[residency]] or other obligations imposed on them. For example:
 
Permanent residents may lose their status if they fail to comply with [[residency]] or other obligations imposed on them. For example:
 
*they leave the country beyond a maximum number of days
 
*they leave the country beyond a maximum number of days
*they commit crimes so as they may be subject to deportation or removal from the country
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*they commit [[crime]]s so as they may be subject to [[deportation]] or removal from the country
  
 
== Access to citizenship ==
 
== Access to citizenship ==
Usually permanent residents may apply for citizenship by [[naturalisation]] after a period of [[residency]] in the country concerned.
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Usually permanent residents may apply for citizenship by [[naturalization]] after a period of [[residency]] in the country concerned. [[Dual citizenship]] may or may not be permitted.
[[Dual citizenship]] may or may not be permitted.
 
  
In many nations an application for naturalisation can be denied on character grounds sometimes resulting in individuals that are not in danger of being deported but may not proceed to citizenship. In the United States, the residency requirements for citizenship may vary according to the basis for residency; for example, those who achieved legal permanent residence by marriage may apply for citizenship three years after residency was granted, while others must wait five years. Those who have served in the armed forces may qualify for an expedited process allowing citizenship after only one year.<ref>[http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12e596981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD General Naturalization Requirements]</ref>
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In many nations an application for naturalization can be denied on character grounds, sometimes resulting in individuals that are not in danger of being deported but may not proceed to citizenship. In the United States, the residency requirements for citizenship may vary according to the basis for residency; for example, those who achieved legal permanent residence by [[marriage]] may apply for citizenship three years after residency was granted, while others must wait five years. Those who have served in the armed forces may qualify for an expedited process allowing citizenship after only one year.<ref>[https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-citizenship Path to U.S. Citizenship] US Citizenship and Immigration Services. Retrieved June 19, 2018.</ref>
  
==Automatic entitlement==
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==''Gaijin''==
Full permanent residence rights are granted automatically between:
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[[Image:wikipedia_gaikokujin.png|thumb|90px|The characters for '''Gaikokujin'''.]]
* the Republic of Ireland and United Kingdom
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{{nihongo|'''Gaijin'''|外人||extra={{IPA2|ˈɡaɪʥin}}}} or {{nihongo|'''gaikokujin'''|外国人|}} are [[Japanese language|Japanese]] words meaning "foreigner." The words can refer to [[nationality]] or [[ethnicity]]. The word is often the subject of debate as to its appropriateness, particularly in its shortened form. The word ''gaikokujin'' (外国人) is composed of ''gaikoku'' (外国, foreign country) and ''hito''/''jin'' (人, person), so the word literally means "foreign person." ''Gaijin'' (外人) is a common abbreviation of ''gaikokujin.''
* the states of the [[Nordic Council]]
 
  
Rights conferred under the [[European Union]] Treaties do not extend to full permanent residence, but in practise there is little difference.  
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The word was initially not applied to foreigners, and historically, the [[Portugal|Portuguese]], the first [[Europe]]ans to visit Japan, were known as ''nanbanjin'' (南蛮人, "southern barbarians"). When [[United Kingdom|British]] and [[Netherlands|Dutch]] adventurers such as [[William Adams (sailor)|William Adams]] arrived in Japan 50 years later in the early seventeenth century, they were usually known as ''[[Ang Mo|kōmōjin]]'' (紅毛人, "red-haired people"), a term still used in the [[Min Nan]] ([[Taiwanese (linguistics)|Taiwanese]]) dialect of Chinese today.
  
Australian and New Zealand citizens have significant rights of residence in each other's nations under the [[Trans-Tasman Travel Arrangement]].
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The use of ''gaijin'' is not limited to non-Japanese in Japan; Japanese speakers commonly refer to non-Japanese as ''gaijin'' even while they are overseas. Also, people of Japanese descent native to other countries (especially those countries with large Japanese communities) might also call non-descendants ''gaijin,'' as a counterpart to ''nikkei.'' Interestingly, second ''(nisei)'' or third ''(sansei)'' generation ethnic Japanese outside Japan may be referred to as ''gaijin'' if it is intended to emphasize the fact that they are culturally foreign.
  
==Proof of permanent residency==
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==Enemy aliens==
People who are granted permanent residency in a country are usually issued some sort of documentary evidence as legal proof of this status. In the past, many countries would merely stamp the person's passport indicating that the holder was admitted as a permanent resident or that he/she was exempt from immigration control and permitted to work without restriction. Other countries would issue a photo ID card (known in the [[United States]] as a "[[United States Permanent Resident Card|green card]]") or would issue a visa sticker in the person's passport or present them with letter to indicate their permanent resident status.
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In [[law]] an "enemy alien" is a citizen of a country which is in a state of [[conflict]] with the land in which he or she is located. Usually, but not always, the countries are in a state of declared [[war]].
  
In Australia and New Zealand, a printout of permanent residence visa or permit is stuck to a page of the permanent resident's passport.
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Well known examples of enemy aliens were the Japanese citizens residing in the United States during [[World War II]]. Many of these Japanese and Japanese-Americans were imprisoned in [[Internment|internment camps]] by [[Franklin D. Roosevelt|President Roosevelt]] during wartime, alongside many Italian-Americans. It is important, however, to recognize that the Japanese-Americans and Italian-Americans were not actually "aliens," as they held American citizenship; only the non-American citizens can be correctly termed "enemy aliens."
  
In Canada, permanent residents are issued a photo ID card known as PR Card.
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Persons who lived in the USA but who held citizenship in enemy country during World War II, were required to have a Enemy Alien card and register monthly with authorities. Similar regulations existed in Canada and Mexico.
 
 
In Hong Kong, permanent residents are issued a Hong Kong Permanent Identity Card.
 
 
 
In Singapore, permanent residents are issued a blue identity card with their photograph, thumb print and other personal particulars.  
 
 
 
Loss of the identification document and/or the possession of a stolen document are major crimes in many countries.
 
  
 
==Illegal immigration==
 
==Illegal immigration==
 
+
'''Illegal immigration''' refers to [[immigration]] across [[nation]]al [[border]]s in a way that violates the [[immigration law]]s of the destination [[country]]. Under this definition, an illegal immigrant is a foreigner who either has illegally crossed an international political border, be it by land, sea, or air, or a foreigner who has entered a country legally but then overstays his/her visa in order to live and/or work therein.  
'''Illegal immigration''' refers to [[immigration]] across [[nation]]al [[border]]s in a way that violates the [[immigration law]]s of the destination [[country]]. Under this definition, an illegal immigrant is a foreigner who either has illegally crossed an international political border, be it by land, sea or air, or a foreigner who has entered a country legally but then overstays his/her visa in order to live and/or work therein.     
+
    
In [[politics]], the term may imply a larger set of social issues and [[time constraints]] with disputed consequences in areas such as [[economy]], [[social welfare]], [[education]], [[health care]], [[slavery]], [[prostitution]], [[crime]], [[legal protections]], [[voting rights]], [[public services]], and [[human rights]]. [[Illegal emigration]] would be leaving a country in a manner that violates the laws of the country being exited.
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In [[politics]], the term may imply a larger set of social issues and time constraints with disputed consequences in areas such as [[economy]], [[social welfare]], [[education]], [[health care]], [[slavery]], [[prostitution]], [[crime]], [[legal protection]]s, [[voting rights]], [[public service]]s, and [[human rights]]. [[Illegal emigration]] would be leaving a country in a manner that violates the laws of the country being exited.
 
 
==Terms used in Immigration to describe status/citizenship==
 
===Europe===
 
* illegal immigrant <ref name="uk-immigration">[http://news.bbc.co.uk/2/hi/uk_news/politics/5275236.stm Call for illegal immigrant study] at http://news.bbc.co.uk (accessed [[Aug]], 2006)</ref>
 
* clandestine workers<ref>{{cite news
 
| author= Reem Saad
 
| url = http://www.migrationdrc.org/publications/research_reports/EgyptianWorkersInParis.pdf#search=%22clandestine%20workers%20france%22 | title = Egyptian Workers in Paris: Pilot Ethnography
 
| publisher = SRC, American University in Cairo
 
| date = May 2006}}</ref>
 
* ''sans papiers'' [http://www.bok.net/pajol/index.en.html|Bok.net]
 
 
 
===Other Places of the World===
 
*[[boat people]]
 
* IIs (illegal immigrants)
 
 
 
===United States===
 
{{Main|Illegal immigration to the United States#Terminology}}
 
Terms used in the [[United States]] include:
 
* illegal immigrant (Note - A description of this term has been removed due to bias)
 
* unauthorized immigrant/ migrant/ alien/ worker/ resident
 
* paperless immigrant/ migrant/ alien/ worker/ resident
 
* undocumented immigrant/ migrant/ alien / worker/ resident
 
* criminal alien
 
* immigrant "without immigration status"
 
* illegrant "illegal immigrant" (slang) "Illegal alien" is the official term in legislation and the [[United States Border Patrol|border patrol]] for a person who has entered the country illegally or is residing in the [[United States]] illegally after entering legally (for example, using a tourist visa and remaining after the visa expires). that [http://www.cbp.gov/xp/cgov/border_security/border_patrol/border_patrol_sectors/sandiego_sector_ca/faqs.xml]
 
<!-- detailed discussion about terminology should be left to the Definition and terminology section of the Illegal immigration to the United States entry —>
 
 
 
==Causes==
 
===War===
 
One motive of illegal immigration is to escape civil [[war]] or [[Political repression|repression]] in the country of origin. Non-economic push factors include [[persecution]] (religious and otherwise), frequent [[abuse]], [[bullying]], [[oppression]], [[ethnic cleansing]] and even [[genocide]], and risks to civilians during [[List of wars|war]]. Political motives traditionally motivate [[refugee]] flows - to escape [[dictatorship]] for instance.
 
 
 
After 6 years and some months of armed conflict, roughly one of every 20 Colombians now live abroad.<ref name="mis1">{{cite web |url=http://www.migrationinformation.org/Profiles/display.cfm?ID=344 |title=Colombia: In the Crossfire| retrieved=20070122 |date=November 2005|publisher=Migration Information Source  <br /> "In the last decade, large-scale emigration has marked Colombian society, with roughly one of every 10 Colombians now living abroad. Internally, the country has been confronted with a major humanitarian crisis, as forced displacement has reached alarming proportions during the same period. Political, social, and economic problems, coupled with widespread insecurity, have fueled both voluntary and forced migration, while the same factors have acted as powerful deterrents for immigration to the country. After 40 years of armed conflict, various fruitless attempts at peace negotiations, and a persistent [[drug trade]], Colombia remains plagued by violence."}}</ref> Figures from the [[US Department of Homeland Security]] indicate that [[Colombia]] is the fourth-leading source country of unauthorized [[immigration to the United States]]. The estimated number of unauthorized Colombian residents in the US has almost tripled from 51,000 in 1990 to 141,000 in 2000.<ref>Office of Policy and Planning U.S. Immigration and Naturalization Service: [http://www.dhs.gov/xlibrary/assets/statistics/publications/Ill_Report_1211.pdf '''Estimates of the Unauthorized Immigrant Population Residing in
 
'''the United States: 1990 to 2000] page 9.</ref>
 
'''
 
The largest per-capita source of immigrants to the US comes from [[El Salvador]], for which up to a third of the population lives outside the country, mostly in the US.<ref name="bsun1">[http://www.baltimoresun.com/news/opinion/oped/bal-op.elsalvador11jan11,0,460257.story?coll=bal-oped-headlines To slow immigration from El Salvador, understand its causes] Baltimore Sun, January 11, 2007</ref> According to the Santa Clara County Office of Human Relations.
 
:''Despite the fact that the U.S. government’ role in the Salvadoran conflict was unique in sustaining the prolongation of the civil conflict, the government and the U.S. Immigration and Naturalization Service (INS) extended little sympathy to the people affected by the war. In the 1980s, the INS granted only 2% of political asylum applications, claiming that democracy existed in El Salvador and that reports of U.S. and government-sponsored “death squads” were overblown. As a response to the U.S. government’s failure to address the situation of Salvadoran refugees in the U.S., American activists established a loose network to aid refugees. Operating in clear violation of U.S. immigration laws, these activists took refugees into their houses, aided their travel, hid them and helped them find work. This became known as the “sanctuary movement”.''<ref name="santaclara1">[http://www.immigrantinfo.org/kin/elsalvador.htm Knowledge of Immigrant Nationalities
 
of Santa Clara County (KIN): El Salvador]</ref>
 
 
 
The US will accept 70,000 refugees in FY 2007. President [[George W. Bush|Bush]] stated that his eventual goal is a program that resettles 90,000 [[Immigration to the United States#Asylum for refugees|refugees in the United States]] each year. In 2006, the State Department officially re-opened the [[Boat people|Vietnamese resettlement]] program. In recent years, the main refugee sending-region has been [[Africa]] (Somalia, Liberia, Sudan, Ethiopia).<ref>[http://www.ilw.com/articles/2007,0129-barnett.shtm A New Era Of Refugee Resettlement]</ref>
 
 
 
===Family reunion===
 
Some illegal immigrants seek to live with loved ones, such as a spouse or other family members.<ref name="washpost1">[http://www.washingtonpost.com/wp-dyn/content/article/2006/08/27/AR2006082700771.html Young Migrants Risk All to Reach U.S.: Thousands Detained After Setting Out From Central America Without Parents] Washington Post, August 28, 2006</ref><ref name="lamigra">[http://news.newamericamedia.org/news/view_article.html?article_id=b2579269c3c901ad0ae85bd42dd2920d Love Unites Them, La Migra Separates Them]El Observador, November 30, 2006</ref><ref name="haaretz1">[http://www.haaretz.com/hasen/pages/ShArt.jhtml?itemNo=533868 After such respect, such humiliation]Haaretz, January 31, 2005</ref> This is particularly true for the families of binational same sex couples.<ref name="hrw1">[http://hrw.org/reports/2006/us0506/6.htm#_Toc132691968 Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law] Human Rights Watch, May 2, 2006 ''Faced with the unpalatable choice between leaving and living with the person they love in violation of U.S. immigration laws, foreign-born partners may become undocumented—staying after their visa expires.''</ref> The [[Lesbian and Gay Immigration Rights Task Force]] (LGIRTF) warns binational same sex couples in the US that marriage may actually ''increase'' the likelihood of becoming undocumented, rather than ''decreasing'' it. [http://web.archive.org/web/20031202181136/www.lgirtf.org/canadamarriage.html] [http://web.archive.org/web/20040213000645/http://www.lgirtf.org/massmarriage.html] 
 
Other individuals seek to distance themselves from their spouses.
 
 
 
===Poverty===
 
Another reason for illegal immigration is to escape [[poverty]]. [[Natural disasters]] and [[overpopulation]] can amplify poverty-driven [[migration]] flows. According to [[CBS]] [[60 Minutes]], U.S. Marine Lance Corporal Jose Gutierrez, one of the first U.S. servicemen to die in combat in [[Iraq]], a former [[street child]] in [[Guatemala]] having been orphaned at age 8, first entered the US as an illegal immigrant in 1997 to escape poverty, and dreamed of being an architect.<ref name="gutierrez">[http://www.cbsnews.com/stories/2003/04/23/60II/main550779.shtml The Death Of Lance Cpl. Gutierrez: Simon Reports On Non-Citizen Soldiers]CBS 60 Minutes, Aug. 20, 2003</ref> Sometimes the person moves over the border because the wage-labor ratio is much higher in the neighboring country, as is the case with the US illegal immigration.
 
 
 
===Prostitution and Slavery===
 
Illegal immigrants may also be [[Trafficking in human beings|trafficked]]. After the end of the legal international [[slave trade]] by the [[Europe]]an nations and the United States in the early [[19th century]], the illegal importation of [[slave]]s has continued, albeit at much reduced levels. Although not as common as in Europe, Asia, Africa and Latin America, some women are undoubtedly smuggled into the United States and Canada{{Fact|date=June 2007}}. The so-called "[[white slave trade]]" referred to the smuggling of women, almost always under duress or fraud, for the purposes of forced prostitution. Now more generically called "[[sexual slavery]]" it continues to be a problem, particularly in [[Eastern Europe]] and the [[Middle East]], though there has been an increase in the number of cases in the U.S. [http://www.freerepublic.com/focus/news/708266/posts] [http://www.walnet.org/csis/papers/doezema-loose.html#moralpanics]  People may also be kidnapped or tricked into slavery to work as laborers, for example in factories.  Those trafficked in this manner often face additional barriers to escaping slavery, since their status as illegal immigrants makes it difficult for them to gain access to help or services.  For example [[Burma|Burmese]] women trafficked into Thailand and forced to work in factories or as prostitutes may not speak the language and may be vulnerable to abuse by police due to their illegal immigrant status.<ref>{{cite book
 
  | last = Bales
 
  | first = Kevin
 
  | authorlink = Kevin Bales
 
  | title = Disposable People: New Slavery in the Global Economy
 
  | publisher = University of California Press
 
  | date = 1999
 
  | id = ISBN 0-520-22463-9  }}</ref>
 
 
 
In the [[Dominican Republic]], Haitian migrant workers are sold into slavery on Dominican Sugar plantations, including children.  <Ref>http://www.thepriceofsugar.com</Ref>  <Ref> "No Papers, No Rights" New York Times 2005 </Ref>Some Haitian children have allegedly been forced to work as prostitutes in the Dominican sexual tourism industry.  <Ref>http://gvnet.com/humantrafficking/DominicanRepublic.htm</Ref> Currently the Dominican sex trade ranks third in the world, only behind Thailand and the Philippines. <Ref> http://www.aegis.com/news/mh/1997/MH970604.html </Ref>
 
 
 
==Methods==
 
===Border crossing===
 
[[Image:Office of CBP Air and Marine helicopter and boats.jpg|thumb|Border control at sea by the [[U.S. Customs and Border Protection]]]]
 
Immigrants from nations that do not have an automatic visa agreements, or who would not otherwise qualify for a visa, often cross the borders illegally in some areas like the [[United States–Mexico border]], the [[Mona Channel]] between the [[Dominican Republic]] and [[Puerto Rico]], the [[Strait of Gibraltar]], [[Fuerteventura]], and the [[Strait of Otranto]]. Because these methods are illegal, they are often dangerous.  Would-be immigrants suffocate in [[Containerization|shipping containers]] [http://www.cbc.ca/world/story/2000/01/10/migrants000110.html], [[boxcar]]s [http://www.visalaw.com/98aug/33aug98.html], and trucks [http://english.people.com.cn/english/200103/06/eng20010306_64193.html], sink in [[shipwreck]]s caused by unseaworthy vessels [http://pakistantimes.net/2004/10/05/top5.htm], die of [[dehydration]] [http://www.americanchronicle.com/articles/viewArticle.asp?articleID=21975] or [[exposure]] during long walks without water.
 
 
 
A official estimate puts the number of people who died in illegal crossings across the U.S.-Mexican border between 1998 and 2004 at 1954 people (see [[immigrant deaths along the U.S.-Mexico border]]).
 
 
 
[[Human smuggling]] is the practice of intermediaries aiding illegal immigrants in crossing over international borders in financial gain, often in large groups. Human smuggling differs from, but is sometimes associated with, [[human trafficking]]. A human smuggler will facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is usually free. Trafficking involves a process of using physical force, [[fraud]], or [[deception]] to obtain and transport people.
 
 
 
Types of notorious human smugglers include [[Snakehead (gang)|Snakehead]] [[gang]]s present in [[mainland China]] (especially in [[Fujian]]) that smuggle laborers into [[Pacific Rim]] nations (making [[Chinatown]]s frequent centers of illegal immigration) [http://www.geocities.com/humanperil/FUZHOU.html] and "coyotes," who smuggle illegal immigrants to the [[Southwestern United States]] and have been known to abuse or even kill migrants in attempts to have the debt repaid. [http://www.signonsandiego.com/news/mexico/tijuana/20060723-9999-1m23killed.html] Sometimes immigrants are abandoned by their human traffickers if there are difficulties, often dying in the process. Others may be victims of intentional killing.
 
 
 
===Overstays===
 
Some illegal immigrants enter a country legally and then overstay or violate their [[Visa (document)|visa]]. [http://www.workpermit.com/news/2005_10_24/us/immigrants_overstay_visas_us.htm] For example, most of the estimated 200,000 illegal immigrants in [[Canada]] (perhaps as high as 500,000), are refugee claimants whose refugee applications were rejected but who have not yet been ejected from the country.<ref>{{cite news | author = Marina Jimenez | url = http://www.theglobeandmail.com/servlet/Page/document/v4/sub/MarketingPage?user_URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FLAC.20031115.UILLE15%2FTPStory%2F%3Fquery%3DCanada%2527s%2Bunderground%2Beconomy%2B&ord=1155738419213&brand=theglobeandmail&force_login=true| title = 200,000 illegal immigrants toiling in Canada's underground economy | publisher = Globe and Mail| date = 11/15/03}}</ref>
 
 
 
A related way of becoming an illegal immigrant is through bureaucratic means. For example, a person can be allowed to remain in a country - or be protected from expulsion - because he/she needs special pension for a medical condition, etc., without being able to regularize his/her situation and obtain a work and/or residency permit, let alone [[naturalization]]. Hence, categories of people being neither illegal immigrants nor legal citizens are created, living in a judicial "no man's land." Another example is formed by children of foreigners born in countries observing ''[[jus soli]]'' ("right of territory"), such as [[France]]. In that country, one may obtain French nationality if one is born in France - but, due to recent legislative changes, it is only granted at the age of eighteen, and only upon request.
 
 
 
==Legal and political status==
 
 
 
Many countries have had or currently have laws restricting immigration for economic or [[nationalism|nationalistic]] political reasons. Whether a person is permitted to stay in a country legally may be decided by [[Emergency Quota Act|quota]]s or point systems or may be based on considerations such as family ties (marriage, elderly mother, etc.). Exceptions relative to political refugees or to sick people are also common. Immigrants who do not participate in these legal proceedings or who are denied permission under them and still enter or stay in the country are illegal immigrants. [http://149.101.23.2/graphics/publicaffairs/factsheets/948.htm]
 
 
 
Most countries have laws requiring workers to have proper documentation, often intended to prevent or minimize the employment of unauthorized immigrants. However the penalties against employers are often small and the acceptable identification requirements vague and ill-defined as well as being seldom checked or enforced, making it easy for employers to hire unauthorized labor. Unauthorized immigrants are especially popular with many employers because they can pay less than the legal [[minimum wage]] or have unsafe working conditions, secure in the knowledge that few unauthorized workers will report the abuse to the authorities. Often the minimum wages in one country can be several times the prevailing wage in the unauthorized immigrant's country, making even these jobs attractive to the unauthorized worker.
 
 
 
In response to the outcry following popular knowledge of [[the Holocaust]], the newly-established [[United Nations]] held an international conference on [[refugees]], where it was decided that refugees (legally defined to be people who are persecuted in their original country and then enter another country seeking safety) should be exempted from immigration laws. [http://www.unhchr.ch/html/menu3/b/o_c_ref.htm]  It is, however, up to the countries involved to decide if a particular immigrant is a refugee or not, and hence whether they are subject to the immigration controls.
 
 
 
The right to [[freedom of movement]] of an individual within National borders is often contained within the [[constitution]] or in a country's [[human rights]] legislation but these rights are restricted to [[citizen]]s and exclude all others. Some argue that the freedom of movement both within and between countries is a basic human right and that [[nationalism]] and immigration policies of state governments violate this human right that those same governments recognize within their own borders. According to the [[Universal Declaration of Human Rights]], fundamental human rights are violated when citizens are forbidden to leave their country. (Article 13). This, however, only assists immigrants with the first part of their immigration process and does not assist with the second, finding a new home.
 
 
 
Since illegal immigrants without proper legal status have no valid identification documents such as [[identity card]]s, they may have reduced or no access to [[public health]] systems, proper housing, [[education]] and [[bank]]s.  This lack of access may result in the creation or expansion of  illegal underground forgery to provide this documentation. [http://www.americanchronicle.com/articles/viewArticle.asp?articleID=9736].
 
 
 
When the authorities are overwhelmed in their efforts to stop illegal immigration, they have historically provided [[amnesty]]. Amnesties, which are becoming less tolerated by the citizenry, [http://www.tscl.org/NewContent/102756.asp] waive the "subject to deportation" clause associated with illegal aliens.
 
 
 
==European Union==
 
The European Union is developing a common system for immigration and asylum and a single external border control strategy.
 
 
 
In [[France]], helping an illegal immigrant (providing shelter, for example) is prohibited by a law passed on December 27, 1994 under the [[cohabitation (government)|cohabitation]] between socialist President [[François Mitterrand]] and right-wing Premier ministre [[Edouard Balladur]] [http://www.monde-diplomatique.fr/1995/06/ROCHU/1546]. The law was heavily criticized by [[non-governmental organization]]s (NGOs) such as the CIMADE or the [[GISTI]], left-wing political parties such as the [[Greens (France)|Greens]] or the [[French Communist Party]], and [[trade-union]]s such as the magistrates' ''[[Syndicat de la magistrature]]''. 
 
 
 
The Turkish newspaper Hürriyet published stories once in July 2004 and a second time in May 2006 that  [[Hellenic Coast Guard]] ships were caught on film cruising as near as a few hundred meters off the Turkish coast and abandoning clandestine immigrants to the sea. This practice presumably resulted in the drowning of six people between [[Chios]] and [[Karaburun Peninsula, İzmir|Karaburun Peninsula]] on 26 September 2006 while three others disappeared and 31 were saved by Turkish gendarmes and fishermen.<ref> [http://deletetheborder.org/aggregator/sources/10 Delete the Border] quoting [[Khaleej Times]]; 
 
[http://www.adnki.com/index_2Level_English.php?cat=Security&loid=8.0.344294326&par=0 ADN Kronos] Survivors of the immigrant boat tragedy accuse Greeks (in [[English language|English]]) - [http://hurarsiv.hurriyet.com.tr/goster/haber.aspx?id=5115588&tarih=2006-09-20]
 
[http://proje.hurriyet.com.tr/msnnews/?path=/gundem/5152587.asp&y=41] [http://proje.hurriyet.com.tr/msnnews/?path=/gundem/5155756.asp&y=41].  The newspaper [[Hürriyet]] (in [[Turkish language|Turkish]]). Three of the drowned were [[Tunisian people|Tunisians]], one was [[Algerian]], one [[Palestinian people|Palestinian]] and the other [[Iraqi people|Iraqi]]. The three disappeared were also Tunisians. </ref> However, there are numerous non-Turkish claims and testimonies that Turkish authorities and/or citizens lead immigrants through the sea, often resulting to the abandonment and sometimes drowning of said immigrants.
 
 
 
===Death of illegal immigrants===
 
According to the [http://fortresseurope.blogspot.com Fortress Europe] observatory on the victims of illegal migration, at least 8,175 people have died since 1988 along the European frontiers. Among them, 2,755 were  lost or missing in the sea.
 
 
 
In the Mediterranean Sea, and through the Atlantic Ocean toward [[Spain]], 6,027 immigrants died. In the Sicily channel 1,929 people died along the routes from [[Libya]] and [[Tunisia]] to [[Malta]] and [[Italy]], including 1,118 missing; 33 other people drowned sailing from Algeria to Sardinia. Along the routes from [[Mauritania]], [[Morocco]] and [[Algeria]] toward Spain, through the Gibraltar Strait or off the [[Canary Islands]], at least 2,929 people died, including 1,206 who were missing. Then 514 people died in the Aegean sea, between [[Turkey]] and [[Greece]], including 252 missing.  474 people died in the Adriatic sea, between Albania, Montenegro and Italy, including 136 missing. But the sea is not crossed only aboard makeshift boats. Sailing hidden inside registered cargo vessels, 148 men died by asphyxiation or drowning.
 
 
 
In order to arrive to the sea, the dangerous passage of the [[Sahara]] is necessary. People have crossed it on trucks and off-road vehicles along the tracks between [[Sudan]], [[Chad]], [[Niger]] and [[Mali]] one one side and Libya and Algeria on the other. On this passage at least 1,069 people have died since 1996. But according to the survivors, nearly every travel counts its victims. So the number of the victims could be higher and higher. The data also includes the victims of the collective deportations practiced by Tripoli, Algeri and Rabat Governments, accustomed to abandoning groups of hundreds migrants in open desert border areas.
 
 
 
In Libya, serious migrants abuses have been recorded. There are not any official data, but in 2006 Human Rights Watch and AFVIC accused Tripoli of arbitrary arrests, beatings and tortures in the migrant detention centers, three of which are financed by Italy. In September 2000 in Zawiyah, in northwest Libya, at least 560 foreigners were killed during racist putsches.
 
 
 
Traveling stowaways in the trucks, 247 people were found dead in Albania, France, Germany, Greece, Turkey, U.K., Ireland, Italy, Holland, Spain and Hungary.
 
 
 
There are still mine-fields along Evros river between the Greece-Turkey border. Here at least 88 people died over the mines trying to enter Greece.
 
 
 
Additionally, 51 persons drowned crossing rivers delimiting the frontier between Croatia and Bosnia; Turkey and Greece; Slovakia and Austria; and Slovenia and Italy. Forty-one people froze to death in their tracks through the icy mountains at the border among in Turkey, Greece and Slovakia; 20 people died under the trains in the Channel tunnel trying to reach England; 33 people were shot dead by Spanish and Moroccan police or injured along the border fence of Ceuta and Melilla Spanish enclaves in Morocco; 11 people burnt after a deportation center in Holland caught fire; 11 people were killed by Turkish, French and Yugoslav policemen; and 8 men were found dead hidden in the undercarriages of planes.
 
 
 
==United States==
 
{{Main|Illegal immigration to the United States}}
 
Illegal immigration has been a longstanding issue in the United States, creating immense controversy.
 
 
 
The [[Pew Hispanic Center]] state that 57% of illegal aliens are of [[Mexican]] origin and about 24% are of non-Mexican Latin American origin. [http://pewhispanic.org/files/reports/46.pdf] They also report that while the number of legal immigrants (including LPRs, refugees, and asylees) arriving has not varied substantially since the 1980s, the number of illegal aliens has increased dramatically and, since the mid 1990s, has surpassed the number of legal immigrants. [http://pewhispanic.org/files/reports/46.pdf]
 
 
 
==Argentina==
 
Illegal immigration has been a relatively important factor in recent [[Argentine]] demographics. Most illegal immigrants come from [[Bolivia]], and [[Paraguay]], countries which border [[Argentina]] to the north. Smaller numbers arrive from [[Chile]], [[Uruguay]], [[Brazil]], [[Ukraine]], [[Peru]], [[Ecuador]], [[Romania]], [[Dominican Republic]], [[Cuba]] and the People's Republic of [[China]]. The Argentine government estimates that 750,000 inhabitants lack official documents and has launched a program called Patria Grande ("Greater Homeland"), to encourage illegal immigrants to regularize their status; so far some 200,000 applications have been processed under the program.
 
Argentina remains the only Latin American nation that holds a positive net migration rate.
 
 
 
==Mexico==
 
The Mexican constitution restricts non-citizens from participating in politics, holding office, or serving on the crews of Mexican-flagged ships or airplanes.
 
 
 
In the first six months of 2005 alone, more than 120,000 people from [[Central America]] have been deported to their countries of origin. This is a significantly higher rate than in 2002, when for the entire year, only 130,000 people were deported [http://www.jornada.unam.mx/2005/08/24/018n3pol.php]. Another important group of people are those of Chinese origin, who pay about $5,500 to smugglers to be taken to Mexico from [[Hong Kong]]. It is estimated that 2.4% of rejections for work permits in Mexico correspond to Chinese citizens [http://www.cimacnoticias.com/noticias/01dic/01122403.html]. Many women from [[Eastern Europe]], [[Asia]], the United States, and Central and [[South America]] are also offered jobs at [[table dance]] establishments in large cities throughout the country causing the [[National Institute of Migration]] (INM) in Mexico to raid [[strip clubs]] and deport foreigners who work without the proper documentation [http://www.tvazteca.com/hechos/archivos2/2004/10/102327.shtml].  In 2004, the INM deported 188,000 people at a cost of [[United States dollar|$]]10 million [http://www.migracion.gob.mx/paginas/entrevistas/entrevista10feb2004.htm].
 
 
 
Illegal immigration of Cubans through [[Cancún]] tripled from 2004 to 2006 [http://www.eluniversal.com.mx/notas/415621.html]
 
-
 
==Malaysia==
 
{{Main|Illegal immigrants in Malaysia}}
 
An ethnic [[Malaysian Indian|Indian Malaysian]] was recently sentenced to whipping and 10 months in prison for hiring six illegal immigrants at his restaurant. "I think that after this, Malaysian employers will be afraid to take in foreign workers (without work permits). They will think twice," said immigration department prosecutor Azlan Abdul Latiff. “This is the first case where an employer is being sentenced to caning,” he told. Illegal immigrants also face caning before being deported.<ref>[http://www.malaysianbar.org.my/content/view/10390/2/ Malaysian man receives unusually harsh punishment for employing illegals]</ref> There are an estimated 800,000 illegal immigrants in [[Malaysia]].<ref>[http://timesofindia.indiatimes.com/articleshow/1832645.cms Indians among illegal immigrants rounded up in Malaysia]</ref>
 
 
 
==In law==
 
In [[law]] an '''enemy alien''' is a citizen of a country which is in a state of conflict with the land in which he or she is located.  Usually, but not always, the countries are in a state of declared war.
 
 
 
Well known examples of enemy aliens were the Japanese citizens residing in the United States during [[World War II]]. Many of these Japanese and Japanese-Americans were imprisoned in [[Internment|internment camps]] by [[Franklin D. Roosevelt|President Roosevelt]] during wartime, alongside many Italian-Americans. It is important, however, to recognise that the Japanese-Americans and Italian-Americans were not actually "aliens," as they held American citizenship, only the non-American citizens can be correctly termed "enemy aliens."
 
 
 
Persons who lived in the USA but who held citizenship in enemy country during World War II, were required to have a Enemy Alien card and register monthly with authorities. Similar regulations existed in Canada and Mexico.
 
  
 
==Notes==
 
==Notes==
Line 248: Line 91:
  
 
==References==
 
==References==
* Barkan, Elliott R. "Return of the Nativists? California Public Opinion and Immigration in the 1980s and 1990s." ''Social Science History'' 2003 27(2): 229-283. in Project Muse
 
* Vanessa B. Beasley, ed. ''Who Belongs in America?: Presidents, Rhetoric, And Immigration'' (2006)
 
* Borjas, G.J. "The economics of immigration," ''Journal of Economic Literature'', v 32 (1994), pp. 1667-717
 
* Cull, Nicholas J. and Carrasco, Davíd, ed. ''Alambrista and the US-Mexico Border: Film, Music, and Stories of Undocumented Immigrants'' U. of New Mexico Press, 2004. 225 pp.
 
* Thomas J. Espenshade; "Unauthorized Immigration to the United States" ''Annual Review of Sociology''. Volume: 21. 1995. pp 195+.
 
* Flores, William V. "New Citizens, New Rights: Undocumented Immigrants and Latino Cultural Citizenship" ''Latin American Perspectives'' 2003 30(2): 87-100
 
* Griswold, Daniel T.; "[http://www.freetrade.org/node/44 Willing Workers: Fixing the Problem of Illegal Mexican Migration to the United States]," Trade Policy Analysis no. 19, October 15, 2002.
 
* Nicholas Laham; ''Ronald Reagan and the Politics of Immigration Reform'' Praeger Publishers. 2000.
 
* Lisa Magaña, ''Straddling the Border: Immigration Policy and the INS'' (2003)j63-a12036-m12i-3620+3e
 
* Mohl, Raymond A. "Latinization in the Heart of Dixie: Hispanics in Late-twentieth-century Alabama" ''Alabama Review'' 2002 55(4): 243-274. ISSN 0002-4341 9-4894945651
 
* Ngai, Mae M. ''Impossible Subjects: Illegal Aliens and the Making of Modern America'' (2004), 90952-15665
 
* Ngai, Mae M. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965" ''Law and History Review'' 2003 21(1): 69-107. ISSN 0738-2480 Fulltext in History Cooperative
 
* Mireille Rosello; "Representing Illegal Immigrants in France: From Clandestins to L'affaire Des Sans-Papiers De Saint-Bernard" ''Journal of European Studies'', Vol. 28, 1998 959525126
 
* [[Dowell Myers]] (2007), ''[[Immigrants and Boomers: Forging a New Social Contract for the Future of America]]'', Russell Sage Foundation, ISBN 978-0-87154-636-4.
 
* Tranaes, T. and Zimmermann, K.F. (eds), ''Migrants, Work, and the Welfare State'', Odense, University Press of Southern Denmark, (2004)
 
* Venturini, A. ''Post-War Migration in Southern Europe. An Economic Approach'' Cambridge University Press (2004)
 
* Zimmermann, K.F. (ed.), ''European Migration: What Do We Know?'' Oxford University Press, (2005)
 
  
==External links==
+
* Barkan, Elliott R. "Return of the Nativists? California Public Opinion and Immigration in the 1980s and 1990s." ''Social Science History'' 27(2)(2003): 229-283. in Project Muse
*[http://www.usa-international-offshore-expatriate-tax.com/resident_alien_tax.asp Resident Alien Information]
+
* Beasley, Vanessa B. ed. ''Who Belongs in America?: Presidents, Rhetoric, And Immigration.'' 2006.
*[http://legal-definitions.info/aliens Aliens (Encyclopedic Entry)]
+
* Borjas, G.J. "The economics of immigration," ''Journal of Economic Literature'' 32 (1994): 1667-1717
 +
* Cull, Nicholas J. and Davíd Carrasco, ed. ''Alambrista and the US-Mexico Border: Film, Music, and Stories of Undocumented Immigrants.'' New Mexico: U. of New Mexico Press, 2004.
 +
* Espenshade, Thomas J. "Unauthorized Immigration to the United States" ''Annual Review of Sociology'' 21(1995): 195-.
 +
* Flores, William V. "New Citizens, New Rights: Undocumented Immigrants and Latino Cultural Citizenship" ''Latin American Perspectives'' 30(2)(2003): 87-100
 +
* Griswold, Daniel T.; "[https://www.cato.org/publications/trade-policy-analysis/willing-workers-fixing-problem-illegal-mexican-migration-united-states Willing Workers: Fixing the Problem of Illegal Mexican Migration to the United States]," ''Trade Policy Analysis'' no. 19, October 15, 2002. Retrieved June 19, 2018.
 +
* Laham, Nicholas. ''Ronald Reagan and the Politics of Immigration Reform.'' Praeger Publishers, 2000. 
 +
* Magaña, Lisa. ''Straddling the Border: Immigration Policy and the INS.'' University of Texas Press, 2003.  ISBN 978-0292701762
 +
* Mohl, Raymond A. "Latinization in the Heart of Dixie: Hispanics in Late-twentieth-century Alabama" ''Alabama Review''  55(4)(2002): 243-274. {{ISSN|0002-4341}}
 +
* Ngai, Mae M. ''Impossible Subjects: Illegal Aliens and the Making of Modern America.'' Princeton University Press, 2014. ISBN 978-0691160825
 +
* Ngai, Mae M. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965" ''Law and History Review'' 21(1)(2003): 69-107. {{ISSN|738-2480}}
 +
* Myers, Dowell, ''Immigrants and Boomers: Forging a New Social Contract for the Future of America.'' Russell Sage Foundation, 2007. ISBN 978-0871546364
 +
* Rosello, Mireille. "Representing Illegal Immigrants in France: From Clandestins to L'affaire Des Sans-Papiers De Saint-Bernard" ''Journal of European Studies'' 28(1998) {{ISSN|959525126}}
 +
* Tranaes, T. and K.F. Zimmermann, (eds) ''Migrants, Work, and the Welfare State.'' Odense: University Press of Southern Denmark, 2004.
 +
* Venturini, A. ''Post-War Migration in Southern Europe. An Economic Approach.'' Cambridge University Press, 2004.
 +
* Zimmermann, K.F. (ed.). ''European Migration: What Do We Know?'' Oxford University Press, 2005.
  
{{credits|Alien_(law)|154420724|Permanent_residency|156337236|Illegal_immigration|156329078|Enemy_alien|154438906}}
+
{{credits|Alien_(law)|154420724|Permanent_residency|156337236|Illegal_immigration|156329078|Enemy_alien|154438906|Gaijin|167969580|}}

Latest revision as of 00:39, 9 January 2023


This article is about the legal term alien referring to citizens of other countries; for the beings from other planets see extraterrestrial life

In law, an alien is a person who owes political allegiance to another country or is not a native or citizen of the land in which they live. Aliens may live legally or illegally in their host country. Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country despite not having citizenship. A person with such status is known as a permanent resident. Aliens and permanent residents often have access to becoming a citizen of their adopted country depending on the length of time they have been in the new country.

The concept of a person as an alien in a country other than their homeland is not a modern one. Greeks formerly referred to any non-Greeks as barbarians and the Japanese have the concept of gaijin for foreigners. That said, there is a long history of considering aliens in national and international law dating back to the Roman Empire. Modern creations like the European Union (EU) highlight the importance of alien status in law, as all citizens of the EU have the right to travel, live, and work in any member state, with wages and working conditions to be the same for citizens and aliens. This arrangement is a significant advance in securing human rights for all, and offers a possible model for other regions of the world to follow suit. Ultimately, in a world of peace and harmony, all people are accepted and embraced wherever they go; there are no aliens, only a diversity of people living for the common good.

Terminology

Terms used to describe aliens include:

  • migrant workers
  • permanent residents
  • economic migrants
  • boat people
  • illegal immigrant [1]
  • clandestine workers[2]
  • sans papiers[3]
  • unauthorized immigrant/ migrant/ alien/ worker/ resident
  • paperless immigrant/ migrant/ alien/ worker/ resident
  • undocumented immigrant/ migrant/ alien / worker/ resident
  • criminal alien
  • immigrant "without immigration status"
  • illegrant "illegal immigrant" (slang) "Illegal alien" is the official term in legislation and the border patrol for a person who has entered the country illegally or is residing in the United States illegally after entering legally (for example, using a tourist visa and remaining after the visa expires).

Causes

People choose to become aliens for any number of reasons. Often their homeland is no longer a welcoming place or they see their new destination as a significant improvement over their homeland.

War

One motive of immigration is to escape civil war or repression in the country of origin. Non-economic push factors include persecution (religious and otherwise), frequent abuse, bullying, oppression, ethnic cleansing, and even genocide, and risks to civilians during war. Political motives traditionally motivate refugee flows - to escape dictatorship for instance.

In the early twenty-first century, the largest source of refugees to the U.S. has been Africa (Somalia, Liberia, Sudan, and Ethiopia).[4]

Family reunion

Some immigrants seek to live with loved ones, such as a spouse or other family members.[5][6] As a result, many people live as aliens in the birth country of their spouse.

Poverty

Another reason for immigration is to escape poverty. Natural disasters and overpopulation can amplify poverty-driven migration flows. According to CBS 60 Minutes, U.S. Marine Lance Corporal Jose Gutierrez, one of the first U.S. servicemen to die in combat in Iraq, a former street child in Guatemala having been orphaned at age eight, first entered the U.S. as an illegal immigrant in 1997 to escape poverty, and dreamed of being an architect.[7] Sometimes the person moves over the border because the wage-labor ratio is much higher in the neighboring country, as is the case with the U.S. illegal immigration.

Economic opportunity

Improved international relations and travel technology makes it possible for people to work in other countries as aliens. These people move away from their home countries to seek job opportunities in other lands. These moves may be permanent or temporary as people move with seasonal labor. Some people working as aliens include reporters on foreign assignment, diplomats, translators, and employees of multinational corporations.

Rights and obligations of permanent residents

Depending on the country, permanent residents usually have the same legal rights as citizens except for the rights to:

  • vote (some countries allow this)
  • stand for public office
  • apply for public sector employment (some countries allow this)
  • apply for employment involving national security
  • own certain classes of real estate
  • hold the passport of that country
  • access the country's consular protection (some countries allow this)

Permanent residents may be required to fulfill specific residence requirements in order to retain their legal status. In some cases, permanent residency may be conditional on a certain type of employment or maintenance of a business.

Some countries have compulsory military service for Permanent Residents and Citizens. For example, Singapore requires all males who are citizens and permanent residents to complete a compulsory two years of service in the army known as National Service (NS) upon attaining 18 years of age. However, most first generation permanent residents are exempted, and only their sons are held liable for NS. In a similar vein, the United States has Selective Service, a compulsory registration for military service, which is required of all male citizens and permanent residents ages 18 to 25; this requirement applies even to those residing in the country illegally.[8] Applications for citizenship may be denied or otherwise impeded if the applicant cannot prove that they have complied with this requirement.

Permanent residents may be required to reside in the country offering them residence for a specified minimum length of time (as in Australia).

Permanent residents may lose their status if they fail to comply with residency or other obligations imposed on them. For example:

  • they leave the country beyond a maximum number of days
  • they commit crimes so as they may be subject to deportation or removal from the country

Access to citizenship

Usually permanent residents may apply for citizenship by naturalization after a period of residency in the country concerned. Dual citizenship may or may not be permitted.

In many nations an application for naturalization can be denied on character grounds, sometimes resulting in individuals that are not in danger of being deported but may not proceed to citizenship. In the United States, the residency requirements for citizenship may vary according to the basis for residency; for example, those who achieved legal permanent residence by marriage may apply for citizenship three years after residency was granted, while others must wait five years. Those who have served in the armed forces may qualify for an expedited process allowing citizenship after only one year.[9]

Gaijin

The characters for Gaikokujin.

Gaijin (外人 IPA: [ˈɡaɪʥin]) or gaikokujin (外国人) are Japanese words meaning "foreigner." The words can refer to nationality or ethnicity. The word is often the subject of debate as to its appropriateness, particularly in its shortened form. The word gaikokujin (外国人) is composed of gaikoku (外国, foreign country) and hito/jin (人, person), so the word literally means "foreign person." Gaijin (外人) is a common abbreviation of gaikokujin.

The word was initially not applied to foreigners, and historically, the Portuguese, the first Europeans to visit Japan, were known as nanbanjin (南蛮人, "southern barbarians"). When British and Dutch adventurers such as William Adams arrived in Japan 50 years later in the early seventeenth century, they were usually known as kōmōjin (紅毛人, "red-haired people"), a term still used in the Min Nan (Taiwanese) dialect of Chinese today.

The use of gaijin is not limited to non-Japanese in Japan; Japanese speakers commonly refer to non-Japanese as gaijin even while they are overseas. Also, people of Japanese descent native to other countries (especially those countries with large Japanese communities) might also call non-descendants gaijin, as a counterpart to nikkei. Interestingly, second (nisei) or third (sansei) generation ethnic Japanese outside Japan may be referred to as gaijin if it is intended to emphasize the fact that they are culturally foreign.

Enemy aliens

In law an "enemy alien" is a citizen of a country which is in a state of conflict with the land in which he or she is located. Usually, but not always, the countries are in a state of declared war.

Well known examples of enemy aliens were the Japanese citizens residing in the United States during World War II. Many of these Japanese and Japanese-Americans were imprisoned in internment camps by President Roosevelt during wartime, alongside many Italian-Americans. It is important, however, to recognize that the Japanese-Americans and Italian-Americans were not actually "aliens," as they held American citizenship; only the non-American citizens can be correctly termed "enemy aliens."

Persons who lived in the USA but who held citizenship in enemy country during World War II, were required to have a Enemy Alien card and register monthly with authorities. Similar regulations existed in Canada and Mexico.

Illegal immigration

Illegal immigration refers to immigration across national borders in a way that violates the immigration laws of the destination country. Under this definition, an illegal immigrant is a foreigner who either has illegally crossed an international political border, be it by land, sea, or air, or a foreigner who has entered a country legally but then overstays his/her visa in order to live and/or work therein.

In politics, the term may imply a larger set of social issues and time constraints with disputed consequences in areas such as economy, social welfare, education, health care, slavery, prostitution, crime, legal protections, voting rights, public services, and human rights. Illegal emigration would be leaving a country in a manner that violates the laws of the country being exited.

Notes

  1. Call for illegal immigrant study. BBC News, August 22, 2006. Retrieved June 19, 2018.
  2. Reem Saad, Egyptian Workers in Paris: Pilot Ethnography SRC, American University in Cairo, May 2005. Retrieved June 19, 2018.
  3. Angelique Chrisafis, Crackdown on 'sans papiers' The Guardian, November 16, 2010. Retrieved June 19, 2018.
  4. Don Barnett, A New Era Of Refugee Resettlement Immigration Daily. Retrieved June 19, 2018.
  5. N.C. Aizenman, Young Migrants Risk All to Reach U.S.: Thousands Detained After Setting Out From Central America Without Parents Washington Post, August 28, 2006. Retrieved June 19, 2018.
  6. Love Unites Them, La Migra Separates Them El Observador, November 30, 2006. Retrieved June 19, 2018.
  7. Rebecca Leung, The Death Of Lance Cpl. Gutierrez: Simon Reports On Non-Citizen Soldiers CBS 60 Minutes, April 23, 2003.
  8. Who Must Register Selective Service System: Registration Information. Retrieved June 19, 2018.
  9. Path to U.S. Citizenship US Citizenship and Immigration Services. Retrieved June 19, 2018.

References
ISBN links support NWE through referral fees

  • Barkan, Elliott R. "Return of the Nativists? California Public Opinion and Immigration in the 1980s and 1990s." Social Science History 27(2)(2003): 229-283. in Project Muse
  • Beasley, Vanessa B. ed. Who Belongs in America?: Presidents, Rhetoric, And Immigration. 2006.
  • Borjas, G.J. "The economics of immigration," Journal of Economic Literature 32 (1994): 1667-1717
  • Cull, Nicholas J. and Davíd Carrasco, ed. Alambrista and the US-Mexico Border: Film, Music, and Stories of Undocumented Immigrants. New Mexico: U. of New Mexico Press, 2004.
  • Espenshade, Thomas J. "Unauthorized Immigration to the United States" Annual Review of Sociology 21(1995): 195-.
  • Flores, William V. "New Citizens, New Rights: Undocumented Immigrants and Latino Cultural Citizenship" Latin American Perspectives 30(2)(2003): 87-100
  • Griswold, Daniel T.; "Willing Workers: Fixing the Problem of Illegal Mexican Migration to the United States," Trade Policy Analysis no. 19, October 15, 2002. Retrieved June 19, 2018.
  • Laham, Nicholas. Ronald Reagan and the Politics of Immigration Reform. Praeger Publishers, 2000.
  • Magaña, Lisa. Straddling the Border: Immigration Policy and the INS. University of Texas Press, 2003. ISBN 978-0292701762
  • Mohl, Raymond A. "Latinization in the Heart of Dixie: Hispanics in Late-twentieth-century Alabama" Alabama Review 55(4)(2002): 243-274. ISSN 0002-4341
  • Ngai, Mae M. Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton University Press, 2014. ISBN 978-0691160825
  • Ngai, Mae M. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965" Law and History Review 21(1)(2003): 69-107. ISSN 738-2480
  • Myers, Dowell, Immigrants and Boomers: Forging a New Social Contract for the Future of America. Russell Sage Foundation, 2007. ISBN 978-0871546364
  • Rosello, Mireille. "Representing Illegal Immigrants in France: From Clandestins to L'affaire Des Sans-Papiers De Saint-Bernard" Journal of European Studies 28(1998) ISSN 959525126
  • Tranaes, T. and K.F. Zimmermann, (eds) Migrants, Work, and the Welfare State. Odense: University Press of Southern Denmark, 2004.
  • Venturini, A. Post-War Migration in Southern Europe. An Economic Approach. Cambridge University Press, 2004.
  • Zimmermann, K.F. (ed.). European Migration: What Do We Know? Oxford University Press, 2005.

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