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EspañolILLEGAL EMIGRATION
'Illegal emigration' refers to migration of people across national borders which violates the emigration laws of the country of origin. One may attempt to leave a country oneself, or be smuggled by others. Also one may legally go abroad and refuse to return when demanded by the country of origin. Conversely, illegal immigration is entering a country in a manner which violates the laws of the country being entered.
North Korea is one country that strictly controls emigration.[1] Also, during the Cold War there were escape attempts from East Germany, including those by defecting border guards. (More generally, escape by any citizen was considered defection.) In the same period, the U.S. seized the passports of suspected communists and restricted the movement of citizens with highly prized knowledge. After the end of the Cold War many of these restrictions were removed. Since the end of the Cold War, restrictions are driven primarily by a concern over Brain Drain, this is when the professional classes leave in larger numbers than less skilled workers.
Special cases are when one flees a country as a refugee escaping persecution, or after committing a crime, trying to escape prosecution. However, as an illegal immigrant one may be sent back, and as a criminal, one may face extradition or prosecution in the other country.
Freedom to emigrate is a human right, parts of the right to have freedom of movement. According to the Universal Declaration of Human Rights, "Everyone has the right to leave any country, including his own, and to return to his country"[2].
After Mexico's second president Vicente Guerrero officially abolished slavery in 1829, Mexico became a sanctuary for escaped African slaves from the United States.[3] According to estimates, as many as 4,000 to 5,000 African slaves had escaped across the border into Mexico by 1855. In an attempt to prevent further illegal border crossings by escaped African slaves, approximately one-fifth of the standing U.S. Army was deployed along the border between Texas and Mexico. Mexico continued providing assistance to fugitive slaves, and refused to force their return.[4]
The United States government currently bans travel by U.S. citizens to Cuba, with limited exceptions. In 1994, the Clinton administration barred family visits to Cuba except in dire emergencies.[5]
Freedom of movement has long been considered a protected right in the United States. The United States government had not ''generally'' required that permission be obtained by emigrants and travelers leaving the country. However, in a rule[6] made effective January 23, 2007, U.S. citizens must present a U.S. passport before leaving the United States at air ports-of-entry—with restrictions promised in a separate rulemaking on citizens leaving through land and sea ports-of-entry. In the comments of the rule, the Department of Homeland Security also proposed that airlines and cruise ships be required to obtain permission, from the Department, for each individual passenger to travel from, to, or via the United States.[7] The Identity Project,[8] World Privacy Forum,[9] and John Gilmore have filed comments objecting to this proposal as a violation of international human rights, First Amendment rights, and privacy and government accountability laws.[10]
Emigration and any travel abroad were not allowed without an explicit permission from the government and KGB. People who were not allowed to leave the country are known as "refuseniks".
See escape attempts from the DDR (East Germany).
It is illegal for a Chinese citizen to emigrate without getting permission from the Chinese government[11].
The Cuban government currently forbids its citizens from leaving or returning to Cuba without first obtaining permission from the government. In a translation byHuman Rights Watch, under Cuba’s criminal code, individuals who, “without completing legal formalities, leave or take actions in preparation for leaving the national territory” can face prison sentences of one to three years in prison.[12] From 1985 to 1994 the number of illegal emigrants is estimated to 82,500, with an additional 7,500 up to the mid-2000.[13] Cubans who reach US soil by air, sea or ground are allowed to stay and work; Cuba says this practice encourages dangerous illegal emigration attempts.
Until 1974 individual freedom to emigrate from Portugal was subordinated the aims of the state. The 1933 Constitution says that "The state has the right and the obligation to coordinate and regulate the economic and social life of the Nation with the objective of populating the national territories, protecting emigrants, and disciplining emigration." The state tried to
attain three key goals with this policy: meet labor needs, satisfy interests in Africa, and ensure benefits from emigrant remittances.
At least 36 percent of Portuguese emigrants between 1950 and 1988 left the country illegally.[14]
According to Human Rights Watch, the government of Burma has tightly restricted the number of Muslims allowed to travel to Mecca for the Haj pilgrimage. Muslims claimed they continue to have difficulties getting passports to travel abroad.[15]
In Tunisia per 2001, authorities continued to deny passports to less prominent critics as well as to family members of political prisoners and expatriate activists.[16]
★ Night Crossing - 1981 film about escaping East Germany
★ Sound of Music - 1965 movie fictionalizing the Trapp family fleeing the Nazis and secretly escaping over the Alps to freedom in Switzerland[17]
★ Balseros - Documentary about escaping Cuba on rafts
1. Korea: North, Amnesty
2. Universal Declaration of Human Rights
3. "Learn about the Underground Railroad: Destinations and Settlements" National Park Service
4. "Mexico welcomed fugitive slaves and African-American job-seekers: New perspectives on the immigration debate" Ron Wilkins, San Francisco Bay View
5. Human Rights Watch (1995). United States
6. [1]
7. “Mother, may I?”
8. The Identity Project
9. World Privacy Forum
10. [2]
11. [3]
12. Cuba’s Restrictions on Travel
13. Rolando García Quiñones, Director del Centro de Estudios Demográficos (CEDEM), Cuba: International Migrations in Cuba: persinting trends and changes
14. Maria Ioannis B. Baganha. Portuguese Emigration After World War II.
15. Human Rights Watch (2002). Burma: Crackdown on Muslims
16. Human Rights Watch on Tunisia
17. [4]
★ Freedom of Movement
★ Illegal immigration
★ Refusenik
North Korea is one country that strictly controls emigration.[1] Also, during the Cold War there were escape attempts from East Germany, including those by defecting border guards. (More generally, escape by any citizen was considered defection.) In the same period, the U.S. seized the passports of suspected communists and restricted the movement of citizens with highly prized knowledge. After the end of the Cold War many of these restrictions were removed. Since the end of the Cold War, restrictions are driven primarily by a concern over Brain Drain, this is when the professional classes leave in larger numbers than less skilled workers.
Special cases are when one flees a country as a refugee escaping persecution, or after committing a crime, trying to escape prosecution. However, as an illegal immigrant one may be sent back, and as a criminal, one may face extradition or prosecution in the other country.
Freedom to emigrate is a human right, parts of the right to have freedom of movement. According to the Universal Declaration of Human Rights, "Everyone has the right to leave any country, including his own, and to return to his country"[2].
| Contents |
| United States |
| Soviet Union |
| German Democratic Republic (DDR) |
| China |
| Cuba |
| Portugal |
| Burma |
| Tunisia |
| Fiction |
| References |
| See also |
United States
After Mexico's second president Vicente Guerrero officially abolished slavery in 1829, Mexico became a sanctuary for escaped African slaves from the United States.[3] According to estimates, as many as 4,000 to 5,000 African slaves had escaped across the border into Mexico by 1855. In an attempt to prevent further illegal border crossings by escaped African slaves, approximately one-fifth of the standing U.S. Army was deployed along the border between Texas and Mexico. Mexico continued providing assistance to fugitive slaves, and refused to force their return.[4]
The United States government currently bans travel by U.S. citizens to Cuba, with limited exceptions. In 1994, the Clinton administration barred family visits to Cuba except in dire emergencies.[5]
Freedom of movement has long been considered a protected right in the United States. The United States government had not ''generally'' required that permission be obtained by emigrants and travelers leaving the country. However, in a rule[6] made effective January 23, 2007, U.S. citizens must present a U.S. passport before leaving the United States at air ports-of-entry—with restrictions promised in a separate rulemaking on citizens leaving through land and sea ports-of-entry. In the comments of the rule, the Department of Homeland Security also proposed that airlines and cruise ships be required to obtain permission, from the Department, for each individual passenger to travel from, to, or via the United States.[7] The Identity Project,[8] World Privacy Forum,[9] and John Gilmore have filed comments objecting to this proposal as a violation of international human rights, First Amendment rights, and privacy and government accountability laws.[10]
Soviet Union
Emigration and any travel abroad were not allowed without an explicit permission from the government and KGB. People who were not allowed to leave the country are known as "refuseniks".
German Democratic Republic (DDR)
See escape attempts from the DDR (East Germany).
China
It is illegal for a Chinese citizen to emigrate without getting permission from the Chinese government[11].
Cuba
The Cuban government currently forbids its citizens from leaving or returning to Cuba without first obtaining permission from the government. In a translation byHuman Rights Watch, under Cuba’s criminal code, individuals who, “without completing legal formalities, leave or take actions in preparation for leaving the national territory” can face prison sentences of one to three years in prison.[12] From 1985 to 1994 the number of illegal emigrants is estimated to 82,500, with an additional 7,500 up to the mid-2000.[13] Cubans who reach US soil by air, sea or ground are allowed to stay and work; Cuba says this practice encourages dangerous illegal emigration attempts.
Portugal
Until 1974 individual freedom to emigrate from Portugal was subordinated the aims of the state. The 1933 Constitution says that "The state has the right and the obligation to coordinate and regulate the economic and social life of the Nation with the objective of populating the national territories, protecting emigrants, and disciplining emigration." The state tried to
attain three key goals with this policy: meet labor needs, satisfy interests in Africa, and ensure benefits from emigrant remittances.
At least 36 percent of Portuguese emigrants between 1950 and 1988 left the country illegally.[14]
Burma
According to Human Rights Watch, the government of Burma has tightly restricted the number of Muslims allowed to travel to Mecca for the Haj pilgrimage. Muslims claimed they continue to have difficulties getting passports to travel abroad.[15]
Tunisia
In Tunisia per 2001, authorities continued to deny passports to less prominent critics as well as to family members of political prisoners and expatriate activists.[16]
Fiction
★ Night Crossing - 1981 film about escaping East Germany
★ Sound of Music - 1965 movie fictionalizing the Trapp family fleeing the Nazis and secretly escaping over the Alps to freedom in Switzerland[17]
★ Balseros - Documentary about escaping Cuba on rafts
References
1. Korea: North, Amnesty
2. Universal Declaration of Human Rights
3. "Learn about the Underground Railroad: Destinations and Settlements" National Park Service
4. "Mexico welcomed fugitive slaves and African-American job-seekers: New perspectives on the immigration debate" Ron Wilkins, San Francisco Bay View
5. Human Rights Watch (1995). United States
6. [1]
7. “Mother, may I?”
8. The Identity Project
9. World Privacy Forum
10. [2]
11. [3]
12. Cuba’s Restrictions on Travel
13. Rolando García Quiñones, Director del Centro de Estudios Demográficos (CEDEM), Cuba: International Migrations in Cuba: persinting trends and changes
14. Maria Ioannis B. Baganha. Portuguese Emigration After World War II.
15. Human Rights Watch (2002). Burma: Crackdown on Muslims
16. Human Rights Watch on Tunisia
17. [4]
See also
★ Freedom of Movement
★ Illegal immigration
★ Refusenik
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