Illegal 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. [ [http://migration.ucdavis.edu/mn/more.php?id=2606_0_3_0 Korea: North, Amnesty] ] 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. Likewise, during the industrial revolution the British Empire restricted emigration to its colonies of those who possessed knowledge related to the design and construction of industrial factories and machines.

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". [ [http://www.un.org/Overview/rights.html Universal Declaration of Human Rights] ]

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. [http://209.10.16.21/TEMPLATE/FrontEnd/learn_b7.cfm "Learn about the Underground Railroad: Destinations and Settlements"] National Park Service] 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. [http://www.imdiversity.com/villages/hispanic/history_heritage/pns_mexico_slaves0716.asp "Mexico welcomed fugitive slaves and African-American job-seekers: New perspectives on the immigration debate"] Ron Wilkins, San Francisco Bay View]

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. [Human Rights Watch (1995). [http://www.hrw.org/reports/1995/WR95/HRWGEN.htm United States] ]

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 made effective January 23, 2007, [http://edocket.access.gpo.gov/2006/pdf/06-9402.pdf] 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. [ [http://papersplease.org/wp/2006/10/12/mother-may-i/ “Mother, may I?”] ] The Identity Project, [ [http://papersplease.org The Identity Project] ] World Privacy Forum, [ [http://www.worldprivacyforum.org/ World Privacy Forum] ] 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. [http://hasbrouck.org/IDP/IDP-APIS-comments.pdf]

oviet 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 citizen of China to emigrate without getting permission from the Chinese government. [ [http://caselaw.findlaw.com/data2/circs/7th/031532P.pdf Yi-Tu Lian v. John D. Ashcroft] ]

Cuba

The Cuban government currently forbids its citizens from leaving or returning to Cuba without first obtaining permission from the government. In a translation by Human 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. [ [http://hrw.org/reports/2005/cuba1005/2.htm Cuba’s Restrictions on Travel] ] From 1985 to 1994 the number of illegal emigrants is estimated to 82,500, with an additional 7,500 up to the mid-2000. [Rolando García Quiñones, Director del Centro de Estudios Demográficos (CEDEM), Cuba: [http://www.sela.org/public_html/AA2K2/eng/docs/coop/migra/spsmirdi12-02/spsmirdi12-3.htm International Migrations in Cuba: persinting trends and changes] ] 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. [Maria Ioannis B. Baganha. [http://ies.berkeley.edu/research/files/CP02/CP02-Port_Emigration.pdf Portuguese Emigration After World War II] .]

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. [Human Rights Watch (2002). [http://hrw.org/english/docs/2002/07/18/burma4127.htm Burma: Crackdown on Muslims] ]

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. [Human Rights Watch on [http://www.hrw.org/wr2k1/mideast/tunisia.html Tunisia] ]

Fiction

*"The Sound of Music" — 1965 movie fictionalizing the von-Trapp family fleeing the Nazis in Austria of 1938 and secretly escaping over the Alps to freedom in Switzerland [ [http://www.archives.gov/publications/prologue/2005/winter/von-trapps.html The Real Story of the Von Trapp Family] ]
*"Balseros" — Documentary about escaping Cuba on rafts

References

ee also

*Freedom of Movement
*Illegal immigration
*Refusenik