Illegal Migration Research Articles

Uluslararası Göçlerin Hukuki ve Ekonomik Sonuçları

Migration is the movement of people from one place to another. This phenomenon occurs for various reasons, including war, climate change, drought, and economic and political factors. It encompasses more than just the movement of people; it also includes the seasonal movement of birds, fish, and other animals. This phenomenon has persisted throughout history, including the migration of tribes in the fourth century due to drought and climate change. The economic and social dimensions of international migration have come under scrutiny. The rise of globalization has contributed to an increase in international migration, with certain countries, such as the USA, Canada, and Australia, implementing legal immigration policies motivated by economic considerations. Illegal migration from underdeveloped countries has reached substantial levels due to factors such as wars, food shortages, and climate change. This study aims to examine the causes of international human migration, the various types of migration, and the migration systems. The discussion will cover migration processes, agreements between receiving and sending countries, and the legal and economic consequences of migration. It will also address the challenges experienced by our nation as a source and destination for immigration. Migration entails challenges, but it also generates benefits in nations with the right legal frameworks and social measures. This study will cover both sociological and liberal perspectives.

Managing Legal Migration in the EU: Shortcomings and Challenges

My paper provides a review of the various EU legal schemes and initiatives that facilitate legal migration in the EU, their achievements, and shortcomings in their implementation, while investigating concerns, issues, and policies related to the rights and protection of migrants. The European Union’s migration policy is complex and encompasses multiple aspects, aiming to manage legal migration, combat illegal migration, ensure and create functional mechanisms to guarantee and protect asylum seekers, and promote the integration of migrants into host countries. These UE schemes have revealed shortcomings caused by complicated bureaucratic procedures, limited mobility between states, abuses and exploitation.

Human Security and Governance: Indonesian Illegal Migrant Workers in Malaysia

This study investigates the migration of Indonesian workers to Malaysia, with a specific focus on irregular migrants. Despite Indonesia’s economic growth, factors such as unemployment, low wages, and limited opportunities in rural areas continue to drive migration. Utilising an integrated framework that combines economic incentives and human security dimensions, this research analyses seven components of human security: economic, food, health, social, personal, community, and political security. Primary data, including face-to-face interviews with key stakeholders, underscores this phenomenon's personal and systemic dimensions. Findings reveal that socio-economic challenges in Indonesia act as push factors, while wage disparities and economic prospects in Malaysia serve as pull factors. However, these benefits come with challenges, such as xenophobia, integration difficulties, and societal instability in the host country. This study highlights the limited efficacy of enforcement measures like deportations and suggests policy reforms addressing root causes. This research contributes to understanding irregular migration governance within a human security framework, offering insights into Malaysia’s policy responses.

Migration Processes in Germany: Features and Trends

The article deals with the current migration processes in Germany. The country continues to act as a point of attraction for both foreign labor resources and potential refugees from crisis regions. The increase in the scale of irregular migration faced by Germany stimulates the emergence of new security risks for the state and citizens. The current situation requires the ruling elites to promptly adapt the management mechanisms to changing realities. In addition to solutions related to improving national approaches to the migration track, Berlin's international and interregional cooperation with EU member states through law enforcement agencies and border services, which is aimed at curbing cross-border crime and related illegal migration, is in demand. The German experience in this area can be studied by similar structures of other states. Special attention is paid to the study of transformations of the political landscape under the influence of a complex of internal and external socio-economic factors, including migration processes. The results of the regional election campaigns in 2023 and especially in the autumn of 2024 indicate an expansion of electoral support for non-systemic political forces against the background of a continuing decline in the level of public confidence in the current leadership of the state and a deepening crisis of so called “traditional parties”. The main beneficiary is the “Alternative for Germany” party, whose successes are not local and random but indicate the demand for its program installations among the electorate. The author attempts to identify possible options for the development of the internal political situation in the state, considering the migration factor, including in the context of parliamentary elections in 2025.

Формирование практики судебных органов Европейского Союза в отношении миграции, возникшей вследствие вооруженных конфликтов (историко-правовой анализ)

The article examines the processes of formation of the established practice and legal positions of the Court of Justice of the European Union on migration issues as a result of the migration crisis in Europe in 2015-2016. Attention is focused on the contradictions of the arguments of the European Commission and individual EU member states on the issue of accepting illegal migrants and allowing them to enter the territory of the member states. The complexity and inconsistency of the positions of the EU Court on the settlement of these disputes is noted.

Legal regulation of migration control in the European Union: evolution and current challenges

It is indicated that the migration policy of the European Union has come a long way of evolution from individual national approaches to the formation of a single comprehensive system for managing migration flows. The creation of the Schengen area and the introduction of common border control standards laid the foundation for the further development of EU migration legislation, which today covers a wide range of issues - from granting asylum to combating illegal migration. The article examines the evolution of legal regulation of migration control in the European Union from its foundation to the present day, with a special emphasis on the changes caused by the Russian invasion of Ukraine. Five main stages of the development of EU migration legislation and their characteristic features are analyzed. The first stage, which was characterized by the lack of a systematic approach to migration regulation, and the second stage, the key event of which was the adoption of Regulation 1612/68, are considered in detail. The significance of this document for establishing the principle of non­discrimination of workers and the right to family reunification is examined. Important court decisions that shaped the practice of applying the Regulation and influenced the further development of migration legislation are analyzed. Particular attention is paid to the third stage, when migration issues were transformed from the economic sphere into the political sphere. The role of the Special Group on Immigration (TREVI) and the importance of the Schengen Agreement in the formation of a common EU migration policy are highlighted. The fourth stage, which began in the 2010s and was characterized by the emergence of new challenges for the EU migration policy, in particular the crisis of 2014-2015, is analyzed. The modern stage of legal regulation of migration control, which began after the Russian invasion of Ukraine, is examined in detail. The unprecedented application of the Directive on Temporary Protection and the implementation of a set of measures to support Ukrainian refugees are analyzed. Key changes in legal regulation are identified, including operational measures at the borders, financial support, coordination between Member States and integration measures. Based on the research conducted, a conclusion was drawn about the EU’s ability to adapt its legal mechanisms to new challenges and about the possibility of using the experience of responding to the Ukrainian crisis as a model for the further development of the EU’s migration policy.

Externalisation of Asylum Policy in the UK after Brexit

The article explores the approaches and tools the UK disposes of to address an increasing number of asylum seekers and illegal migrants in a post-Brexit environment. The study is based on legislative and regulatory acts regulating the UK’s asylum policy, as well as international agreements and action plans that enable the externalization of the asylum policy. It is shown that it took the UK a rather short time to put in place a reformed legal framework to incorporate the most restrictive migration-related terms in Europe. The development of the concept of a “Third Safe Country” passing through which automatically places an asylum seeker onto the Unacceptable category provoked their criminalization and led to a nontransparent asylum system with virtually insurmountable barriers to entry. The externalization of the UK asylum policy was implemented through traditional readmission agreements, the number of which grew rapidly during the period under review, and through new tools, for example, the Rwandan Plan which allowed the UK to redirect refugees to Rwanda. It is concluded that despite the ambiguity of the plan it creates a legal precedent, which threatens developing countries of increased migration burden against the background of little resources to overcome migration crises.

Adjudicated citizenship in Assam, India: layers of contestation

ABSTRACT Since colonial times, migration has remained one of the most contentious issues in Assam, a frontier state (province) in northeast India. Illegal migration in the post-colonial period continues to have an enormous bearing on the issue of citizenship in the state. As political negotiations falter in reaching an amicable resolution, the ongoing debate surrounding migration and citizenship has compelled the judiciary to take a decisive role in determining who qualifies as a citizen versus who may be considered a foreigner. We refer to this process as “adjudicated citizenship”. This article deals with the process of adjudication over citizenship by investigating and analysing select judgements of the judiciary at different levels. The article argues that these judgements have brought fresh debates, insights, and contestations over the idea of citizenship and the institutional mechanisms in determining citizenship.

DISTRIBUTION NETWORK CABLE DETECTION BASED ON TERAHERTZ PULSE AND IMAGING

The article is dedicated to one of the key problems of our time - migration processes in Europe and their consequences on the example of the Benelux countries. The purpose of the study is to identify the features of the migration policy of the Benelux countries in recent years, the mechanisms of their regulatory and legal system, capable or unable to regulate migration processes. Using the comparative-institutional method, as well as event analysis, the trends of migration in this region as a recipient of a significant influx of emigrants and refugees, are shown. Attention is focused on the common and distinctive features of the migration policy of Belgium, the Netherlands and Luxembourg. The author notes the generally liberal approach of the Benelux countries to solving the problem, which to a certain extent damages their national interests, creates social and humanitarian problems. The authorities of these countries are faced with an increase in migration from Muslim countries and their religious attitudes, the refugee crisis, and issues of social adaptation and integration of migrants. Immigration processes are accompanied by an increase in crime, destabilization of the internal situation, and discontent of the local population. The authorities are forced to periodically review their political and diplomatic tools, adapt and modify them in order to reduce the number of illegal migrants and the risks of renewed conflicts on ethnic and religious grounds. The author relied on the works of domestic and foreign authors, statistical information of European migration services, as well as information from international experts in this field. As a result, the characteristics of the migration policy of the countries under study are given, the consequences of mass migrations are determined. The author substantiates the conclusion that the solution to the migration issue in the Benelux countries is not visible in the near future, despite the coordinated efforts of their security structures. Effective management of migration and mitigation of negative consequences have yet to be developed and put into practice.

Migration Challenges of the 21st Century: Origins, Dynamics, and Impact on Sending and Receiving Nations

In today of technological development and globalisation, the issue of migration is relevant and timely, as opportunities to change the country of residence and work have increased. As a result, migration has increased in recent years, which has sometimes led to a crisis. The study aimed to identify the causes and consequences of international migration for the recipient state, donor, and migrant, as well as to develop recommendations for shifting the balance towards the benefits of international migration and offsetting the negative consequences. To achieve the goal, we used information from open sources United Nations 2019 and World Migration Report 2024, which was processed using Excel, using the methods of quantitative trend and graphical analysis, synthesis, forecasting, grouping, scientific deduction and generalisation. We identified an upward trend in migration with a probability of further growth to 350 million people. We assessed the advantages and disadvantages of international migration in terms of countries of origin and destination and the protection of migrants' rights. We created a list of recommendations based on maintaining a balance in favour of benefits and offsetting negative consequences, including combating illegal migration, stimulating temporary labour migration and controlling the number of migrants. We identified the growth trend in the number of refugees and provided recommendations for their involvement in the recipient country's economy. We studied the structure of the leaders of donor and recipient countries as of 2019 based on United Nations statistics 2019. We assessed the country's decisive features for this level and the migration mechanism.

TRANSNATIONAL THREATS AND THE NATION-STATE: A LITERATURE REVIEW

This article reviews the research on transnational risks, including their characteristics, classification, and the nation-state's role in mitigating them. Global in scope, transnational problems including terrorism, cybercrime, drug trafficking, illegal migration, and environmental crimes necessitate coordinated international action. By separating threats into factual categories (such as natural catastrophes and climate change) and subjective categories (such as terrorism, corruption, and illegal migration), the literature has made it possible to formulate more accurate strategies for resolving these issues.The part nation-states play in thwarting transnational threats is given particular consideration. States continue to be the primary actors guaranteeingsovereignty, internal stability, and security in spite of globalization. The study highlights the significance of national initiatives, like strengthening laws and establishing institutions, as well as the necessity of international collaboration to successfully address global issues.Additionally, the article concentrates on particular facets of transnational threats. One of the biggest problems is terrorism, which calls for strategies to be adjusted in order to counter the rise of new types, such as cyberterrorism. The effects of illegal migration, drug trafficking, and human trafficking on social stability and security are examined, particularly in transit areas like Central Asia. Collective response mechanisms grounded in sustainable development principles are necessary to address environmental issues, including international environmental crimes.As a result, the article highlights the necessity of integratingnational efforts into the international framework and the significance of the nation-state in the global security system. The review offers a helpful foundation for future investigations into transnational threats and the creation of countermeasures.

Asymmetric Security Threats: A Study of the Impact of Illegal Migration on Regional Security in the Mediterranean Region

برزت الهجرة غير الشرعية في منطقة البحر الأبيض المتوسط بوصفها تحديا أمنيا معقدا ومتعدد الأوجه له آثار كبيرة على الاستقرار الإقليمي، تهدف هذه الدراسة البحثية إلى استكشاف تأثير الهجرة غير الشرعية على الأمن الإقليمي في سياق المتوسط، مع التركيز على التهديدات الأمنية اللاتماثلية. ومن خلال تحليل مختلف النتائج المباشرة وغير المباشرة للهجرة غير الشرعية. تتناول هذه الدراسة الإشكالية الرئيسية المتعلقة بتأثير الهجرة غير الشرعية على الأمن الإقليمي. يتمثل التحدي الرئيسي في كيفية تأثير تدفقات المهاجرين غير الشرعيين على الاستقرار السياسي والاقتصادي والاجتماعي للدول المطلة على البحر الأبيض المتوسط. استخدم الباحث منهجًا نوعياً، مع التركيز على التحليل المتعمق بدلاً من التقييم الإحصائي، لفهم تأثير الهجرة غير الشرعية على الأمن الإقليمي في منطقة البحر الأبيض المتوسط، مع الأخذ في الاعتبار الأبعاد السياسية والاجتماعية والاقتصادية. تشير النتائج إلى أن الهجرة غير الشرعية تؤدي إلى زيادة التوترات الاجتماعية والسياسية، مما يساهم في تفشي الجريمة المنظمة والإرهاب. كما أظهرت الدراسة أن التعاون بين الدول الأوروبية والدول المجاورة يمكن أن يكون له تأثير إيجابي في تقليل المخاطر الأمنية المرتبطة بالهجرة

IMPROVING THE EFFECTIVENESS OF MEASURES TO COUNTER THE NEGATIVE IMPACT OF MIGRATION ON STATE SECURITY

This article examines certain problematic issues of ensuring national security through the prism of improving migration policy, certain issues of establishing the nature and degree of negative impact of migration crime on national security, some aspects of criminal legislation providing for liability for crimes related to illegal migration . The author analyzes the provisions of international and criminal law, as well as the related migration legislation of the Russian Federation, data from international, judicial and other official statistics . The research methodology includes a universal dialectical method, general scientific and private scientific methods, including formal legal, the application of a systematic approach to the analysis of migration crime, the use of tools of theoretical generalization and statistical analysis, as well as the method of legal modeling and forecasting . Based on a comprehensive analysis, the author formulated and made reasonable concrete proposals to improve measures to counter the negative impact of migration on state security, including organizational and legislative measures .

ILLEGAL IMMIGRATION ACROSS LIBYA TO EUROPE: PATTERNS, CHALLENGES AND HUMAN RIGHTS IMPLICATIONS

Illegal migration to Europe often takes place across the Mediterranean Sea or, in some cases, overland in the Italian boundaries and this has been the subject of international news. Many migrants are at risk of serious injury or death while travelling to Europe, and many who have not been granted asylum have also been forced to return to Africa. Libya is the biggest destination for illegal immigrants in Europe. As a result, many migrants have been arrested in Libya, and forced to remain in Libya while the conditions of detention centres remain substandard level. The poor migration-related conditions in detention centres and refugee camps have sparked international outrage. This study analyses the current situation of illegal migration of people from Libya to Europe and examines the migration of migrants who come to Libya to live in or move to Europe through Libya. This study provides compelling reasons why Libya has become a transit and refugee area and what regulations are in place to curb these conditions. The research employed both qualitative and quantitative methods, including interviews with migrants and statistical analysis of survey data. The results revealed significant challenges faced by migrants in detention centres, the impact of political instability on migration patterns, and the humanitarian implications of current policies. For best results, two methods were used to analyse these conditions: qualitative and quantitative analysis. The results and key findings were aggregated from interviews based on survey questions, and SPSS software was used for quantitative analysis, with the results described in percentages and frequency.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0494/a.php" alt="Hit counter" /></p>

Directions for improving the migration policy of the European Union in matters of migrant integration

The article is devoted to the analysis of current directions of improvement of the European Union’s migration policy in the context of immigrant integration, in particular, in the context of growing migration flows to Europe. Authors note that there are problems in building migration policy due to the fragmentation of its regulatory mechanisms. The emphasis is placed on the need for a systematic approach to solving problems related to the integration of immigrants that affect the social stability and economic balance of the EU Member States. The main challenges faced by both immigrants and host countries are considered: cultural isolation, formation of parallel communities, economic vulnerability of migrants, discrimination, illegal migration and social conflicts. The provisions of the Pact on Migration and Asylum, as well as the Action Plan on Integration and Inclusion for 2021–2027, which develops the provisions of the Pact, are analyzed. Special attention is paid to measures and recommendations aimed at promoting the integration of migrants and strengthening social cohesion in the EU countries. Authors examine the provisions of the Pact that provide for “solidarity cooperation” between Member States, including mechanisms for the redistribution of migrants, financial compensation and technical assistance for first-receiving states, in particular through the standardization of admission conditions. Further areas for improving integration policy are suggested, such as improving mechanisms for recognizing professional qualifications, increasing access to educational and language programs, combating discrimination, and strengthening the decentralization of integration measures. According to the authors, despite the fact that the EU does not have the competence to legislate in this area, the Action Plan can be a decisive push on the way to the effective integration of immigrants, where social cohesion, economic stability and security in the EU will be key elements, and further reforms in this area will help overcome the current challenges of the migration crisis.

Hybrid security in Nigeria–Benin borderlands: Formal and informal security actors’ collaboration and implication for cross-border security (2010–2023)

ABSTRACT In the borderland of Nigeria and the Republic of Benin there are both formal and informal security actors operating to curb trans-border crimes that extant literature is yet to adequately consider. Most empirical studies on the relations between security actors have largely focused on the nature of relations between formal security agencies and the implications of their relations for border security governance. This study fills the gap in the knowledge by investigating the nature of relations between formal and informal security actors. Utilising mixed-method research design and drawing on primary and secondary sources of data, the study contends that non-states security actors of different nomenclature such as Kelebe, Smugglers Association, Night Guards and Aja Custom, Social Safety Orientation Corps (So Safe Corps) exist in the borderland areas of Seme and Idi Iroko between Nigeria and the Republic of Benin. It is also argued that functional, dynamic and interest-based cordial relations between state and non-state security actors significantly contribute to curbing smuggling, drug trafficking, illegal migration with the exception of human trafficking. Thus, the study recommends that the Nigerian government should re-organise the border security order to include non-state security actors in the governance of borders between Nigeria and the Republic of Benin.

Relevant Issues of the Criminal Law Policy in the Illegal Migration Combating Sphere

Relevant Issues of the Criminal Law Policy in the Illegal Migration Combating Sphere

European Union/Africa synergy: a panacea to ending irregular/illegal migration from Africa?

ABSTRACT The phenomenon of illegal/irregular migration from Africa to Europe appears to be continuous as Africans still embark on the mission. At the peak of the refugee crisis in Europe in 2015, migrants from Africa were welcomed as asylum seekers and refugees. Soon after, the tide turned and they were no longer welcome. In fact, the rescue activities on the sea by various humanitarian organisations became criminalised shortly before COVID-19 pandemic erupted in late 2019. Efforts like the externalisation of European borders and the establishment of the EUTF for Africa have largely focused on containment strategies, with limited success in addressing the structural factors driving migration from Africa. While the Emergency Trust Fund for Africa (EUTF) was initially aimed at addressing the drivers of illegal migration, its implementation has been critiqued for disproportionately focusing on border control rather than sustainable development initiatives in Africa. This emphasis on security over socio-economic growth undermines efforts to create viable alternatives for potential migrants in their home countries. This article argues that tackling this phenomenon requires a more humanistic approach.

National Borders among Families: Removal and ‘Bare Life’ in India

This paper is about the state-driven process of ‘migrant ‘illegality’ (Genova 2002) and its impact on the life of Bengali speaking residents in the Assam state of India. While the movement of people across borders between India and present-day Bangladesh has been historical and complex, this ethnographic work explores how the state-driven process of migrant illegality and the production of ‘bare life’ have disrupted intimate relations and family life among the migrant population in Assam. While the recent NRC (National Register of Citizens) update in Assam identified 1.9 million people as illegal migrants, there has been bureaucratic enactment of ‘migrant illegality’ by Assam Border Police for the last several years. The institutional procedures, court documents and narratives of the select cases of ‘detected’ as well as ‘detained’ residents from ethnographic fieldwork reveal how the absence of formal papers and errors in the family records, kinship relations and property inheritance among the poor migrant families transforms actual citizens to ‘illegal migrants’ in the bureaucratic manoeuvring and reduces them to their ‘bare life’. The paper also shows how prejudice, arbitrariness, and contradictions feed into the bureaucratic process and lead to intense crises among family units, as several migrant families have both Indians and alleged ‘Bangladeshis’ in their homes today. The paper argues that the major consequence of this state-driven ‘migrant illegality’ in the last two decades has been the creation of national borders among families, unsettling intimate relations and shared spaces.

Crisis as war: undocumented migration and the Greek nation under threat

ABSTRACT The paper examines the interconnections between crisis, war and undocumented migration focusing on the crisis at Evros borderzone, Northeastern Greece, in February/March 2020. It puts forward an analysis of public discourse that posits Greece as “a nation under threat” and reflects on the notion of crisis both as a dimension of the present historical moment and a governmental device for strengthening state power. The paper suggests that crisis and war be understood as parts of a security continuum and that the Evros crisis of 2020 rendered visible the mutual constitution of the processes of illegalization and securitization of migration. Formulated as an open threat for Greece and Europe, undocumented mobility feeds into the (in)security spiral promoting more surveillance, tighter border control and deepening the social hierarchy that positions illegal(ized) migrants at the lowest social strata.