Illegal emigration
Encyclopedia
Illegal emigration refers to a person moving across national borders in a way that violates emigration
laws. Such a person may legally go abroad and refuse to return when demanded by the country of origin.
Russia
implemented emigration restrictions two months after the Russian Revolution of 1917
, with the various Soviet Socialist Republics of the Soviet Union
thereafter banning emigration. After the creation of the Eastern Bloc
from countries occupied by the Soviet Union during World War II
, Eastern Bloc countries instituted emigration bans similar to those in the Soviet Union. After the erection of the Berlin Wall
in 1961, emigration except for ethnic migration reasons mostly halted from east-to-west, though a few thousand escape attempts from East Germany occurred, including those by defecting border guards. (More generally, escape by any citizen was considered defection.) North Korea
also strictly controls emigration.
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.
The stance of the United Nations
is that freedom to emigrate is a human right, part of the right to 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".
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"
. During the final stages of World War II
, the Soviet Union
began the creation of the Eastern Bloc
by directly annexing several countries as Soviet Socialist Republics that were originally effectively ceded to it by Nazi Germany in the Molotov-Ribbentrop Pact
. These included Eastern Poland
(incorporated into two different SSRs), Latvia
(became Latvia SSR), Estonia
(became Estonian SSR), Lithuania
(became Lithuania SSR), part of eastern Finland
(became Karelo-Finnish SSR
) and northern Romania
(became the Moldavian SSR
). Other states were converted into Soviet Satellite
states, such as the People's Republic of Poland
, the People's Republic of Hungary
, the Czechoslovak Socialist Republic
, the People's Republic of Romania, the People's Republic of Albania, and later East Germany from the Soviet zone of German occupation.
By the early 1950s, the Soviet approach to controlling national movement was emulated by most of the rest of the Eastern Bloc (along with China, Mongolia and North Korea). Up until 1952, the lines between East Germany and the western occupied zones could be easily crossed in most places. Accordingly, before 1961, most of that east-west flow took place between East and West Germany, with over 3.5 million East Germans emigrating to West Germany before the 1961, On August 13, 1961, barbed-wire barrier that would become the Berlin Wall
separating East and West Berlin was erected by East Germany. Two days later, police and army engineers began to construct a more permanent concrete wall.
In East Germany, the term Republikflucht
(fugitives from the Republic) was used for anyone wishing to leave to non-socialist countries. A propaganda booklet published by the Socialist Unity Party of Germany
(SED) in 1955 for the use of party agitators outlined the seriousness of 'flight from the republic'
, stating "leaving the GDR is an act of political and moral backwardness and depravity", and "workers throughout Germany will demand punishment for those who today leave the German Democratic Republic, the strong bastion of the fight for peace, to serve the deadly enemy of the German people, the imperialists and militarists".
Famous defectors include Joseph Stalin's daughter Svetlana Alliluyeva
, Mig-25 pilot Viktor Belenko
, U.N. Undersecretary General Arkady Shevchenko
, chess grand master Viktor Korchnoi
, ballet stars Mikhail Baryshnikov
, Natalia Makarova
and Alexander Godunov
. Famous East German defectors include author Wolfgang Leonhard
, East German soldier Conrad Schumann
who was photographed jumping the Berlin wall while under construction and a number of European football players, including Jörg Berger
. While media sources often reported high level defections, non-prominent defections usually went unreported.
to emigrate without getting permission from the Chinese government.
, 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. From 1985 to 1994 the number of illegal emigrants is estimated to 82,500, with an additional 7,500 up to the mid-2000.
Even discussing illegal emigration carries a six-month prison sentence.
.
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.
, 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.
per 2001, authorities continued to deny passports to less prominent critics as well as to family members of political prisoners and expatriate activists.
Emigration
Emigration is the act of leaving one's country or region to settle in another. It is the same as immigration but from the perspective of the country of origin. Human movement before the establishment of political boundaries or within one state is termed migration. There are many reasons why people...
laws. Such a person may legally go abroad and refuse to return when demanded by the country of origin.
Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
implemented emigration restrictions two months after the Russian Revolution of 1917
Russian Revolution of 1917
The Russian Revolution is the collective term for a series of revolutions in Russia in 1917, which destroyed the Tsarist autocracy and led to the creation of the Soviet Union. The Tsar was deposed and replaced by a provisional government in the first revolution of February 1917...
, with the various Soviet Socialist Republics of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
thereafter banning emigration. After the creation of the Eastern Bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
from countries occupied by the Soviet Union during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Eastern Bloc countries instituted emigration bans similar to those in the Soviet Union. After the erection of the Berlin Wall
Berlin Wall
The Berlin Wall was a barrier constructed by the German Democratic Republic starting on 13 August 1961, that completely cut off West Berlin from surrounding East Germany and from East Berlin...
in 1961, emigration except for ethnic migration reasons mostly halted from east-to-west, though a few thousand escape attempts from East Germany occurred, including those by defecting border guards. (More generally, escape by any citizen was considered defection.) North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
also strictly controls emigration.
Special cases are when one flees a country as a refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
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
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
or prosecution in the other country.
The stance of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
is that freedom to emigrate is a human right, part of the right to freedom of movement
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
. According to the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, "Everyone has the right to leave any country, including his own, and to return to his country".
Eastern Bloc
Emigration and any travel abroad were not allowed without an explicit permission from the government
Passport system in the Soviet Union
The Soviet passport is an identity document issued upon the laws of the Union of Soviet Socialist Republics for the citizen of the USSR. For the general purposes of identity certification Soviet passports contained such data as name, date of birth, sex, place of birth, nationality and citizenship...
and KGB
KGB
The KGB was the commonly used acronym for the . It was the national security agency of the Soviet Union from 1954 until 1991, and was the premier internal security, intelligence, and secret police organization during that time.The State Security Agency of the Republic of Belarus currently uses the...
. People who were not allowed to leave the country are known as "refuseniks"
Refusenik (Soviet Union)
Refusenik was an unofficial term for individuals, typically but not exclusively, Soviet Jews, who were denied permission to emigrate abroad by the authorities of the former Soviet Union and other countries of the Eastern bloc...
. During the final stages of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
began the creation of the Eastern Bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
by directly annexing several countries as Soviet Socialist Republics that were originally effectively ceded to it by Nazi Germany in the Molotov-Ribbentrop Pact
Molotov-Ribbentrop Pact
The Molotov–Ribbentrop Pact, named after the Soviet foreign minister Vyacheslav Molotov and the German foreign minister Joachim von Ribbentrop, was an agreement officially titled the Treaty of Non-Aggression between Germany and the Soviet Union and signed in Moscow in the late hours of 23 August 1939...
. These included Eastern Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
(incorporated into two different SSRs), Latvia
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
(became Latvia SSR), Estonia
Estonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
(became Estonian SSR), Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
(became Lithuania SSR), part of eastern Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
(became Karelo-Finnish SSR
Karelo-Finnish SSR
The Karelo-Finnish Soviet Socialist Republic was a short-lived republic that was a part of the former Soviet Union. The republic existed from 1940 until it was merged back into the Russian SFSR in 1956 ....
) and northern Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
(became the Moldavian SSR
Moldavian SSR
The Moldavian Soviet Socialist Republic , commonly abbreviated to Moldavian SSR or MSSR, was one of the 15 republics of the Soviet Union...
). Other states were converted into Soviet Satellite
Satellite state
A satellite state is a political term that refers to a country that is formally independent, but under heavy political and economic influence or control by another country...
states, such as the People's Republic of Poland
People's Republic of Poland
The People's Republic of Poland was the official name of Poland from 1952 to 1990. Although the Soviet Union took control of the country immediately after the liberation from Nazi Germany in 1944, the name of the state was not changed until eight years later...
, the People's Republic of Hungary
People's Republic of Hungary
The People's Republic of Hungary or Hungarian People's Republic was the official state name of Hungary from 1949 to 1989 during its Communist period under the guidance of the Soviet Union. The state remained in existence until 1989 when opposition forces consolidated in forcing the regime to...
, the Czechoslovak Socialist Republic
Czechoslovak Socialist Republic
The Czechoslovak Socialist Republic was the official name of Czechoslovakia from 1960 until end of 1989 , a Soviet satellite state of the Eastern Bloc....
, the People's Republic of Romania, the People's Republic of Albania, and later East Germany from the Soviet zone of German occupation.
By the early 1950s, the Soviet approach to controlling national movement was emulated by most of the rest of the Eastern Bloc (along with China, Mongolia and North Korea). Up until 1952, the lines between East Germany and the western occupied zones could be easily crossed in most places. Accordingly, before 1961, most of that east-west flow took place between East and West Germany, with over 3.5 million East Germans emigrating to West Germany before the 1961, On August 13, 1961, barbed-wire barrier that would become the Berlin Wall
Berlin Wall
The Berlin Wall was a barrier constructed by the German Democratic Republic starting on 13 August 1961, that completely cut off West Berlin from surrounding East Germany and from East Berlin...
separating East and West Berlin was erected by East Germany. Two days later, police and army engineers began to construct a more permanent concrete wall.
In East Germany, the term Republikflucht
Republikflucht
"Republikflucht" and "Republikflüchtling" were the terms used by authorities in the German Democratic Republic to describe the process of and the person leaving the GDR for a life in West Germany or any other Western country .The term...
(fugitives from the Republic) was used for anyone wishing to leave to non-socialist countries. A propaganda booklet published by the Socialist Unity Party of Germany
Socialist Unity Party of Germany
The Socialist Unity Party of Germany was the governing party of the German Democratic Republic from its formation on 7 October 1949 until the elections of March 1990. The SED was a communist political party with a Marxist-Leninist ideology...
(SED) in 1955 for the use of party agitators outlined the seriousness of 'flight from the republic'
Republikflucht
"Republikflucht" and "Republikflüchtling" were the terms used by authorities in the German Democratic Republic to describe the process of and the person leaving the GDR for a life in West Germany or any other Western country .The term...
, stating "leaving the GDR is an act of political and moral backwardness and depravity", and "workers throughout Germany will demand punishment for those who today leave the German Democratic Republic, the strong bastion of the fight for peace, to serve the deadly enemy of the German people, the imperialists and militarists".
Famous defectors include Joseph Stalin's daughter Svetlana Alliluyeva
Svetlana Alliluyeva
Svetlana Iosifovna Alliluyeva , later known as Lana Peters, was the youngest child and only daughter of Soviet Premier Joseph Stalin and Nadezhda Alliluyeva, Stalin's second wife...
, Mig-25 pilot Viktor Belenko
Viktor Belenko
Viktor Ivanovich Belenko is Soviet defector and aerospace engineer and lecturer. Belenko was sentenced to death in the Soviet Union for state treason. He was born in Nalchik, Russian SFSR in a Ukrainian family...
, U.N. Undersecretary General Arkady Shevchenko
Arkady Shevchenko
Arkady Nikolayevich Shevchenko , a Soviet diplomat, was the highest-ranking Soviet official to defect to the West.Shevchenko joined the diplomatic service of the Soviet Union as a young man and rose through the ranks of the Soviet Foreign Ministry, becoming advisor to Andrei Gromyko, Minister for...
, chess grand master Viktor Korchnoi
Viktor Korchnoi
Viktor Lvovich Korchnoi ; pronounced in the original Russian as "karch NOY"; Ви́ктор Льво́вич Корчно́й, born March 23, 1931 is a professional chess player, author and currently the oldest active grandmaster on the tournament circuit...
, ballet stars Mikhail Baryshnikov
Mikhail Baryshnikov
Mikhail Nikolaevich Baryshnikov is a Soviet and American dancer, choreographer, and actor, often cited alongside Vaslav Nijinsky and Rudolf Nureyev as one of the greatest ballet dancers of the 20th century. After a promising start in the Kirov Ballet in Leningrad, he defected to Canada in 1974...
, Natalia Makarova
Natalia Makarova
Nataliya Romanovna Makarova is the legendary Soviet-Russian-born prima ballerina. The History of Dance, published in 1981, notes that “Her performances set standards of artistry and aristocracy of dance which mark her as the finest ballerina of her generation.” She has also won awards as an...
and Alexander Godunov
Alexander Godunov
Alexander Borisovich Godunov was a Russian-American ballet danseur and film actor, whose defection caused a diplomatic incident between the USA and the USSR.-Biography:...
. Famous East German defectors include author Wolfgang Leonhard
Wolfgang Leonhard
Wolfgang Leonhard is a German political author, historian, and expert on Communism. He is the only living member of the Ulbricht Group.-Early years:...
, East German soldier Conrad Schumann
Conrad Schumann
Hans Conrad Schumann was an East German soldier who famously defected to West Germany during the construction of the Berlin Wall in 1961.-Early life:...
who was photographed jumping the Berlin wall while under construction and a number of European football players, including Jörg Berger
Jörg Berger
Jörg Berger was a German football manager and player, who last managed Arminia Bielefeld.- Coaching career :...
. While media sources often reported high level defections, non-prominent defections usually went unreported.
China
It is illegal for a citizen of ChinaChina
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
to emigrate without getting permission from the Chinese government.
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 WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, 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. From 1985 to 1994 the number of illegal emigrants is estimated to 82,500, with an additional 7,500 up to the mid-2000.
Even discussing illegal emigration carries a six-month prison sentence.
Iran
It is illegal for an Iranian woman to leave Iran alone without written permission from her husband or male relative if she is not married. Any woman of any nationality married to an Iranian man automatically becomes an Iranian citizen and is subject to these regulations. Betty Mahmoody, married to Iranian Sayyed Bozorg Mahmoody, was trapped in Iran after her husband had decided that they would stay there during a two-week vacation. She had to escape to Turkey aided by smugglers because she would not have legally been allowed to leave Iran without first obtaining a divorce from her husband, who would have gained full custody of their daughter, Mahtob. Betty tells her story in her Pultizer-nominated book Not Without My DaughterNot Without My Daughter
Not Without My Daughter is a film released in 1991 depicting the escape of American citizen Betty Mahmoody and her daughter from her husband in Iran. The film was shot in the United States and Israel, and the main characters are played by Sally Field and Alfred Molina...
.
Portugal
Until 1974 individual freedom to emigrate from PortugalPortugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
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.
Burma
According to Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, the government of Burma has tightly restricted the number of Muslims allowed to travel to Mecca
Mecca
Mecca is a city in the Hijaz and the capital of Makkah province in Saudi Arabia. The city is located inland from Jeddah in a narrow valley at a height of above sea level...
for the Haj
Háj
Háj may refer to:* Háj in Turčianske Teplice District, Slovakia* Háj in Košice-okolie District, Slovakia...
pilgrimage. Muslims claimed they continue to have difficulties getting passports to travel abroad.
Tunisia
In TunisiaTunisia
Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
per 2001, authorities continued to deny passports to less prominent critics as well as to family members of political prisoners and expatriate activists.
Child support: Australia, New Zealand, United States
If a person owes more than $2,500 in child support, he can not get his US Passport renewed and there for will not be able to leave the United States and could be deported back to the United States for not having a valid US passport. Australia and New Zealand have a travel ban for people who owe child support.Fiction
- The Sound of MusicThe Sound of MusicThe Sound of Music is a musical by Richard Rodgers, lyrics by Oscar Hammerstein II and a book by Howard Lindsay and Russel Crouse. It is based on the memoir of Maria von Trapp, The Story of the Trapp Family Singers...
— 1965 movie fictionalizing the von-Trapp family fleeing the Nazis in Austria of 1938 and secretly escaping over the Alps to freedom in SwitzerlandSwitzerlandSwitzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
(ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
in real life) - BalserosBalserosBalseros is a 2002 Spanish documentary co-directed by Carlos Bosch and Josep Maria Domènech about Cubans leaving during the Período Especial after the financial support of the former USSR stopped...
— Documentary about escaping Cuba on rafts
See also
- Freedom of MovementFreedom of movementFreedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
- Illegal immigrationIllegal immigrationIllegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
- RefusenikRefusenikRefusenik originally referred to citizens of the former Soviet Union who were refused permission to emigrate.Refusenik or refusnik may also refer to:*An Israeli conscientious objector, see Refusal to serve in the Israeli military...
- Eastern Bloc emigration and defection