Migration is a hot topic in the news and a source of political debate, yet there's no universal legal definition for the term "migrant." Instead, it serves as an umbrella term that encompasses various subgroups, including those known in policy discussions as "irregular migrants." Opinions on irregular migration are polarized, with many on the right advocating for stricter border controls and many on the left pushing for stronger human rights protections. But who exactly are irregular migrants, and why is this term used?
In simple terms, irregular migrants are individuals who:
- Enter a country without the necessary legal permission (irregular entrants)
- Stay in a country without the necessary legal permissions (irregular residents)
- Violate a country’s immigration laws in a way that could lead to their expulsion if discovered
Patterns and policies related to these groups are often discussed in terms of "flows" (irregular entrants) and "stocks" (irregular residents). The term "irregular migrants" is used because other labels, such as unauthorized, undocumented, and illegal aliens, have been criticized for being unhelpful or inaccurate. The term "irregular" contrasts with "regular" or "legal" migration, acknowledging that migration statuses and experiences are complex and not strictly binary.
Irregularity can vary in degrees. For instance, irregular residents can include:
- Migrants without a legal residence permit
- Migrants with a legal residence permit who work in violation of employment restrictions, known as semi-compliance
- Migrants and their employers who do not pay the required taxes and social insurance contributions in the host country
This nuanced understanding reflects the multifaceted nature of irregular migration.