illegal immigration

Illegal immigration is the migration of people into a country in violation of that country's immigration laws, including unauthorized entry or continued residence after the expiration of a valid visa. Illegal immigration tends to be financially upward, with migrants moving from poorer to richer countries. Unauthorized residence can carry risks of detention, deportation, or other administrative sanctions, depending on national laws.

Some migrants, including asylum seekers, are legally protected from penalties under international law. Under Article 31 of the 1951 Refugee Convention and its 1967 Protocol, people who enter a country without authorization to seek asylum cannot be penalized solely for irregular entry if they present themselves promptly, and are lawfully allowed to remain until their cases are fully processed. Asylum seekers denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision. In some cases, these people are considered illegal aliens. In others, they may receive a temporary residence permit, for example regarding the principle of non-refoulement in the International Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certain countries, for example, due to the risk of torture.