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Illegal Immigration in Turkey
MGC Legal’s immigration experts wrote about illegal immigration to Turkey in detail; keep reading to find out more.
What is Illegal Immigration?
Illegal immigration is entering a country illegally, staying in a country illegally, or entering legally and not leaving within the specified legal period allowed to stay. Illegal immigration is an issue that needs to be evaluated by the country of destination for immigration, the country of origin, and the country of transit, each one separately.
The countries targeted or intended for immigration include people who come to these countries illegally or come legally and do not leave the country within the legal period they are allowed to stay within. The source countries include people who do not follow the necessary procedures when leaving their countries.
The issue of illegal immigration has become an obsession, especially for the receiving countries. The growth of organized crime has increased the seriousness of the situation, as many global criminal networks have specialized in transporting migrants in illegal and unsafe ways in exchange for exorbitant amounts. The matter often ends up exploiting these migrants horribly through what is known as trafficking in persons and trafficking in human organs.
The issue of clandestine immigration became more complicated after it was proven that many northern countries could not receive the huge number of immigrants, especially after the global economic crisis, where the living conditions deteriorated, even for the citizens of these countries.
All these and other reasons prompted the international community to enact agreements to end illegal immigration. Most of all, the issue of illegal immigration has become discussed in the balance of criminal law, where there are conflicting opinions on this topic. A major question is raised that is the focus of our study: is illegal immigration a crime or a permissible act?
Is Illegal Immigration a Crime or a Permissible Act?
The crime of illegally leaving the national territory is considered one of the new crimes, as punitive legislation did not know it until the end of the twentieth century and the beginning of the twenty-first century, when it appeared after the closure of state borders and the imposition of laws to regulate the movement of people and money, in balance with the development of transportation, which eased from the obstacles and hardships of traveling from one country to another.
What Are The Documents or Administrative Decisions issued in Turkey Against an Illegal Immigrant?
Highlighting the dangers of illegal immigration in Turkey and its impact on security is one of the new threats that have emerged significantly during this period. It touches on the reference values of security in its various dimensions. Turkey is one of the countries concerned with this phenomenon. It is noted that illegal immigration to Turkey poses challenges to security for the Turkish state, especially as it represents a transit point for illegal immigrants to other countries.
The most important question that runs into one’s mind is who a foreigner is or in better words,
“when will I be represented as a foreigner of one country, and what are the documents or administrative decisions that will be issued against me in case I stayed illegally in Turkey or illegally entered Turkey?”
Foremost, a Foreigner is a person who does not hold citizenship of the Republic of Turkey. If a foreigner stays in Turkey for more than the permitted period, an Exit Permit Document will be issued. An Exit Permit Document is issued to people who leave Turkey within a specified period. There are also certain Deportation centers where foreigners are detained for administrative control.
Administrative control is the detention of those appointed in the deportation centers scheduled to be deported outside the borders who are expected to escape or risk disappearance, or who have violated the rules of entry and exit to Turkey, who have been proven to have used forged and unofficial documents, or who have violated the period specified for them by staying within the Turkish borders without an acceptable excuse, and who pose a threat to public order, public security or public health.
An Administrative Control Decision, on the other hand, is the decision that is taken by the Immigration Department on the foreigners to be deported who are expected to escape and risk their disappearance from the implementation of this decision, people who have violated the rules of entry and exit to Turkey, who have been proven to have used false and unofficial documents, people who have violated the period specified for them by staying within Turkish borders without an acceptable excuse, people who pose a threat to public order, public security or public health. A Deportation Decision will be taken for those who violate the law in certain cases.
A Deportation decision is the implementation of the decision regarding those who will be deported, which is taken by the governor directly or based on the instructions of the General Directorate for those who violate the provisions of the law.
Finally, an invitation to leave Turkey is a decision taken against people who have to leave Turkey, taking into account the determination of the deportation decision, where they are given no less than 15 days and not more than 30 days so that they can leave.
Keywords: illegal immigration in Turkey, illegal immigration Turkey, illegal immigration to Turkey.