Illegal immigration refers to the unauthorized entry, residence, or prolonged stay in a country contrary to its immigration laws. Economic conditions, employment opportunities, family reunification, education, and wars often drive individuals to immigrate illegally. Turkey's unique geographic position between economically prosperous European countries and struggling Eastern nations has made it a significant transit and destination country for illegal immigration.
Given this context, the Turkish government actively implements stringent policies and legal frameworks to manage illegal immigration effectively, balancing national security and humanitarian considerations. Understanding these laws requires guidance from an experienced Turkish Lawyer or Istanbul Lawyer Firm specializing in immigration.
Administrative Measures Against Illegal Immigration in Turkey
Turkey actively employs legal mechanisms to regulate illegal immigration. Common administrative measures include:
- Deportation of individuals illegally entering or residing in the country, with repatriation to their home countries or third-party transit states.
- Individuals working without permits or violating visa conditions are subject to deportation procedures.
- Immigrants receiving a deportation order have seven days to appeal to an administrative court, during which the deportation is suspended until a decision is made.
These legal actions aim to reduce illegal immigration while ensuring compliance with international human rights obligations.
Citizenship and Illegal Immigration in Turkey
Contrary to some misconceptions, Turkish citizenship is not granted automatically based on birth within Turkey's territory. According to Turkish citizenship law, children born in Turkey to illegal immigrants do not automatically become Turkish citizens. Citizenship typically depends on the parents' nationality, potentially resulting in statelessness for some refugee children. Legal guidance from a Turkish citizenship lawyer is crucial for navigating these complexities.
Refugees legally residing in Turkey have specific rights, including:
- Right to life and security
- Protection from torture and ill-treatment
- Limited citizenship rights (subject to specific criteria)
- Right to return to their home country
However, illegal refugees do not enjoy citizenship or travel rights, although their basic human rights remain protected under international law.
Rights of Illegal Immigrants in Turkey
Illegal immigrants, despite their unauthorized status, retain fundamental rights under Turkish law and international human rights conventions, including:
- Freedom of expression and religion
- Right to privacy and legal representation
- Right to challenge deportation decisions legally
However, these rights do not exempt individuals from deportation if they have violated immigration laws significantly.
Is Illegal Immigration a Crime in Turkey?
The criminality of illegal immigration in Turkey depends on several factors, including the method of entry, the presence of criminal history, and specific legal violations such as forged documentation or unauthorized work. Illegal entry itself is generally not criminalized, but associated actions like forgery, human trafficking, and illegal employment carry severe penalties.
Turkey's stringent laws primarily target individuals facilitating illegal immigration for profit, such as traffickers or employers who exploit immigrants. Immigrants without criminal records are typically deported and barred from re-entry for a specified period rather than criminally prosecuted.
If you face issues related to illegal immigration, consulting our experienced Turkish immigration lawyers at ER&GUN&ER Turkish Law Firm is highly recommended to navigate the legal processes effectively.
For further insights, read our previous article: Free Speech in Turkey.