Immigration Law: Meaning and Significance

Migration is a social phenomenon that refers to the movement of individuals or groups of individuals within a state or across international borders. The causes and motivating reasons for this phenomenon are multifaceted and include political, economic, social, and cultural factors. Although the term "migrant" is not fully understood, it is generally believed that a migrant is someone who has crossed borders freely for a number of reasons. The United Nations Organization has made an effort to define a "migrant" as someone who has resided in a foreign country for more than a year, regardless of the method used to enter the country and the motivation for the migration.

What is Immigration Law?

Immigration law is a term used to describe national and governmental regulations that regulate the process of immigration to a nation. Nationality law, which regulates people's legal standing in regards to things like citizenship, is related to immigration law. It is apparent that immigration rules vary from nation to nation and depend on the political climate of each nation. International law governs the immigration laws pertaining to a nation's residents.

Immigration law is the only type of law that regulates immigration in a country. Immigration law refers to the regulations set forth by the relevant authorities of a nation for determining who is permitted to enter their country and for what duration. Immigration law governs the detention and removal procedures when a foreign individual arrives without authorization, overstays a visit, or otherwise loses his or her legal status.

People relocate more frequently for economic reasons. Pull factors and push factors, which together account for the majority of the explanations for emigration from the country of origin, are factors that provide powerful incentives for migration.

In general, a visa approval procedure is used to grant authorization for visitors from other countries to enter a specific nation. There are two reasons to obtain a visa. For people who choose to remain in the country and find employment there, immigrant visas are available. Tourists, students, and businesspeople can obtain non−immigrant visas. International law pertaining to a nation's people is governed by international law.

Policy On Immigration

Indicates the Government’s policy to influence the level of documented immigration into the country. Response categories for this variable are− Raise; Maintain; Lower; No intervention; No official policy.

The problem of irregular immigration has been addressed by almost all governments through the adoption of specific policy measures. Globally, 77% of governments utilise sanctions for migrant employers in irregular situations, while 99% of governments use fines, incarceration, or deportation of migrants in irregular situations. 34% of all governments have taken steps to formalise their legal standing through established plans or requirements. In addition to being at risk of being taken advantage of by criminal enterprises engaged in migrant smuggling and human trafficking, migrants in irregular situations are particularly susceptible to prejudice, exploitation, and abuse.

Problems Faced by Immigrants

In most of the nation’s cross−border immigration plays a multifaceted role in the nation's economy, contributing to social and cultural diversity while also boosting economic activity. The issue here is that a large portion of immigrants from other countries work in the unorganised economy as domestic helpers, bartenders, waiters, cleaners, employees of restaurants, small business owners, etc. It has become exceedingly challenging to estimate their true contribution to GDP and the overall economic activity of the nation because it is limited to the informal sector, which is characterised by informal salary payment methods without any organised financial institution channel.

Although cross−border immigrants have many possibilities and paths to take, the bulk of them are falling prey to harassment, exploitation, and torture. Cross−border immigrants have been presented with a challenging situation due to middlemen's physical, economic, and social exploitation, social injustice, a lack of legal recognition, sexual harassment of female immigrants, exploitation by border security forces, and a lack of enrollment in the financial system. By denying them social, legal, and financial protection against exploitation, their unlawful status is escalating the issue.

Legal Provisions

It includes −

• In accordance with the 1950 Immigrants (Expulsion from Assam) Act, it had been put into place to allow for the eviction of some immigrants from Assam. The Act gives the federal government the authority to order the deportation of specific immigrants. If the Central Government believes that any individual or group of individuals, who were previously ordinarily residing outside of India, entered Assam before or after the passage of this Act and that their continued presence in Assam is injurious to the interests of the Indian public at large, of any section thereof, or of any Schedule Tribe in Assam, the Central Government may by order −

•  Direct such person or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order;

• And give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient.

The Immigration (Carriers' Liability Act of 2000 provides that− It was passed with the intention of addressing the issue of huge numbers of passengers arriving without proper travel documents from the carriers in violation of the Passport Act of 1920. If the competent authority determines that a carrier brought a person into India in violation of the Passport (Entry into India) Act, 1920 and rules made thereunder, he may order that carrier to pay a fine of one lakh rupees, subject to the restriction that no order shall be made without first giving the carrier an opportunity to be heard. To comply with the international mandate to exempt any carrier or class of persons, the Act has been modified. The Act has been amended to meet the international obligation of exempting any carrier or class from application of this Act.

Conclusion

Immigration law is the law that governs immigration in a country. Immigration law and nationality law are similar insofar as foreign citizens are concerned because they both govern citizenship issues. Likewise, if a person emigrating (means leaving one country) and immigrating (landing in a different country) he or she needs to follow immigration law. Immigration law is legislated to protect the nation’s security and also to identify and protect a person’s identity and rights.

Frequently asked questions

Q. What are the major areas that Indian immigration law governs?

It includes −

• Foreigner's Act 1946.

• Registration of Foreigners Act of 1939.

• Citizenship Act of 1955 with allied rules and periodic amendments.

Q. What are the types of immigration?

There are four types of immigrants −

• Economic immigrant

• Immigrant sponsored by family

• Refugee

• Other immigrant

Q. What was the first law to restrict immigration?

The Chinese Exclusion Act was approved on May 6, 1882. It was the first significant law restricting immigration into the United States.

Q. What are some different types of human movements? 

It largely includes;

• Internal migration− moving within a state, country, or continent

• External migration− moving to a different state, country, or continent

• Emigration− leaving one country to move to another

• Immigration− moving into a new country

• Return migration− moving back to where you came from

• Seasonal migration− moving with each season or in response to labor or climate conditions 

Q. When did the immigration laws start?

In 1917, the U.S. Congress enacted the first widely restrictive immigration law. The uncertainty generated over national security during World War I made it possible for Congress to pass this legislation.

Q. What is the difference between emigration and immigration?

When referring to the nation where someone migrated, the phrase immigrant is used. The word "emigrant" refers to the nation from where the person migrated. When someone departs their home nation, they are considered emigrants, and when they enter their new country, they are considered immigrants.

Q. What is the meaning of "visa"?

A visa is an endorsement on a passport indicating that the holder is allowed to enter, leave, or stay for a specified period of time in respective country. The term stands for "Verified International Stay Approval" or "Virtual Important Stamp Authorization."

Q. What are the types of visas?

Major types of visas are −

• Employment Visa

• Business Visa

• Project Visa

• Student Visa

• Tourist Visa

• Conference visa

• Medical visa

Q. What is the purpose of a visa?

A visa permits the holder to travel abroad and apply for entrance into the foreign nation that issued it.