Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated.[1] Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.[citation needed]
Immigration laws vary around the world and throughout history, according to the social and political climate of the place and time, as the acceptance of immigrants sways from the widely inclusive to the deeply nationalist and isolationist. National laws regarding the immigration of citizens of that country are regulated by international law. The United Nations' International Covenant on Civil and Political Rights mandates that all countries allow entry to their own citizens.[2]This principle is not always respected in practice. For instance, during the COVID-19 pandemic, Australia adopted a policy of denying entry to all individuals in particularly affected jurisdictions, including Australian citizens and permanent residents.[3][4] Similarly, while states within the Schengen Area typically permit freedom of movement across borders, many states within the area implemented ad hoc border controls during the pandemic.
Immigration policy is the aspect of border control concerning the transit of people into a country, especially those that intend to stay and work in the country. Taxation, tariff and trade rules set out what goods immigrants may bring with them, and what services they may perform while temporarily in the country. Agricultural policy may make exemptions for migrant farm workers, who typically enter a country only for the harvest season and then return home to a country or region in the Global South (such as Mexico or Jamaica from where U.S. and Canada, respectively, often import temporary agricultural labour).[5] An important aspect of immigration policy is the treatment of refugees,[6] more or less helpless or stateless people who throw themselves on the mercy of the state they try to enter, seeking refuge from actual or purported poor treatment in their country of origin. Asylum is sometimes granted to those who face persecution or a well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group, or political opinion.
As a result of investment-oriented immigration policies, states sometimes implement border control measures known as immigrant investor programmes that offer permanent residence or citizenship in return for investment.[7][8][9] Immigrant investor programmes originated in the 1980s when tax havens in the Pacific and Caribbean began "cash-for-passport" programmes that facilitated visa-free travel and tax avoidance.[10] Such programmes have sparked controversy in several countries. A lack of demonstrable economic benefits, and security concerns, have been among the most common criticisms. In 2014 the Canadian government suspended their golden visa programme (although, as of 2017, Quebec maintains its own golden visa programme).[11] The implementation of such programmes in Europe has been criticised by the European Parliament,[12] which approved a non-binding resolution that in 2014 declaring that an EU passport, which by definition provides its bearer the right to reside in any EU or EEA jurisdiction, should not have a "price tag".[13]
Critical theory can be used to interpret the right of asylum[14] and immigration law.[15]
To control immigration, many countries set up customs at entry points. Some common locations for entry points are airports and roads near the border. At the customs department, travel documents are inspected. Some required documents are a passport, an international certificate of vaccination, and an onward ticket. Sometimes travelers are also required to declare or register the amount of money they are carrying.[citation needed]