Punishment under the law against illegal migration
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Illegal migration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal rights to live in that country — Wikipedia
Detention, deportation, and other sanctions are some of the punishments for illegal migration.
Methods used for illegal immigration:
- Illegal border crossing (walking across the border, aided by smugglers)
- Overstaying visa
- Violation of asylum rejection orders (staying even after being asked to leave)
- Sham marriages
A few countries Nigerians emigrate to
- Libya
- South Africa
- Italy
- France
- Several other European countries ("Europe by road")
Countries Nigerian immigrants come from
- Niger
- Togo
- Among other neighboring countries
Origin and destination countries have and operate under their own laws that govern immigration, travel, citizenship, and related spheres.
Two Acts in Nigerian Law are generally concerned with immigration: The Trafficking in Persons (Prohibition) Prevention and Enforcement Act, 2015 and the Immigration Amendment Act, 2015.
The first repealed the former Act of 2003 and established the National Agency for the Prohibition of Trafficking In Persons (NAPTIP) expressly laying out guidelines against the trafficking of persons and associated punishments.
The latter replaces the old and moribund Immigration Act of 1963 and 2004 aims to establish a legal framework that reflects existing modern migration management and border management whilst establishing provisions on and strict penalties for migrant smuggling. The Immigration Act 2015 also covers items such as Passport and passport offenses, the establishment of NIS, passenger list and health examinations, recognized port of entries, and several other things not under the scope of this topic.
Any person who employs, acquires, recruits, transports, harbors, receives, or hires out a child to do any work that is exploitative, injurious, or hazardous to the physical, social or psychological development of the child commits an offense and are liable of conviction to imprisonment terms with or without an option of fine.
Highlighting some offenses and associated punishment under the Trafficking in Persons (Prohibition) Enforcement and Administration Act:
- Procurement of any person: conviction to imprisonment of 10 years without the option of fine
- Procurement of any person under 18 years: 10 years
- Procurement of any persons for prostitution, pornography, and use in armed conflict: 14 years without an option of fine
- Foreign travels which promote prostitution: 10 years without the option of fine
- Unlawful detention with intent to defile (conspiration): 5 years
- Unlawful detention with intent to defile (detainment): 10 years
- Kidnapping from guardianship: 14 years without an option of fine
- Kidnapping and abducting in order to commit culpable homicide
- Buying or selling a person for a purpose
- Unlawful forced labor
- Traffic in slaves
Sources:
theconversation.com/why-young-nigerians-ris..
en.wikipedia.org/wiki/Illegal_immigration
unodc.org/nigeria/en/promoting-better-manag..
sherloc.unodc.org/cld/document/nga/2015/the..