ILLEGAL IMMIGRATION BETWEEN LEGAL CRIMINALIZATION AND THE PROBLEM OF LINGUISTIC COMMUNICATION

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CHITER MOHAMED BOUZIDI , ZITOUNI MERZAKA, SATA NEDJIM, ABDERRAZAK BENDAHMANE

Abstract

      There are various causes and manifestations of violations associated with illegal immigration. Many nations criminalize unauthorized entry into their territories. However, it is essential to view illegal immigrants as victims of extraordinary circumstances and conditions before considering their actions through a criminal lens. The study aims to underscore key strategies for shifting public perceptions concerning illegal immigration. This entails embracing a human rights-oriented approach and minimizing the reliance on security measures, surveillance, and punitive legal procedures. The findings advocate for governmental action. It emphasizes the imperative of aligning migrant rights with universal human rights principles, emphasizing their inherent inseparability. Furthermore, the study urges the decriminalization of illegal immigration, advocating for its treatment solely  within the realm of civil and administrative violations.


Since illegal immigrants face many problems, the research had to raise the problem of linguistic communication, as most illegal immigrants do not speak the foreign languages of the countries they moved to.


 To address these issues comprehensively, the study will employ a descriptive analytical approach, deemed most suitable for examining its overarching framework.

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References

a. The "Sixth Report of the International Labor Conference, Towards a Fair Approach for Migrant Workers in the Global Economy," published as the first edition under the Sixth Agenda Item, Geneva: International Labor Office, in 2001.

b. The "International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families" was adopted in 1990.

c. Universal Declaration of Human Rights 1948.

d. The report titled "The Right to the Private Meaning: Human Rights for Immigrants," authored by Jorge Bustamante, is referenced as Doc A/HRC/7/12, dated February 2008.

-The Schengen Convention adopted by the European Union on 3/26/1995.

- art. L625-1 of the city Posted by Ordinance no. 2020-1733 on December 16, 2020 - art. 1(V)

- The European Immigration Policy adoptedin 2008 sous la Présidence Française.

Books

a. Abdallah Saud Al-Sarani, the relationship between illegal immigration and the crime of human smuggling and trafficking, from the book Combating Illegal Migration , first edition , Riyadh : Naif University Publications For Security Sciences , 2010 .

b. Mohammad Fathi Aid , International Experiences in Combating Illegal Immigration , from the book Combating Illegal Migration , First Edition , ( Riyadh : Naif University for Security Sciences Publications , 2010 .

c. Danièle Lochak. Immigration Occurs Through Penal Law. Politics Crimes. In Honor of Christine Lazerges, Dalloz, pp. 689-704, 2014, models, collections, works, 978-2-247-12992-8. hal-01647328.

Patrick Henriot, "Decriminalization of Irregular Stay of Foreigners: The Stubborn Resistance of French Authorities (Published on December 31, 2012)," Home Writings Review, June 2013, available online: http://revdh.files.wordpress.com/2013/06/6-ph-article-dc3a9pc3a9nalisation-rdh1.pdf

a. Monique Chemillier-Gaudreau, "A Legal Regime for Clandestine Migration," in Vincent Chetail (eds), Globalization and Human Rights: International Law in Question, published by Bruylant Editions, 2017.

b. Hasina Sharon, Illegal Immigration between Permissibility and Criminalization, Journal of Judicial Jurisprudence , 6/8, (January 2013 ), 19-32 .

c. Salah El-Din Fawzi , The General Framework for Combating and Illegal Immigration , Journal of Legal and Economic Research , Issue 63, ( August 2017 ), 43-56.

d. Abdel Halim Ben Mechri, The Nature of Illegal Immigration, Al-Mufakir Magazine, Faculty of Law and Political Science, University of Biskra, 6/1, (November 2011 ), 96-104

e. Naji Abdel Nour, “The Non-Military Dimensions of Security in the Mediterranean and the Phenomenon of Illegal Migration in the Maghreb,” an article published in the interventions of the International Forum, Algeria and Security in the Mediterranean: Realities and Prospects, on 29 and 30, Faculty of Law and Political Sciences, Constantine , ( April 2008) . ).

f. Yassin Mahmoud Al - Najeh , Legal and Regulatory Frameworks to Combat Irregular Migration in Libya , Libyan Affairs Magazine , No. The first , ( July 2016 ) .

- RaoufEmbarak, reality Immigration not Legitimacy , study in Concepts And the reasons And the effects - My bank Average Model - magazine Issues Cognitive, 1/1, (March 2018 ), 43-65.

- Mohammad Gharbi (coordination), Illegal immigration in the Mediterranean region (risks and coping strategies) Insaniyat / Humanities [En ligne], 70-69 | 2015, due on September 30, 2017, consulted on April 4, 2022. URL: http://journals.openedition.org/insaniyat/15322; DOI: https://doi.org/10.4000/insaniyat.15322

- Mansouri Raouf, Immigration Confidentiality from Perspective Security humanitarian, note Master 's , university Sat YF , 2014 .

- Felicia Ghazlan, The extent to which countries receiving illegal immigrants implement human rights agreements and European countries as a model , The First International Forum on the Reality of Illegal Migration and Mechanisms to Combat It, held on the 16th and 17th ( published in the magazine ), magazine Libra, number 3, ( October 2018 ), 152-173 .

-Alexander Aleinikoff, INTERNATIONAL LAW AND MIGRATION: TOUR D'HORIZON, International Organization for Migration Programs on Politics and Recherche in Migration Mater, 2003.

-El-Akhdar Omar Al-Dehaimi: “A Study on Illegal Migration in Algeria”, Scientific Symposium on Arab Experiences in Combating Illegal Migration, 8 April 2010, Naif Arab University for Security Sciences, Kingdom of Saudi Arabia.

- Rachid Saad: “The Reality of Illegal Migration from the Perspective of Human Security”, Master’s Thesis in Maghreb Studies, Faculty of Law and Political Science, University of Mohammad Khider Biskra, Algeria, 2012.

- Reda Zahir, “The Use of Social Media Networks in the Arab World”, Journal of Education, Issue 15, 2003.

- Ibrahim Brahmi, “The Role of Social Media Networks in Teaching Arabic to Non-Native Speakers - A Study of Mechanisms and Functions -“ Al-Kalima Journal, Volume-07-, Issue 01, 2022.

- Hussein Muhammad Hussein Al-Batayneh, “The Linguistic Consequences of Arab Migration to Non-Arabic Speaking Countries, The Syrian Migration to Turkey as a Model”, Journal of Linguistic and Literary Studies, Issue: 01, June 2022.

- Matthew Andrey, Sarah Keeiy, Nagla Samkiya, “A Study on Migration and Asylum in the Maghreb Countries”, Euro-Mediterranean Human Rights Network, translated by: Manar Wafa, December 2010.

Websites

-What is Illegal Immigration? Available at:https://www.gambacortalaw.com/blogs/2017/november/what-is-illegal-immigration-/www.gambacortalaw.com11-14-2017

- Gisti, Immigration: a regular diet d'exception ,2012, consultable on line address http://www.gisti.org/publication_som.php?id_article=2781,p1