Irregular Migration, Migrant Smuggling and Human Trafficking

Four interlinked, yet distinct topics in migration

This module introduces students to four interconnected topics in migration: irregular migration, migrant smuggling, human trafficking, and promoting regular migration pathways. The module covers the rising complexities and interconnections of these migration issues, emphasizing the need for comprehensive solutions and improved migration policies. Students will learn to define and distinguish between these concepts, explore why people migrate through dangerous routes, and understand the challenges faced by migrants, governments, humanitarian actors, and countries of origin. They will also discuss opportunities to create additional regular migration pathways.

Irregular migration

Irregular migration has been defined by the International Organization for Migration (IOM) as movement of persons outside the laws, regulations, or international agreements governing the entry into or exit from the State of origin, transit or destination. Migrants in an irregular situation are those residing in a country or passing through a transit country without the required visa, travel documents or documents permitting them to enter or stay in the country (also known as undocumented migrants).

Not all irregular migrants cross borders without authorisation. Most enter countries regularly, but overstay visas and become undocumented/irregular migrants. Some were born to undocumented parents.

Why are more people migrating through dangerous, irregular migration routes?

Many people migrate to another country due to various vulnerabilities. They may be forced to leave because of conflict, instability, or persecution, seeking asylum and refuge elsewhere. Severe poverty, disasters, unemployment, climate change, gender inequality, familial separation, and denial of basic rights like education, health care, and adequate living conditions also drive migration. Without visas or required documentation, these individuals may resort to dangerous, irregular routes.

In recent decades, many countries have adopted selective immigration policies, making it harder for people to access safe migration routes. Selection criteria often favor those with high wealth, education, and skills. As a result, opportunities for safe migration from lower-income countries and fragile states are limited, while people from higher-income countries enjoy greater access. This reinforces inequalities, especially for those in African countries.

For more details on changing immigration selection criteria and unequal access to safe travel, see the Text Case Study in this module on “The lottery of birth.”

Challenges created by irregular migration**

Irregular migration poses significant challenges for everyone involved. Destination countries must manage the influx of irregular arrivals, including processing and providing for them, which often requires substantial resources. Irregular migration also fuels criminal networks of traffickers and smugglers, threatening security.

Many migrants die or go missing during perilous, irregular migration journeys. Between 2014 and 2024, more than 60,000 migrants have died while trying to migrate irregularly, with over 25,000 remains never recovered. The Mediterranean is the deadliest irregular migration route, followed by Africa, the Americas, Asia, Western Asia, and Europe.

Migrants often face inhumane treatment, prolonged detention, and human rights abuses when in an irregular situation or in transit along irregular migration routes. Vulnerable groups like women, children, the elderly, and people with disabilities face even greater risks.

Migrants living in an irregular situation in destination countries often lack access to basic rights and services. They face discrimination, exclusion, and exploitation, often working in informal labour markets without labour rights or social security benefits. Fear of detection usually prevents them from seeking essential services like healthcare and education.

Countries of origin also face challenges in reintegrating returned migrants, who may face stigma and difficulties adapting. Migrant children and adolescents often need to adjust to new languages and cultures.

Migrant smuggling

Migrant smuggling is when someone helps another person enter a country where they are not a citizen or permanent resident or where they do not have the required permission or authorization from the government to enter and stay in the country. The person helping, known as the smuggler, does this to make money or gain some other benefit (Protocol Against The Smuggling Of Migrants By Land, Sea And Air, Supplementing The United Nations Convention Against Transnational Organized Crime). As border security and controls tighten, migrants often rely on migrant smugglers to cross international borders, exposing them to exploitation and abuse. Smugglers typically work in networks, with each smuggler covering a part of the journey from the migrant\‘s origin to their destination. In transit countries, migrants can face irregular and precarious conditions, especially when they don’t have the necessary travel documents. They risk human rights abuses, including sexual and gender-based violence, torture, or other cruel treatment.

Human trafficking

Organized crime groups traffic migrants in virtually every country today. The global scope of this crime reflects broader challenges. Victims are often from disadvantaged socioeconomic backgrounds and/or lower-income countries and are usually trafficked to richer countries where traffickers obtain the highest financial returns on their exploitation.

The concept of human trafficking emerged from centuries’ worth of international law, on issues including the suppression of trading in white women and girls for sexual exploitation, trafficking in women and children, and slavery and practices similar to it, as well as trafficking and exploitation involving the prostitution of others. Yet, it was not until 2000, with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol) supplementing the United Nations Convention against Transnational Organized Crime, that an international definition to criminalize “trafficking in persons” was agreed upon and accepted. As of July 2024, 182 United Nations Member States had ratified (accepted) the Trafficking Protocol, more ratifications than many other international treaties have received (UN Treaty Collection).

The definition of human trafficking includes three key elements (For children (under 18), only the act and purpose need to be proven (Ibid., Articles 3(c) and (d))):

• An “act” (such as recruiting or transporting people),
• A “means” (how the act is done, like through coercion or deception),
• A “purpose” (the goal of exploitation, such as forced labour or sexual exploitation).

Despite global efforts, human trafficking remains a profitable crime. The International Labour Organization (ILO) estimates forced labour alone generates about USD 150 billion annually. This conservative figure excludes profits from other forms of trafficking, often hidden through money laundering and cryptocurrencies. The United Nations Office on Drugs and Crime (UNODC) reported an increase in detected trafficking victims from fewer than 20,000 in 2003 to about 49,000 in 2018. This rise reflects both improved identification and reporting capabilities, as well as the persistence of trafficking.

Blurred lines between migrant smuggling and human trafficking

Human trafficking and migrant smuggling are often confused, but they are different crimes with different international laws regulating them (see the two Protocols mentioned in the sections above on Migrant Smuggling and Human Trafficking). The key difference is purpose: where migrant smuggling facilitates irregular movement for profit, human trafficking seeks to exploit individuals through coercion (Gallagher, 2015).

The two crimes can intersect, especially along irregular migration routes. For example, smugglers may exploit migrants\’ debts, leading to trafficking situations (Sanchez and Achilli, 2019, 2020; Triandafyllidou and McAuliffe, 2018). The table below outlines the key differences between trafficking in persons and migrant smuggling.

The differences between trafficking in persons and migrant smuggling

From IOM EMM 2.0, 2024

Regular migration pathways

Regular migration pathways are essential for realizing the benefits of migration and addressing global challenges. These pathways are legal processes that allow people to move, enter, stay, exit, or re-enter countries in an authorized manner. Wherever possible, migrants will opt to migrate through a regular pathway. However, this depends on the possibility of getting a visa.

The 2030 Agenda for Sustainable Development and the Global Compact for Safe, Orderly and Regular Migration recognize that well-managed migration benefits both migrants and societies. The impacts of migration depend on where and how people migrate, which largely depends on the options available to them. More and better opportunities for regular migration are key to unlocking migration’s potential for a better future.

Ensuring a safe environment for regular migration to take place is important to reduce the risks faced by migrants who would otherwise have little choice but to move irregularly. Free movement of persons, goods and services and a labour environment based on a mutual understanding between member States can reduce some migration-related risks within regional blocs.

Key resources on the topic

• Global Overview (WMR 2024, Ch. 2)*  

• Regional Developments (WMR 2024, Ch. 3)*   

• Human Trafficking in Migration Pathways (WMR 2022, Ch. 10)

• Global Report on Trafficking in Persons 2020 (UNODC, 2020)

• Understanding the Smuggling of Migrants Protocol (Regional Support Office - The Bali Process, 2021)