According to Taoiseach Simon Harris, the term “illegal migrant” is “not a phrase in law.”
The claim was made during an interview with Virgin Media, when interviewer Colette Fitzpatrick brought up the issue of immigration in the context of the upcoming general election.
“Do you know how many illegal migrants we have in the country at the moment, for example?” Fitzpatrick asked.
“Because the Department of Justice doesn’t know.”
The Taoiseach shot back with a question of his own.
“What does the phrase ‘illegal migrant’ mean?” he asked.
“Because that’s a phrase that is used by some, but it’s not a phrase in law.”
He added: “Anybody has a right to come here and seek international protection – it is the job then of the Department of Justice to assess the validity of that application.
But is it true that the phrase “illegal migrant” does not appear in Irish law?
THE REALITY
The synonymous term “illegal immigrant” does appear in Irish law, most notably in the ‘Illegal Immigrants (Trafficking) Act 2000’.
This act defines the term “illegal immigrant” as “a non-national who enters or seeks to enter or has entered the State unlawfully,” and it primarily seeks to “prohibit trafficking in illegal immigrants and to amend the Refugee Act 1996 and the Immigration Act 1999.”
“A person who organises or knowingly facilitates the entry into the State of a person whom he or she knows or has reasonable cause to believe to be an illegal immigrant or a person who intends to seek asylum shall be guilty of an offence…” the Act reads, adding that if indicted and convicted of the offence, individuals can face a fine and/or up to 10 years in prison.
The same phrase appears in the Europol Act 1997, the Europol Amendment Act 2006, and the European Communities (Communication of Passenger Data) Regulations 2011.