Inmigracion irregular, menores no acompañados.(Ucrania la situación especial.) Análisis sobre normativas nacionales y europeas y derecho comparado.

Abstract

The phenomenon of immigration has become a lucrative business, both for those who exploit immigrants for minimum wages in the countries of origin, as well as those who are dedicated to facilitating their transit from the country of origin to the destination in an irregular manner. Professional mafias dedicated to this task have been set up, moving large amounts of money as is the case with human trafficking, which in Spain moved around 5 million euros a day in 2019. Since 2010, there has been an increase in the number of migratory movements globally, driven especially by the economic crisis of 2008, and by the continuous warlike conflicts on the African continent, such as the civil war in Syria, Nigeria, or the Congo. These are two of the main causes that motivate groups of people to move their habitual residence to another country, that is, for economic and/or political reasons. Related to this last cause, personal causes also tend to appear, they are those that motivate people to move to another country for reasons of gender, homophobia, or xenophobia. In recent years, there has been an increase in the Mediterranean area of arrival of immigrants through the sea, with the so-called pateras. This type of irregular entry had its peak in 2018, with the arrival of 58,569 people, according to data collected by UNHCR (1). It is an extremely dangerous mode of displacement, which has led to an increase in deaths and disappearances at sea, which have increased to 811 people in 2018. Despite its danger, this type of displacement is the most used in recent years, being the main form of irregular access to European territory. The purpose of this work will therefore be to analyses Criminal Policy, oriented towards immigration, especially in Europe and North America, as well as the criminal actions of the mafias present in these flows and their possible legal consequences. The main objectives to be analyses are European and Spanish regulations related to irregular immigration, real cases tried in Spanish courts, and to compare Criminal Policy at an international level such as the United States and the European Union, the current situation of immigration in Spain and, finally, the results obtained in the survey carried out about this work. The methodology used is mainly a bibliographic review of articles and studies carried out by authors about migration. Likewise, different databases are analyses, with the aim of extracting statistical samples. On the other hand, the main sources that will be used will operations carried out in the Canary Islands, Ceuta, Algeciras, and La Linea (Cádiz), more than 100 people have been arrested. Regarding unaccompanied foreign minors, it is important to highlight that these immigrants are minors and that they undertake the journey alone, without their families, with the aim of improving their living conditions and that of their family. The main problem for unaccompanied foreign minors is when they reach the age of majority, as they are expelled from the protection center, often without money and without legal documentation. Keywords: immigration,