Illegal emigration

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Illegal emigration is departure from a country in violation of emigration laws. Countries often seek to regulate who departs a country for diverse reasons, such as stopping criminals from leaving, preventing labor shortages and capital flight, and averting brain drain. The simplest case is when a country prohibits certain persons from physically leaving. Another common situation is when a person legally goes abroad but refuses to return when demanded by his or her country of origin.

Special cases are when one flees a country as a refugee escaping persecution or, after committing a crime, trying to escape prosecution. However, a person who enters another country as an illegal immigrant may be sent back, and if a criminal, a person may face extradition or prosecution in the other country.

The position of the United Nations is that freedom to emigrate is a human right, part of the right to freedom of movement. According to the Universal Declaration of Human Rights, "Everyone has the right to leave any country, including his own, and to return to his country".