From Mobility to Crime: How Migration Criminalization Redefines Human Rights

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At the beginning of 2025, the world awoke to an alarming déjà vu: Donald Trump, in his second term as president of the United States, had restored the most aggressive immigration policies of his previous administration, but with a new and even harsher tinge of criminalization. Under executive orders, mass detention programs were reactivated, and undocumented migrants were transferred to the Guantanamo base. 

What is happening in the United States is not an isolated phenomenon. In Europe, migration control discourses have also gained traction, influencing governments such as Italy's, where the penalization of humanitarian aid to migrants in the Mediterranean has criminalized NGOs trying to save lives. Similarly, these events have shaped policies in Ireland, where anti-immigrant discourse has fueled protests and attacks on refugee centers, increasing pressure on the government to further restrict entry for asylum seekers. 

In Latin America, the militarization of borders in Ecuador and Chile has reduced safe routes for Venezuelan migrants, leaving them exposed to human trafficking networks and extreme violence, and in India, the enforcement of immigration laws has facilitated the deportation of Rohingyas, who are still fleeing persecution in Myanmar.  

Criminalizing migration has led to an alarming increase in the number of people in detention centers, turning the human right to asylum into a freedom deprivation sentence. According to Amnesty International, thousands of asylum seekers are trapped in legal uncertainty, without access to protection and paralysed in subhuman conditions. They are exposed to violence, torture and cruel treatment in temporary detention centers at the border. This situation has been exacerbated in 2025 with the new immigration policies of Trump's administration, which have turned undefined detention into an immigration control strategy, regardless of the systematic violations of the fundamental rights of those looking for safety. 

 The systemic abuses placed against migrants have sparked widespread criticism and concern among human rights organizations, highlighting the severe consequences of using detention as a primary immigration control mechanism. The American Civil Liberties Union (ACLU) has denounced the transfer of migrants to the Guantanamo Bay detention center, calling it an act of repression that violates not only U.S. law but also international human rights treaties. In these centers, the lack of access to legal representation and the impossibility of communicating with the exterior have left hundreds of people in a situation of total defenselessness, trapped in a bureaucratic labyrinth with no way out. 

The tragedy does not end merely at the detention centers. In 2023, according to the International Organization for Migration (IOM), nearly 8,600 people died in their attempt to cross a border to a safer future, a 20% increase over the previous year. These numbers reflect the human cost of restrictive policies that force migrants to take increasingly dangerous routes. In the Mediterranean, 60% of documented migrant deaths occur by drowning, with more than 27,000 victims in recent years. New restrictions imposed this year by the Trump administration have drastically reduced the responsiveness of rescue operations at the U.S. southern border, foreshadowing an even deadlier year for those trying to escape violence and poverty. 

Migration criminalization not only threatens the lives of those who are displaced but also condemns them to a cycle of exploitation and abuse. By denying them labor rights and legal protections, governments throw displaced individuals into a system of modern slavery. An emblematic case is the recent dismantling of a criminal network in Albacete, Spain, where thirty migrants were rescued from forced labor on agricultural farms. They worked up to twelve hours a day, under unsanitary conditions and with wages that barely covered the inflated costs of their food and accommodation.  

The impact of these policies is not only reflected in the lives of thousands of migrants and refugees, but also in public discourse and perception. Migration criminalization policies have transformed the global debate, fuelled fear and xenophobia and reinforced stereotypes that associate migration with crime and insecurity. According to the ISEAK Foundation's Anti-Immigration Sentiment Disclosure Report (2024), 52% of Europeans are in favor of reducing immigration. This discourse has been reinforced in recent years with anti-immigration protests in countries such as France, Germany, Italy and Ireland, and now, with Trump's re-election, the risk of these narratives consolidating and expanding is greater than ever.   

Trump's new immigration policies not only pose a threat to those seeking refuge in the United States but also act as a catalyst for other governments to adopt similar stances. In Latin America, countries such as Ecuador and Chile have tightened their border controls, while in Europe, Italy has criminalized NGOs that rescue migrants in the Mediterranean. These measures legitimize discourses that perpetuate discrimination and violence against migrant communities around the world. 

However, resistance movements have emerged in response to anti-immigration sentiments. In Ireland, solidarity networks have worked to counter misinformation and support refugees in their integration process. Organizations in cities such as Barcelona, Buenos Aires and Los Angeles have created self-organized shelter initiatives, legal counseling and job placement programs. At the global level, pressure from activists and human rights defenders has succeeded in stopping some extreme measures.   

Global migration policy is at a turning point. For too long, governments have responded to migration flows with walls, detentions and deportations, forgetting that border crossers are not criminals, but human beings who seek safety, stability and opportunities. Criminalization of migration has not stopped forced displacement; it has only increased the suffering of those forced to flee their homes. It is time to reject the logic of repression and to opt for policies that guarantee protection, regularization and respect for the fundamental rights of people in human mobility. 

The evidence is clear: well-managed migration can bring massive benefits to both origin and host countries. Studies by IOM have shown that migrants contribute significantly to economic growth, strengthen the labor force and enrich the cultural diversity of host communities. Rather than being perceived as a burden, migrants should be seen as key players in global development and innovation.  

To achieve this, it is essential that governments invest in effective integration programs that facilitate access to decent employment, education and health services. Instead of perpetuating policies of exclusion and fear, legal pathways for migration must be opened to provide safe alternatives for those seeking a new life elsewhere. A migration policy based on inclusion not only improves the living conditions of displaced people but also strengthens the social and economic fabric of host countries. 

But beyond the numbers and economic benefits, there is the fundamental question of humanity. Migration is not a crisis to be contained, it is a reality that must be managed with justice and solidarity. It reflects an interconnected world where people move not by whim, but by necessity. Responding with humanity is not only an ethical imperative, but an essential condition for building more just and equitable societies.  

Change in global migration policy cannot wait. A new narrative is urgently needed, one that replaces fear with empathy, criminalization with protection, and disregard with concrete action. History has shown that societies that embrace diversity and human mobility are more prosperous and resilient. The question is not whether the world can afford more human migration policies, but how much more suffering we are willing to accept before recognizing that the only viable answer is dignity and justice for all.