Crime against migrants and crime among migrants - a small scientific study

https://doi.org/10.63189/IJBI4175

Introduction

Population migrations are an integral part of human history, but in the current times they take on a special significance, generating complex challenges in the context of public security, law and politics. Countries located on the external borders of the Schengen area, such as Poland and Hungary, are particularly vulnerable, struggling with the problem of illegal border crossings and the associated risks. This study aims to analyse the phenomenon of migration-related crime, taking into account the specificity of the phenomenon with regard to both crimes committed against migrants and those committed by migrants. The analysis is based on scientific research, reports of international organisations and statistical data, which allows for a comprehensive and objective view of the problem.

Migrants as victims

Migrants are a group particularly vulnerable to various types of crime. This is due to a number of factors, such as an irregular legal status, lack of knowledge of the language and culture of the host country, social isolation and a difficult economic situation. Criminals often exploit these vulnerabilities in pursuit of financial gain, a sense of power or ideological goals. One of the most serious threats to migrants is human trafficking. According to Article 3 (a) of the Palermo Protocol^[1], trafficking in human beings means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation includes, at a minimum, the use of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

The victims of trafficking are most often people from marginalised groups, poor or poorly integrated into society, although very often women and children become victims^[2]. The recruitment of victims often takes place in countries of origin, where migrants are tempted by promises of a better life and well-paid jobs abroad. Migrant networks are also exploited, meaning that migrants are vulnerable to exploitation often by their compatriots.

Another form of crime that affects migrants is forced labour. According to the International Labour Organisation's definition, forced labour is any work or service to which a person is forced under the threat of any penalty and for which he or she does not volunteer^[3]. Migrants, especially undocumented migrants, often take jobs in economic sectors characterised by low wages and difficult working conditions. Employers, taking advantage of their vulnerability, force them to work beyond their strength, refuse to pay wages or use other forms of exploitation.

Migrants are also exposed to sexual violence, which is a serious health, legal and social problem. Sexual violence can take many forms, from sexual harassment to rape, and can be perpetrated by both strangers and intimate partners. Women and children are particularly vulnerable to sexual violence, as well as applicants for international protection and refugees^[4].

Hate crimes are another category of crimes that affect migrants. These crimes are motivated by prejudice and hatred towards specific social groups, including migrants. The victims of hate crimes are most often people of a different race, nationality or religion^[5]. The perpetrators of this type of crime are motivated by a desire to intimidate, humiliate or exclude victims from society.

Migrants as perpetrators

Migrants, like any other social group, can be perpetrators of crime. Crime among migrants is a complex and multidimensional phenomenon and its causes are diverse. However, it is important to stress that migrants cannot be equated with criminals, as such a generalisation is illegitimate and hurtful. Often in the public discourse there are various simplifications or claims that are not reflected in scientific knowledge, so let us look at the facts that result from many years of criminological research.

One form of crime that is particularly linked to migration is illegal border crossing. This problem assumes particular importance in the context of the European Union, which is struggling with an influx of illegal migrants. Illegal border crossing is a crime in itself, but it is also often associated with other forms of crime, such as people smuggling, drug trafficking or fraud, and this poses a serious threat to security at the external borders of the European Union^[6].

Human smuggling, on the other hand, is another common crime involving the organisation of illegal border crossings by persons who do not meet the conditions for entry into a country. Smugglers profit from organising such illegal journeys and migrants, by choosing to use their services, expose themselves to danger and exploitation, as well as to the risk of violence^[7].

Organised crime is another migration-related threat. Transnational criminal groups often use migration to commit various crimes such as drug trafficking, arms trafficking, money laundering or human trafficking^[8]. These groups are characterised by a hierarchical structure, division of tasks and the pursuit of profits from illegal activities, and therefore pose a particular threat to public order.

It is also worth looking at another issue that is emerging in the public space - does migration cause an increase in crime? This is a complex issue that has been studied repeatedly in criminology and most researchers take the view that there is insufficient evidence to claim that migrants are responsible for the increase in crime. Certainly, a large one depends on social, economic factors and even on the particular latitude in which migration occurs, so scientific sources from many places must be analysed. For example, the results of a US study indicate that illegal migrants do not increase violent crimes^[9]. According to another source, nineteen research reports examining the relationship between immigrants and crime were published in peer-reviewed journals between 2017 and 2024, analysing data up to 2020. All reached one of two conclusions: that the proportion of immigrants in an area appeared to have no effect on either the violent or property crime rates in that area; or that increased immigrant participation was actually associated with lower violent and property crime rates. In other words, when immigration increases, crime remains the same or decreases^[10].

However, as we mentioned, it is also worth taking into account the geographical factor, as the results of studies in the United States do not necessarily reflect the situation in Europe, although this issue still requires more research. It is also worth mentioning that, as part of our project, this issue was also studied in terms of criminal behaviour in Poland. The following picture emerges from the research results. Comparing the structure of offences of total suspects and foreign suspects, some similarities can be observed - the two most frequent groups of offences of both groups of suspects are offences against property and against safety in communication. At the same time, these are the groups of acts most frequently committed in Poland.  Foreigners, on the other hand, were in 2022 more frequently suspected of offences against public order than the total number of suspects in Poland^[11].

Conclusions

Migration-related crime poses a complex and multidimensional challenge to modern societies. Migrants are exposed to various forms of crime, such as human trafficking, forced labour, sexual violence and hate crimes. At the same time, migrants may also be perpetrators of crimes such as illegal border crossing, human smuggling or organised crime, although research indicates that rather the changes in crime patterns are qualitative and not necessarily quantitative. Migration is a natural process, but it is worth being aware that illegal ones may encourage criminals to change their behaviour, to adapt to the situation, so that other criminal behaviours accompanying illegal border crossing emerge.

^[1] Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted 15 November 2000 by General Assembly resolution 55/25.

^[2] United Nations Office on Drugs and Crime (2024). Global Report on Trafficking in Persons 2024. Vienna: United Nations, p. 36.

^[3] C029 - Forced Labour Convention, 1930.

^[4] Tan, S.E., Kuschminder, K. (2022). ‘Migrant Experiences of Sexual and Gender Based Violence: A Critical Interpretative Synthesis. Globalization and Health, 18:68, p. 1-15.

^[5] Goodey, J. (2009). ‘Immigrants as crime victims in the European Union: With special attention to hate crime’. Sociology of Crime, Law and Deviance, 13, p. 150.

^[6] Frontex (2024). Strategic Risk Analysis Report 2024. Warsaw: European Border and Coast Guard Agency, p. 43.

^[7] Sanchez, G. (2017). ‘Critical Perspectives on Clandestine Migration Facilitation: An Overview of Migrant Smuggling Research’, Journal on Migration and Human Security, 5(1), p. 18.

^[8] United Nations, What is transnational organized crime? [Online]. Available at: https://www.un.org/en/peace-and-security/transnational-crime (Accessed: 15 March 2025).

^[9] See: Light., M.T., Miller, T. (2017), ‘Does Undocumented Immigration Increase Violet Crime?’, Criminology, 56(2), p. 370-401.

^[10] American Immigration Council (2024). Debunking the Myth of Imigrants and Crime. Fact Sheet. Washington: American Immigration Council, p. 4.

^[11] Wielec, M. (2024). ‘Migration Crime Structure in Poland’, Central European Journal of Comparative Law, V, p. 382.