Authored By: Mandisa Nokuphiwa
University of South Africa
South Africa has been dealing with a problem of illegal immigration for years this is a a phenomenon that stirs strong emotions in communities already facing high unemployment, limited services and also daily hardships. Unlike those who arrive through official visa channels. These illegal immigrants enter or remain in the country without proper documentation and often overstay permits or crossing borders irregularly. This situation has now contributed to widespread frustration on members of the communities. The protests swept parts of the country in mid-2026 and was followed by government operations that processed more than 53,000 foreign nationals for return and brought these tensions into sharp focus.
[1]The central argument is that while irregular migration creates genuine pressures from job competition in informal sectors to added strain on public services and heightened social friction the country’s legal system anchored in the Immigration Act and its amendments, offers practical and necessary tools for managing the situation through detention, deportation and assisted returns. These mechanisms help restore order and public confidence when applied with care. The piece begins with an overview of the current legal rules, moves on to economic and social consequences analyses enforcement in practice through recent events and court decisions and ends with forward-looking suggestions.
[2]Furthermore at the heart of South Africa’s response to illegal immigration stands the Immigration Act 13 of 2002. This law clearly sets out who counts as an “illegal foreigner” essentially anyone in the country without a valid visa or permit. [3]Section 34 gives immigration officers the power to arrest and hold such individuals while deportation arrangements are made. [4]The Immigration Amendment Act 11 of 2025 tightens procedures to meet constitutional standards and detained people must now appear before a court within 48 hours where a judge will decide whether continued detention serves the interests of justice.
[5]The Refugees Act 130 of 1998 works alongside this protecting genuine asylum seekers under the principle of non-refoulement which further prevents sending people back to places where they face serious harm.
[6]Recent policy efforts including the National Labour Migration Policy White Paper and proposed changes to employment laws seek to limit illegal work by introducing quotas and better checks on employers. In practice enforcement involves coordinated actions by Home Affairs, police and other agencies. Biometric tools help verify identities and centres like Lindela handle longer-term cases. Voluntary returns are preferred when possible especially for people from neighbouring countries while formal deportation applies where rules have been broken. This setup tries to strike a balance between firm control and basic fairness.
[7]The economic picture around illegal immigration is complicated but leans toward real costs for ordinary South Africans. In many informal and low-skilled jobs like construction sites, street vending, domestic work or even small retail. Undocumented workers often accept lower pay and fewer protections. This can push local jobseekers aside in already tough markets where unemployment hovers above 30 percent. Business owners sometimes prefer cheaper labour, which undercuts those who follow the rules and pay taxes.
Public services also feel the weight. Even though illegal immigrants usually cannot access social grants they still use emergency healthcare, schools for their children and other community resources. This adds pressure on local governments that are often struggling to cope. The protests and unrest in 2026 brought another layer of damage businesses were looted or forced to close, tourism took a hit, and investors grew wary, with losses running into billions of rand.
That said it would be unfair to paint everyone with the same brush. Many people who arrive irregularly work hard start small businesses and spend money locally, which does circulate in the economy. Remittances sent home help families across the border, but from South Africa’s viewpoint, the overall balance tips negative when enforcement expenses, lost tax revenue, and missed opportunities for citizens are counted. Compared with carefully selected legal skilled migrants, irregular flows lack direction and tend to cluster where problems are already worst. Stronger workplace checks and border controls could help shift more activity into legal channels that benefit everyone.
[8]On a human level illegal immigration has deepened divisions in a society still healing. from its past. In crowded townships and informal settlements competition for housing, clinic space and school places creates resentment. Many locals feel that newcomers are jumping the queue for services that are already scarce. This frustration has sometimes boiled over into violence, lootingand attacks on foreign-owned shops, damaging community trust and making daily life harder for everyone.
Concerns about crime add fuel to the fire. While the vast majority of illegal immigrants are simply looking for a better life some high-profile cases involving organised crime or repeat offenders have heightened fears. Without legal status many struggle to integrate fully they stay in the shadows and find it hard to open bank accounts or access training and end up in survival economies that can create friction with neighbours. Children caught in these situations face uncertainty, though courts have stepped in at times to stop families from being left completely without shelter during evictions.
[9]At the same time it is important to remember that people move for understandable reasons escaping hardship seeking work or joining family. The real difficulty lies in the unmanaged scale and the way it undermines faith in the system. When rules are not seen to be applied evenly, social cohesion suffers. Distinguishing clearly between those with valid refugee claims and those here purely for economic reasons is crucial for keeping humanitarian principles alive while addressing citizens’ legitimate worries.
South African law gives authorities concrete ways to respond when immigration rules are broken. Detention under Section 34 allows time to verify status and arrange returns, but recent changes require quick court involvement to avoid unfair lock-ups. In the first half of 2026, this system was tested on a large scale. Government teams processed tens of thousands of people for return — many Malawians, Zimbabweans, and Mozambicans — using biometric checks and temporary centres near borders. Where home countries could not immediately help with transport, South Africa stepped in to make returns orderly.
Courts have played an important watchdog role. In a major 2026 Constitutional Court decision involving the Scalabrini Centre judges ruled that asylum seekers cannot be sent away just for missing paperwork like transit visas. Every claim deserves a proper hearing to prevent returning people to danger. Other judgments have insisted on 48-hour reviews for detainees and have approved deportation after criminal sentences are served as seen in cases with repeat offenders from Tanzania and elsewhere. Bans on re-entry for several years add teeth to the system.
Of course problems remain. Holding facilities can get overcrowded backlogs build up and also sometimes frustrated locals take matters into their own hands leading futher to to separate criminal cases. Still the framework has shown it can handle big operations while trying to respect basic rights. Voluntary returns when chosen freely, offer a more humane path than forced removals. Overall, the law provides South Africa with workable tools to bring people back to their home countries when staying illegally is no longer tenable.
[10]Looking beyond South Africa’s borders many countries face similar pressures and respond with tighter controls alongside fair processes. South Africa could learn from effective digital tracking systems, stronger employer penalties, and partnerships that help origin countries manage returns. Practical next steps include speeding up biometric and electronic visa systems opening more specialised immigration courts, running better public education campaigns that explain the difference between legal and illegal migration, and investing in job creation so citizens feel less threatened. Bilateral deals with neighbours for smoother readmissions and joint development projects could tackle causes rather than just symptoms. Regular reviews of what works on the ground would keep policies sharp and responsive.
[11]Illegal immigration brings tangible difficulties to South Africa — tougher competition for work, extra demands on services, and painful social rifts that have led to unrest. Yet the legal system, updated over time and guided by the courts, gives the country real capacity to respond through detention, deportation, and assisted returns, as the 2026 operations demonstrated. With continued improvements in resources, fairness, and prevention, South Africa can better protect its citizens’ opportunities while treating people with dignity. Getting this balance right is not just about rules on paper — it is about building a society where opportunity feels fair and the law commands respect. Thoughtful enforcement paired with smarter legal migration options offers the best path forward for lasting stability and shared progress.
The persistence of illegal immigration in South Africa raises important questions about the long-term sustainability of current approaches. Over time the repeated cycles of protest, enforcement drives, and partial returns risk normalising a pattern of reactive rather than proactive governance. [12]Economically the continued presence of a large undocumented population can discourage formal investment in sectors that rely heavily on low-skilled labour as employers weigh the risks of raids and fines against short-term gains. This dynamic may slow industrialisation efforts and keep many South Africans trapped in precarious informal work. From a human development perspective children born to illegal immigrants or brought into the country at a young age often grow up in legal limbo facing barriers to education, healthcare and future employment that perpetuate cycles of poverty and marginalisation across generations.
[13]Socially the issue intersects with broader questions of national identity and belonging in a young democracy still navigating its post-apartheid transformation. When segments of the population feel that borders are porous while their own access to opportunity remains limited, trust in state institutions erodes. This can fuel populist politics and make consensus on other urgent reforms such as education, land policy or energy harder to achieve. At the regional level large-scale returns place strain on neighbouring economies that are often even less equipped to absorb returning citizens, potentially creating new migration pressures or diplomatic frictions if not managed collaboratively.
[14]To address these deeper dimensions, policymakers should consider a multi-pronged strategy that goes beyond enforcement. Expanding legal pathways for seasonal or temporary labour in sectors with proven shortages could reduce irregular entries while meeting genuine economic needs. Investing in technology for real-time border monitoring and visa compliance would make the system more efficient and less prone to abuse. At the same time, targeted integration support for those whose claims are approved including language classes, skills recognition, and community mediation programmes could ease social tensions. Bilateral and multilateral agreements within SADC and the African Union offer opportunities for shared responsibility, such as joint training for border officials or development projects that tackle root causes like conflict and underdevelopment in origin countries.
[15]Ultimately, success will depend on political will to treat illegal immigration as a manageable governance challenge rather than an existential threat or convenient scapegoat. By combining stricter enforcement with expanded legal opportunities and regional cooperation, South Africa can reduce the harms associated with irregular migration while harnessing the potential contributions of orderly mobility. This balanced path not only protects South African citizens but also positions the country as a responsible regional leader committed to humane and effective migration management in an interconnected Africa. Continued research, transparent data sharing, and inclusive public dialogue will be essential to refine these efforts and build lasting consensus.
Refrence(S):
Cases
Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others [2026] ZACC 30.
Minister of Home Affairs v Tsebe 2012 (5) SA 467 (CC).
Legislation
Immigration Act 13 of 2002 (as amended by the Immigration Amendment Act 11 of 2025).
Refugees Act 130 of 1998.
Employment Services Amendment Bill [B16-2026].
Secondary Sources
Inter-Ministerial Committee on Migration, Media Briefing on Migration Management Operations (12 July 2026).
Organisation for Economic Co-operation and Development and International Labour Organization, How Immigrants Contribute to South Africa’s Economy (OECD/ILO 2018).
Department of Home Affairs, White Paper on the National Labour Migration Policy (2025).
Chris Hattingh and others, various analyses on economic impacts of migration (Centre for Risk Analysis, 2026).
‘South Africa Processes 53,449 Foreign Nationals for Deportation and Repatriation’ IOL (12 July 2026).
‘ConCourt Stops Mass Deportation of Asylum Seekers in Landmark Ruling’ 2oceansvibe (8 July 2026).
’80,000 Jobs Vanish as Experts Reject Migrant Blame’ SA Jewish Report (2026).
Websites and Reports
‘Anti-Illegal Immigration Protests Could Cost South Africa Billions’ EWN (2026) https://www.ewn.co.za/anti-illegal-immigration-protests-could-cost-south-africa-billions-says-migration-expert/ accessed 20 July 2026.
‘How Many Foreigners Are in South Africa?’ The Common Sense (7 July 2026) https://www.thecommonsense.co.za/politics/how-many-foreigners-are-south-africa accessed 20 July 2026.
‘South Africa’s New Immigration Plan: What’s Really Changing’ Brand South Africa (2026) https://www.brandsouthafrica.com/stay-updated/local-news/south-africas-new-immigration-plan-whats-really-changing/ accessed 20 July 2026.
[1] Immigration Act 13 of 2002
[2] Immigration Act 13 of 2002
[3] Section 34 of the South Africa immigration Act 13 of 2002
[4] Immigration amendment Act 11 of 2025
[5] Refugees Act 130 of 1998
[6] Department of Employment and Labour. (2025). White Paper on National Labour Migration Policy for South Africa (Government Gazette No. 52747, Notice No. 3234). South African Government. www.gov.za.
[7] Paula Slier, ‘“Significant Economic Setback”: Xenophobic Unrest Reignites Fears Over South Africa’s Investment Climate’ Forbes Africa (2 July 2026) forbesafrica.com accessed 20 July 2026.
[8] Human Research Council (HSRC) ,7 /07/206 ,
[9] South African human rights Commission( 2026)
[10] Border Management Authority (BMA) Act 2 of 2020
[11] White Paper on Citizenship, Immigration and Refugee Protection (2024):
[12] Children’s Education and Rights:Machaka, B. J. (2025). Recent Legal Developments: Reconceptualising Undocumented Children’s Access to Basic Education in South Africa. Potchefstroom Electronic Law Journal (PER / PELJ), 28, 1-25.
[13] Satgar, V. (2026). Mapping the ideological language of authoritarian populism in post-apartheid South Africa. Globalizations, 23(3), 112–134.
[14] Labor Mobility Harmonization:Southern African Development Community. (2026). SADC strengthens regional collaboration to address employment and labour market challenges. SADC Secretariat.
[15] Department of Home Affairs. (2026). Cabinet-Approved Final Revised White Paper on Citizenship, Immigration and Refugee Protection. Government Gazette.
