Deportation of foreign nationals is a legal procedure that can affect many people in Spain. This process is initiated under certain conditions and has significant implications for both individuals and society as a whole. Below, we explore the key aspects of this topic.

Immigration – deportation of foreign nationals

The deportation of foreign nationals in Spain is primarily governed by the Organic Law on Immigration. This law establishes the procedures and circumstances under which a foreign national may be deported from the country. In general, the process is initiated when an individual commits an offence that jeopardises public safety or public order.

The Directorate-General of the Police is responsible for carrying out this process, which may be administrative or judicial. Deportation measures are applied to foreign nationals who pose a risk to society, while the rights of those concerned must also be respected throughout the process.

How deportation works when foreign nationals commit crimes

When a foreign national commits a crime in Spain, the deportation of foreign nationals can take place in two main ways: judicially or administratively. Judicial deportation follows a conviction and is applied under Article 89 of the Spanish Criminal Code. This means that a judge may decide to replace a prison sentence with deportation, even if the individual is legally resident.

Administrative deportation, on the other hand, is initiated in response to serious offences under the Organic Law on Immigration. There are two types of offences:

• Serious offences: for example, crimes such as drug trafficking or gender-based violence.
• Very serious offences: such as terrorism or human trafficking.

It is essential to follow the required procedures to ensure a fair process and always respect the fundamental rights of the foreign nationals concerned.

Key facts about the deportation of foreign nationals

Key aspects of the deportation of foreign nationals include various legal and procedural factors. First, the authorities must assess the circumstances of each case, taking into account the length of residence and the individual’s social integration in Spain.

Another important aspect is the right to due process. All foreign nationals have the right to be informed of the reasons for their deportation and to submit their representations. This includes the possibility of appealing the decision to the competent authorities.

In addition, the law sets out various criteria that may influence the decision to deport a foreign national:

• The seriousness of the crime committed.
• The individual’s family circumstances.
• The length of their residence in Spain.

These criteria ensure that a thorough and balanced assessment is carried out before decisions as drastic as expulsion are made.

Do foreign nationals have rights during expulsion proceedings?

Yes. Foreign nationals facing expulsion have a number of rights that must be respected. These rights are intended to protect the dignity and integrity of the individuals concerned.

Some of the most important rights include:

• Right to information: Foreign nationals have the right to be informed about the expulsion proceedings and the reasons for them.
• Right to a defence: They have the right to submit representations and appeal decisions made against them.
• Right to legal assistance: They may be assisted by a lawyer during the proceedings.

These rights are crucial to ensuring that expulsion proceedings are conducted fairly and in accordance with democratic principles.

Which offences can lead to the expulsion of foreign nationals from Spain?

Various offences can lead to the expulsion of foreign nationals from Spain, and the seriousness of each offence influences the decision. The most common offences that can result in expulsion include:

• Offences related to public security, such as terrorism.
• Serious violent offences, such as gender-based violence.
• Drug trafficking offences.
• Financial offences, such as money laundering.

It is important to note that not all offences automatically result in expulsion. Each case is assessed individually, taking into account the foreign national’s personal circumstances and situation in the country.

How can I find out whether an expulsion order has been issued against me?

To find out whether an expulsion order has been issued against them, a foreign national can take certain steps. First, they can contact the Directorate-General of the Police or the relevant Government Delegation. They can request information there about their legal status.

The person concerned is also advised to consult a lawyer specialising in Spanish immigration law. A lawyer can help them access the necessary information and understand the legal implications of a possible expulsion order.

How long does it take to deport someone from Spain?

The time taken for the expulsion of foreign nationals varies considerably depending on several factors. In general, once proceedings begin, they can take anywhere from a few days to several months, depending on the complexity of the case.

Factors that may affect how long the process takes include:

• The nature of the offence committed.
• The filing of legal appeals by the person concerned.
• The workload of the competent authorities.

It is important to understand that although the process may be quick in some cases, it can also be delayed if representations are submitted or more time is needed to gather information and documents.

Related questions about the expulsion of foreign nationals

When can a foreign national be expelled?

A foreign national may be expelled in various circumstances, mainly when they commit serious offences or breach immigration regulations. Spanish law allows expulsion when a person poses a risk to public security or has committed offences that justify this measure.

Expulsion may also be administrative or judicial, depending on the seriousness of the offence and the type of proceedings initiated. This means that not all expulsions are the same, and each case must be assessed in its specific context.

Who cannot be expelled from Spain?

Certain groups cannot be expelled from Spain under current regulations. This includes citizens of the European Union, who have special rights because of their status. People who have lived in the country for an extended period and have achieved a significant degree of social integration are also protected.

In general, the law protects foreign nationals who do not pose a threat to public safety or who have been in the country for a reasonable period and have established family or social ties.

What happens when someone is expelled?

When an expulsion is carried out, the foreign national is informed of the decision and given a deadline to leave the country. In most cases, they may be banned from entering Spain for a set period, which can range from five to ten years depending on the seriousness of the offence.

In addition, the expulsion process may involve the temporary detention of the individual while the necessary arrangements are made for their departure from the country. The process must be carried out in accordance with human rights and the regulations in force.

When does an expulsion order expire?

Expulsion orders are not valid indefinitely. The expiry of an expulsion order may vary depending on the circumstances of the case. In general, an order may expire if it is not enforced within a specified period or if the foreign national is in a situation that justifies their remaining in the country.

It is important for those affected to stay informed about their situation and consult a lawyer to understand their rights and the possibility of having the order revoked.