Spain's Prosecutor Points Out Repatriation Difficulties
The General Prosecutor of Spain has raised significant concerns regarding the challenges faced in the repatriation of irregular immigrants, specifically to Morocco. The situation has escalated to the point where law enforcement agencies have stopped requesting authorization to detain these individuals, which is a necessary step before expulsion. This reality starkly contrasts with the government’s assertions following a significant influx of migrants in Ceuta, where officials claimed that none of the approximately 80,000 Moroccans who entered illegally would remain on Spanish soil. Currently, the government estimates that about 5,000 immigrants are still in the area, whereas local authorities suggest the number is closer to 9,000.
Interior Minister Fernando Grande-Marlaska reiterated that no person who entered Ceuta irregularly would be allowed to remain, stating emphatically that none would be granted residency or allowed to move to the mainland. However, the findings in the Prosecutor's 2025 report illustrate a different picture, showcasing the systemic difficulties in executing repatriation orders for immigrants who are in Spain without proper documentation.
Legal and Procedural Barriers to Expulsion
The report highlights that the Centers for Internment of Foreigners (CIE) play a crucial role in the expulsion process, functioning as public non-penitentiary establishments where irregular immigrants are held until their expulsion proceedings are finalized. Despite this, the Prosecutor has issued guidance discouraging the internment of immigrants with pending expulsion orders, leading to a legal quagmire where some judges view this stance as a potential circumvention of the law. In many instances, the Prosecutor has sided with immigrant advocates in opposing internment, emphasizing the ongoing struggles to repatriate Algerian and Moroccan citizens, compounded by a lack of cooperation from consular authorities in providing necessary documentation.
Additionally, the Prosecutor's report indicates that delays and challenges in executing expulsions are pervasive, particularly for individuals under investigation or those with existing convictions. Factors contributing to these issues include overcrowded courts, difficulties in locating individuals, and procedural gaps where expulsion isn’t included in sentencing but rather addressed during execution phases. The report specifically points to the challenges faced by the Immigration and Document Fraud Unit of the National Police, which has cited the inability to carry out expulsion orders for individuals sentenced to more than five years in prison, as the law allows for expulsion in lieu of serving a sentence under certain conditions.
As reported by okdiario.com.
