May 28th 2015

The Immigration Subcommittee prepares a protocol of action in the face of “express expulsions”

The Immigration Subcommittee of the Consejo General of the Legal Profession has drawn up a Action protocol in the so-called express expulsions that collects a series of minimum actions that the lawyer of Duty of Immigration Duty must carry out when assisting a foreign person for his repatriation.

The Subcommittee has drawn up this protocol in response to the verification of the increase in the so-called express expulsions carried out by the police during the 72 hours that a person can be detained and that "in many cases it can lead to a reduction in legal guarantees" and violate fundamental rights of the affected, including the right to defense, privacy or family.

The increase in this type of expulsions - sometimes carried out through deceit - has recently been denounced by the Jesuit Migrant Service (SJM) in its report CIE and express expulsions.

This modality, which is executed directly from the cells of the police station, that is, without the immigrant being admitted to a detention center and without legal assistance in most of the territory, is not a new phenomenon, but it is already the majority. In 2013, the first and only year for which official figures are known, the police carried out the expulsion of 6.462 people, while 4.726 were expelled from the CIE, as revealed by the Government in a written parliamentary response to Amaiur.

In this way, it is easy for a person to be expelled due to an order issued several years ago, even though their circumstances have changed. This issue only affects foreigners from countries outside the European Union since the regulations for community citizens are more guaranteeing: if an expulsion order has not been executed in two years, the conditions of the person will have to be re-evaluated before try to deport him.

According to the Immigration Subcommittee, the role of lawyers is not to oppose or hinder in any case or without reason the return of foreigners, but to ensure that the actions of the administration are adjusted to the legal system and that the human rights of all people are respected.