Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The deportation procedure will be accelerated and undocumented migrants residing illegally
in Spain will be punished more severely. Illegal entry will generally be sanctioned with a ban
of ten years of non-entry.
Forced Return
The legal basis for the powers of detention originate from Act 2/1986 on State Security Forces
and Bodies; Act 1/1992 on Protection of Citizen Security; Act 10/1995, the Penal Code; the
8/2000 Alien Act; the 2001 Implementation Rules; the 1994 Asylum Act; and the 1995 Implementation
Rules.
Spanish legislation distinguishes between three kinds of removal:
Rejection at the border with no order of expulsion – immediate removal at the latest within
72 hours;
Expulsion within the territory of Spain – foreigners in irregular circumstances to depart on
their own volition within 15 days of notification;
Deportation order – which includes a prohibition on re-entering a European Union Member
State territory for three, five or ten years – enforced as soon as possible.
Spanish law foresees that return of rejectees or persons without a valid residence permit has to
be executed within 72 hours of the order of expulsion. Once this time expires, a judicial decision
is required to detain the migrant.
Staying illegally in Spain can be sanctioned with a fine that varies from EUR 300 to EUR 6,000.
Once the asylum application is rejected, the person becomes an illegal resident, if he/she does
not obey the order to leave. An appeal does not suspend the order to leave, which must be
requested specifically and can be granted by a judge.
Detention
A foreigner may be maintained for 72 hours without judicial authorization. An application for
habeas corpus can be initiated if the detention is considered to be illegal. The maximum period,
with judicial authorization is 40 days. Detention is considered to be an exceptional measure and
only special accommodation centres, rather than prisons or other premises belonging to the
police, can be used for this purpose.
Only a judge can decide upon a detention order exceeding 72 hours. The control authorities must
inform the judge about the Centre in which the foreign national will be placed, to enable him/her
to carry out any appropriate judicial controls during the detention period. The judge can modify
the period of detention at any time, up to a maximum of 40 days.
Rejected asylum seekers are not detained at prisons with dedicated facilities, other prisons or in
any other facilities, but in special Removal Centres. Minor children are not housed at the
Removal Centres, but placed with the competent agencies of Minors Protection in a special
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