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SPAIN
centre for refugee minors in Madrid. However, after a favourable report from the Public Prosecutor,
the judge can authorize the children to stay with their parents if the Detention Centre
provides special facilities for families.
Expulsion and Deportation
The legal bases for removal are the Aliens Act 2000; the Implementation Rules 2001; the Asylum
Act 1994 and the Implementation Rules 1995. Furthermore, in the context of its policy of
combating crime, the government has directly linked its penal reforms with control of immigration,
and started to introduce a reform of the Penal Code in 2003.
A number of changes have been introduced:
Misdemeanour is punishable with a sentence of up to ten years (previous legislation foresaw
three years);
Trafficking in minors is an aggravating circumstance;
Undocumented immigrants sentenced to less than six years of prison can be expelled from
Spain with no right to return for ten years;
Female genital mutilation is considered a crime;
In cases of divorce and marriage, Spanish law will be applied to immigrants who cannot do so
in their country of origin.
This means:
Expulsion is ordered for undocumented aliens sentenced for offences punishable by imprisonment,
except in exceptional cases (previously: expulsion could be substituted for terms of
imprisonment of less than six years, in case of imprisonment exceeding six years: expulsion
may be ordered after three quarters of the sentence has been served);
Expulsion is ordered for undocumented foreigners convicted of offences punishable by
expulsion (previously: expulsion may be ordered);
Ten years’ prohibition on return to Spain (previously: three to ten years);
Up to 12 years’ imprisonment for female genital mutilation (previously not considered a crime);
Four to eight years’ imprisonment for trafficking and clandestine immigration (previously: six
months to three years);
Five to ten years imprisonment for trafficking for the purpose of exploitation of trafficked
person (previously: two to four years).
Suspension of Removal
Removal is suspended in cases where aliens apply for asylum or for vulnerable persons (pregnant
women, elderly, sick persons, etc.) The same applies for foreigners collaborating in investigations
concerning trafficking and illegal immigration or other matters of public interest. Forced
removal is also suspended for asylum seekers who are rejected but cannot be repatriated due to
an unsafe situation in their countries of origin.