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CRIME

Spain struggles to deport foreigners as countries shun their own criminals 

New data reveals that deportations of foreigners increased considerably in 2023, but Spanish authorities cannot carry out many of these expulsions due to the reluctance of some countries to accept their home-grown criminals. 

Spain struggles to deport foreigners as countries shun their own criminals 
According to Spain’s Prosecutor's Office, there have been problems repatriating certain nationalities due to a lack of cooperation on the part of some foreign authorities.(Photo by MARTIN BERNETTI / AFP)

According to Spanish law, the expulsion of foreigners from the country may be considered for offences that they class as serious or very serious.

Some of these offences are not as ‘serious’ as many people would think: overstaying your visa, working without a work permit or forging your town hall padrón certificate.

READ MORE: What can get foreigners deported from Spain

So when it comes to foreigners who commit undisputedly more serious crimes, Spanish authorities tend to favour the deportation of the foreign offender.

According to a newly released annual report by Spain’s Attorney General’s Office, deportation proceedings went up by 42 percent in 2023, with a total of 6,729 expulsion cases at different levels of the process.

The Public Prosecutor’s Office stressed that “in almost all cases the people expelled had criminal records, which showcases that deportations involve people who have exhibited criminal and antisocial behaviour.”

In total, 748 foreign nationals were actually deported from Spain in 2023, 596 with prison sentences of up to five years and 152 serving prison terms longer than five years.

Albanians represented the biggest group of deported foreigners (132), even though they are not among Spain’s biggest foreign population groups, a fact that police sources put down to the fact that many of those expelled belong to Albanian mafia groups.

READ ALSO: Can I move to Spain if I have a criminal record?

Colombian nationals (120) and Moroccan nationals (78) were the second and third most deported foreign nationals.

The nationalities of other expelled foreigners include Brazil (46), Georgia (43), Peru (34), China (25), Dominican Republic (22), Romania (16), Chile (17), Lithuania (16), Paraguay (15), Senegal (14), Serbia-Montenegro (11), France (8), Italy (6) and Argentina (6).

According to Spain’s Prosecutor’s Office, there have been problems repatriating certain nationalities due to a lack of cooperation on the part of some foreign authorities.

Most notable of all are Algeria and Morocco, as diplomatic spats are used as an excuse to not accept their own delinquents. In the case of Algerian citizens, repatriations are currently completely paralysed.

“These countries do not recognise their citizens and do everything possible to prevent them from being returned,” Spanish police sources were quoted as saying in online daily 20minutos.

There’s also the fact that many undocumented immigrants “try to create as many problems as possible to be identified, tearing up their passports or claiming to come from countries which have no deportation agreements with Spain.”

To make matters worse, “contradictory judicial sentences in different regional Public Prosecutor’s Offices” are also preventing more deportations from happening, as is the ongoing judicial bottleneck affecting Spain.

There have even been cases of pilots refusing to fly the aircraft if a particularly violent or dangerous criminal is to be deported, such as the case last July of an Air Arabia pilot who claimed he would not take a Sahrawi activist from Bilbao to Morocco due to “security reasons”.

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CRIME

Spain investigates letters ordering companies to not hire foreigners

For five years, numerous companies in Spain's northern Navarre region have been receiving e-mails urging them to not hire foreign workers and threatening them with boycotts if not, correspondence that's now being investigated as a hate crime.

Spain investigates letters ordering companies to not hire foreigners

The email address  from which they were sent was always the same, the wording very similar. As far as authorities know, they continued for at least five years between 2017 and 2023.

A court in Pamplona has now taken the matter on and is investigating these e-mails as a possible hate crime.

Some of these e-mails were sent to the director of a residence in Estella/Lizarra in 2020. He received up to 10 of these from the same sender urging him to “nationalise his workforce”.

He publicly denounced the e-mail and released it. The text read: “In the face of possible economic reactivation after the current pandemic, we encourage you to nationalise your workforce; that is, to replace immigrants (including those who are naturalised) with nationals or, if you were to increase the workforce, to hire only nationals. Internally or externally (clients, neighbours, suppliers, etc.) we already know which companies have too many foreigners, and with that information, lists of companies have been made according to sectors so that people know who they employ with their money. Contracting is free, but so is consumption. This is politically incorrect, but not at all illegal. It is simply necessary”.

Many other companies received similar emails around the same time.

In the summer of 2023 the case reached the Racism and Xenophobia Assistance Service (SARX), which decided to carry out an investigation and finally passed it on to the Prosecutor’s Office.

Now, the first Investigative Court of Pamplona is investigating the size and scale of this situation to see how many companies the letters have actually reached.

Johanna Flores, lawyer and coordinator of the Racism and Xenophobia Assistance Service, has emphasised the importance of these e-mails being investigated as a possible crime: “It is very positive because when there is a person who wants to systematically send emails of this kind, they will think twice, since they know that it could have a criminal nature”.

Almost half of all new workers in Navarra in the last year are foreigners, according to 2024 social security figures.

Spain’s National Security Council warned the government about a rise in xenophobia and racist hate crimes back in 2019. There have also been numerous counts of racial discrimination towards prospective tenants and home-buyers. 

In 2023 Real Madrid star Vinicius was racially abused in Spain’s top flight football league. Writing on Instagram, Vinicius said Spain was viewed as “a country of racists” in his homeland.

READ ALSO: The racism problem that has blighted Spanish football

This type of racial abuse is not new in Spanish football.. In 2004, thousands of Spanish fans shouted racial insults at black players during an England-Spain match at the Santiago Bernabéu stadium in Madrid. This prompted outrage in the UK and threatened to escalate into a diplomatic row, with both prime ministers at the time – Tony Blair and José Luis Rodríguez Zapatero – condemning the actions.

Alba García Martín, a member of the anti-racism NGO SOS Racismo has explained: “The immigration law is racist to its core. It does not allow you to regularise your migration status for three years, it pushes immigrants to employment off-the-books and does not provide you any kind of rights as a citizen. All the other racial issues derive from this law. There is no anti-racist legislation, for example, for crimes related to racism. There are no anti-racist laws,” she adds. 

READ MORE: Spain to debate blanket legalisation of its 500,000 undocumented migrants

It’s hoped that if these e-mails are found to be a hate crime, it will set a precedent and stop others from considering these types of attacks in the future.

READ ALSO: ‘Homologación’ – How Spain is ruining the careers of thousands of qualified foreigners

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