Greece is poised to enact a significant tightening of its framework on illegal immigrants, as a new draft law, presented yesterday to the cabinet by Minister of Immigration and Asylum Makis Voridis, is set to criminalize the illegal stay of third-country nationals.
The proposed legislation also expands the concept of a “safe third country” and entirely abolishes pathways to legalization for those who enter Greece irregularly.
Prime Minister Kyriakos Mitsotakis, addressing the cabinet, underscored the national and European priority of this crackdown on illegal entry and stay, particularly for individuals whose asylum applications have been rejected. He highlighted Greece’s “decisive role in redefining the European attitude towards immigration.”
The provisions of the bill about illegal immigrants
Under the provisions of the new bill, anyone apprehended in Greece without legal documentation will face a prison sentence of up to three years and a fine of up to €10,000 (more than $11,000). The maximum period of administrative detention, currently capped at eighteen months, will be extended to two years, with further extensions possible for national security reasons.
Importantly, there will be no possibility of converting or suspending the sentence unless the convicted individual agrees to voluntary departure from Greece.
A key component of the draft law is the expansion of the “safe third country” concept. This means that an asylum seeker whose application is rejected (even after a second appeal) can be returned to a country other than their country of origin.
A “safe third country” can now include a transit country through which the asylum seeker passed before reaching Greece, or even a “first country of asylum” where an international protection application was deemed inadmissible. This aligns with guidelines from a new European Commission regulation on returns, currently under draft.
Furthermore, the bill explicitly and categorically abolishes any provision allowing foreigners who have resided illegally in Greece for seven years to be legalized. This overturns a previous SYRIZA government initiative that aimed to provide regularization opportunities for long-term undocumented workers.
Deterrents for re-entry into Greece and enhanced surveillance
The proposed legislation also introduces criminal sanctions and substantial fines for foreigners who re-enter Greece after having been deported. Those caught returning illegally will face fines ranging from €10,000 to €30,000.
To further discourage illegal residency, the bill allows for entry bans of up to ten years (up from five) with a possible extension for another five years for individuals deemed a threat to national security or public health.
For those not entitled to international protection, the deadline for voluntary departure has significantly been shortened from 25 to 14 days, with exceptional extensions reduced from 120 to 60 days. During the period between a rejection decision and departure, the bill allows for the use of electronic surveillance measures, such as bracelets.
Sources within the Ministry of Immigration emphasize that the bill, titled “Reform of the framework and reform of procedures for the return of third-country nationals,” is designed to establish strong disincentives against illegal stays in Greece. It is expected to be put into immediate public consultation.
Greek authorities rescued over 500 immigrants off the coast of Crete and Gavdos last weekend, highlighting the ongoing pressure faced by Greece as one of the key entry points into Europe for migrants fleeing war, poverty, and political instability, primarily from Asia, Africa, and the Middle East.
Related: Greek Minister Says Undocumented Migrants Should Be Punished With Jail Time
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