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Old 09-02-10, 01:26   #1 (permalink)
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Default Please read: confidential circular instructs police to expel foreigners without correct paperwork

OK, this is not intended to be alarmist, and it's not a case for worry, but it's something we should all be aware of.

Europa Press has come into possession of a confidential internal circular from the "Dirección General de Policía y Guardia Civil" which is "for the view of immigration and frontier units of the National Police only". The circular orders that in a documentation check, any foreigners who cannot demonstrate that they reside in Spain legally are taken to a police station, and that expulsion procedures are initiated as quickly as possible.

The circular, signed 25 January by the Comisario General de Extranjería y Fronteras, Juan Enrique Taborda, is said to be highly confidential, and each of its 29 pages carries the following words: "Documento de uso restringido para unidades de Extranjería y Fronteras del Cuerpo Nacional de Policía. Prohibida su reproducción, difusión o publicación o utilización por personal ajeno a estas unidades". (Document of restricted use for immigration and frontier units of the National Police. Its reproduction, reporting, publication or use by personnel other than of these units is prohibited).

I think it's OK to post this because it's already in the Spanish press, and as I said, it's been disseminated by Europa Press. It's being reported as an attempt to follow up pretty controversial legal aims of dealing with illegal immigration, particularly measures contained in a new immigration law which was passed in December.

Where it could touch on us, however, is the reference in the text to another earlier law, that of the Protection of Citizen Security, passed in 1992, and according to which all foreigners in Spain are "required to prove that they are here legally". According to the circular, this law allows police to take foreigners into custody if they cannot do this. They can be held for up to 72 hours while police checks are carried out. Expulsion procedures can be initiated during this time.

The circular has been sent to all Comisiarías in Spain, which means the Las Amèricas one has had one too. I very much doubt that any European would be subject to this, and it is very very clearly aimed as "los sin papeles", which is how the illegal and usually African immigrants are known, but in some cases, particularly if embroiled in any trouble, it's not completely inconceivable that any one of us could be held until we could prove we had legal paperwork here. And of course, we don't want to be in the situation of being unable to so prove it.

If anyone was thinking that they didn't have to think about getting a Certificado de Registro, I really would recommend thinking again.

Given the nature and status of the circular, and to protect the forum, this is a report taken from Canarias7, Canarias24Horas, and Europa Press itself.
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Old 09-02-10, 02:05   #2 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

"Interesting" development

how does this play with the Goverment saying that even illegal resident,
should be allowed to register in the municipal where they "illigal reside"

but to expell an EC citizen resident here who does not have the certificado,
they would first have to prove they were not here on Vacation or
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Old 09-02-10, 02:07   #3 (permalink)
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

Yes, indeed! There could be a case, though, where someone was registered with the tax authorities, maybe even for no more than importing personal belongings when moving here ...
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Old 09-02-10, 02:31   #4 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

There is already an interesting comment on this here

Abogacía Española critica que la Policía interpreta la Ley de Extranjería "sin tener potestad". europapress.es
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Old 09-02-10, 02:36   #5 (permalink)
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

Yes, I saw that! Police accused by the Spanish Law Council of "over-interpreting" their powers.

Never!
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Old 09-02-10, 09:02   #6 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

Quote:
Originally Posted by Janet View Post
OK, this is not intended to be alarmist, and it's not a case for worry, but it's something we should all be aware of.

Europa Press has come into possession of a confidential internal circular from the "Dirección General de Policía y Guardia Civil" which is "for the view of immigration and frontier units of the National Police only". The circular orders that in a documentation check, any foreigners who cannot demonstrate that they reside in Spain legally are taken to a police station, and that expulsion procedures are initiated as quickly as possible.

The circular, signed 25 January by the Comisario General de Extranjería y Fronteras, Juan Enrique Taborda, is said to be highly confidential, and each of its 29 pages carries the following words: "Documento de uso restringido para unidades de Extranjería y Fronteras del Cuerpo Nacional de Policía. Prohibida su reproducción, difusión o publicación o utilización por personal ajeno a estas unidades". (Document of restricted use for immigration and frontier units of the National Police. Its reproduction, reporting, publication or use by personnel other than of these units is prohibited).

I think it's OK to post this because it's already in the Spanish press, and as I said, it's been disseminated by Europa Press. It's being reported as an attempt to follow up pretty controversial legal aims of dealing with illegal immigration, particularly measures contained in a new immigration law which was passed in December.

Where it could touch on us, however, is the reference in the text to another earlier law, that of the Protection of Citizen Security, passed in 1992, and according to which all foreigners in Spain are "required to prove that they are here legally". According to the circular, this law allows police to take foreigners into custody if they cannot do this. They can be held for up to 72 hours while police checks are carried out. Expulsion procedures can be initiated during this time.

The circular has been sent to all Comisiarías in Spain, which means the Las Amèricas one has had one too. I very much doubt that any European would be subject to this, and it is very very clearly aimed as "los sin papeles", which is how the illegal and usually African immigrants are known, but in some cases, particularly if embroiled in any trouble, it's not completely inconceivable that any one of us could be held until we could prove we had legal paperwork here. And of course, we don't want to be in the situation of being unable to so prove it.

If anyone was thinking that they didn't have to think about getting a Certificado de Registro, I really would recommend thinking again.

Given the nature and status of the circular, and to protect the forum, this is a report taken from Canarias7, Canarias24Horas, and Europa Press itself.
The meaning of Extranjero all though quite correctly translated as foreigner would not here I suspect include "Comunitarios" At worst you would be required to collect the "Green certificate" within so many days.

After all Eurpeans are legally able to "transact all procedures and applications" using their passport.

The more frightening scenario IMHO is the the clamp down on fiscal residency.

I am seeing more and more people coming a cropper of the fact that they assumed their old residence card meant they were resident in all senses of the word and of course from 2007 it didn't any more.
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Old 09-02-10, 11:53   #7 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

Looking at the Spanish news and magazine programs over the last couple of years. I think this 'Advice' to the police is not intended for Europeans (although as has been pointed out it could be) It's for the growing problem in the inner cities of the peninsular with 'Mafias' consisting of Latin American, Moroccan and Russian youths. Almost every week I hear of another story of the 'Guadia Civil' busting yet another one of these gangs. It is a real problem. They are into everything. And unlike the African immigrants these criminals can be kicked out of the country.
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Old 09-02-10, 12:38   #8 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

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Originally Posted by pelinor View Post
They are into everything. And unlike the African immigrants these criminals can be kicked out of the country.
What is the difference in status between these and Africans?
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Old 09-02-10, 13:28   #9 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

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What is the difference in status between these and Africans?
I think it is hard to prove origin of a lot of African "immigrant" (excluding the North Africans)
whereas with the Russians, Serbian etc might be more easy.

A french speaking African, can come from a number of countries , which would allow him to seek asylum.
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Old 09-02-10, 15:13   #10 (permalink)
 
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Default Re: Please read: confidential circular instructs police to expel foreigners without correct paperwork

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Originally Posted by Periklês View Post
What is the difference in status between these and Africans?
As Nico says I think the African immigrants i.e. The boat people are very difficult to repatriate, and I am sure there are UN or EU laws that prevent the enforced repatriation of these people.

However this advice, I think is for the Cuban who jumps on an aircraft for a 'holiday' in Spain and never goes back.
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