Athens, Greece – Greece has recently enacted what it claims to be the European Union’s most stringent policy on deporting refugees, a move that has sparked significant backlash from human rights organizations and a United Nations agency.
This legislation was first applied on September 12, resulting in the conviction of three Turkish nationals for illegal residency. Two of the men received two-year prison terms accompanied by fines of 5,000 euros ($5,870), while the youngest, a 19-year-old, was sentenced to 10 months behind bars.
In the coming months, Athens intends to implement this law despite anticipated legal disputes. Humanitarian advocates argue that the policy unjustly targets minors and unfairly labels refugees and migrants as criminals.
Greek Minister for Migration and Asylum, Thanos Plevris, asserted in Parliament on September 2 that this legislation represents “the toughest return policy within the entire EU,” noting considerable interest from other European nations, particularly EU members, in adopting similar measures to compel the return of undocumented migrants.
Critics preparing to contest the law highlight that it exceeds the scope of the European Commission’s proposed Returns Regulation, which aims to be mandatory for all member states by June 2026.
The new statute tightens deadlines and intensifies penalties for unauthorized stay. For instance, asylum seekers whose applications are denied must wear electronic ankle monitors and have only a fortnight to leave voluntarily. Failure to comply results in fines of 5,000 euros and imprisonment ranging from two to five years in detention centers, as seen in the recent Turkish cases.
Alarmingly, children-who constitute over 20% of arrivals this year-are not exempt from these harsh measures. Appeals must be filed within a mere four days.
Federica Toscano of Save the Children condemned the policy, stating, “Detaining children is unlawful. This law contradicts the [UN] Convention on the Rights of the Child and is open to legal challenge.”
The Greek Ombudsman, an independent watchdog overseeing public services, also criticized the reduction of the maximum grace period from 120 to 60 days, which previously allowed children to finish their academic year.
The Ombudsman further argued that the law perpetuates the stereotype that all undocumented individuals are criminals. The use of ankle monitors, absent from the draft Returns Regulation, “reinforces the perception of migrants as offenders, equating their treatment with that of accused or convicted criminals.”
The UN High Commissioner for Refugees (UNHCR) emphasized that “refugees must have unhindered access to international protection without being penalized for breaching migration rules.” According to the Geneva Convention, “seeking asylum is a fundamental human right, not a criminal act.”
On average, the EU grants asylum to approximately 45% of applicants. However, 90% of those rejected remain within European borders due to ineffective return mechanisms, according to EU officials.
“Without an effective returns framework, migration policy lacks substance,” stated former Greek Migration Minister Makis Voridis during a May 15 presentation to Parliament’s European Affairs Committee.
The law elevates unauthorized entry to a felony, increasing detention periods for undocumented arrivals from 18 months to two years. Additionally, the previous provision allowing legalization after seven years of undocumented residence has been eliminated.
Greece’s Challenge
Minister Plevris defends the toughened legislation by highlighting Greece’s role as a guardian of the EU’s external borders.
“Securing borders is simpler when migrants must cross multiple countries to reach you. Compare our situation to other frontline EU states,” he remarked.
Since 2015, Greece has been the entry point for 46% of over 2.8 million undocumented migrants arriving in Europe, per UNHCR data.
While many move onward to other EU countries, EU regulations require that rejected asylum seekers or those losing protected status be returned to their initial EU country of arrival for deportation.
Greek authorities acknowledge that prolonged detention of up to five years is unlikely; rather, the stringent rules aim to encourage voluntary departure following conviction, given the legal complexities of forced removals.
The law also seeks to discourage what Greece terms “economic migrants” who travel to Europe despite the presence of Geneva Convention signatories closer to their home countries.
Hope Barker from the Global Strategic Communications Council, an NGO focused on environmental and migration issues, noted, “Establishing such a comprehensive system is costly and involves numerous private entities, making it a challenging endeavor.”
The Union of Administrative Judges in Greece criticized the law for failing to clearly define “flight risk,” leaving detention decisions to police discretion. They called for a detailed, not merely indicative, list of criteria.
The Council of Bar Associations of Greece also voiced concerns over shortened appeal periods and the criminalization of undocumented entry, emphasizing that “threats to life and safety far outweigh any legal breaches caused by illegal entry.”
A Testing Ground for EU Policy?
These institutions repeatedly highlight that the new law contravenes the existing EU Returns Regulation from 2008. However, migration policy experts suggest the European Commission is intentionally permitting Greece to push legal boundaries.
Amnesty International’s Olivia Sundberg told Al Jazeera, “Greece has often served as a pilot site for EU policies, especially on its islands, such as the establishment of Closed Controlled Access Centres for asylum seekers.”
“Frequently, Greece experiments with measures that, if successful, are later incorporated into EU directives,” she added.
The EU is actively exploring innovative approaches to enforce returns.
Barker explained, “There is a strong push for ‘innovative solutions,’ including return hubs in third countries and encouraging voluntary returns.”
Italy has trialed return hubs through an agreement with Albania, though Italian courts have ordered some asylum seekers sent there to be brought back.
Greece’s legislation broadens the scope by suggesting that returnees seek asylum in any safe country near their homeland.
The Greek Ombudsman criticized this approach, stating that transferring responsibility to a country unrelated to the returnee’s journey or origin transforms the process from a “return” into a “displacement.”
Some analysts warn that Europe risks undermining its own human rights commitments.
“Migration is increasingly treated as a matter of legal enforcement rather than the application of law,” Sundberg observed.
Others point out Europe’s demographic challenges, with an aging population in need of migrant workers to sustain economic and social systems.
Lefteris Papayiannakis, head of the Greek Council for Refugees, questioned, “How can we foster a welcoming environment for the labor force we require when adopting such restrictive policies? If we fail to attract migrants, what alternatives remain?”
He also described the measures as a sign of desperation.
“These policies convey a sense of losing control. Yet, when compared to the migration flows of 2015 or the Ukrainian influx in 2022, the current numbers are significantly lower,” Papayiannakis remarked.
“How can one justify alarm over a relatively small migrant population when the need for workers is so pressing?”
