Quicker, simpler expulsion of criminal aliens

At the proposal of State Secretary for Asylum and Migration Theo Francken, a new package of measures has been accepted that will make the repatriation of criminal aliens quicker and easier. “The new measures also make our repatriation policy more flexible, lasting, clear and complete,” the State Secretary explains. “With this important reform we are finally getting rid of the restrictive measures that were introduced at the impetus of the PS in 2005.”

Since 2005, some criminal aliens who reside legally in the country have had immunity against repatriation, because of so-called ties with Belgium. Anyone who was born in Belgium or who came here before his or her 12th birthday was considered to have such ties. “As a result of that rule, I was not able to expel some foreign rapists, murderers and even terrorists from the country. The best-known example without a doubt is Salah Abdeslam, born in Belgium but of French nationality. That immunity is now at last being withdrawn,” says Theo Francken. “And not a day too soon.”

Deportation procedure simplified

Also, several different categories of aliens could only lose their right of residence in case of a “serious assault” on national security or public order. That immunity is disappearing now as well to a large extent. From now on, it’s enough for there to be reasons of public order or national security for a limited or unlimited right of residence to be withdrawn. A criminal prosecution is therefore not always necessary. “Only those aliens who have a longer-term residence status or who have been residing legally in the country for over 10 years will from now on enjoy an additional protection, which incidentally has been greatly softened,” Theo Francken adds. “That category is the only one that still needs my input in case of expulsion. For all others, that old involved and intricate way of doing things is now history.”

Incoming travel ban: for Europeans too

“Another important factor is that from now on there is no longer a limit on the duration of incoming travel bans, which used to be restricted to a maximum of 10 years,” Theo Francken continues. “So in future I can impose an incoming travel ban on major criminals or Syrian fighters of thirty years or more, which moreover is valid for the whole Schengen zone.” In the past the State Secretary was only able to issue a national incoming travel ban against aliens with European nationality in the most serious of cases. Now he can do this for all aliens with European nationality if they pose a threat to public order, public security or public health. “Getting European nationality is from now on no longer a free pass to come to our country and act unlawfully,” Theo Francken concludes.