One of the greatest fears that undocumented Filipinos and immigrants have is being caught by Greek. immigration authorities. Often, this fear stems from the belief that they will immediately be deported to their home country without the chance to say goodbye to family and loved ones here in Greece. Other times, it is the fear of the unknown, as in, "What will happen to me if I am caught?"
The good news is that undocumented Filipinos and immigrants in Greece have certain rights when arrested by Immigration Police.
Police Arrests and 48-Hour Detainers
There are a number of ways that an undocumented Filipinos and immigrants can come into Greek custody. For instance, you may be arrested during a workplace raid. Or, you may be arrested at your home. Keep in mind that if an Greek Immigration officer comes to your home, you do not have to let him in unless he has a warrant. Because of their enforcement priorities and limited resources, Greek Police officers are more likely to look for you in your home if you have been convicted of a crime.
Additionally, the initial arrest of an undocumented Filipino or an immigrant may not necessarily be by Imigration. You may be taken into custody by another law enforcement agency -- for example, city or local police, following a criminal arrest or even a minor traffic violation.
Afterwards, the police may decide to contact Immigration unit if they believe that you are an undocumented immigrant, or Immigration may contact the police if they want to interview you regarding your immigration status. This most often happens when jails input detainee information into databases shared with Immigration . In such cases, Immigration will file what's called a "detainer." This means that Immigration cannot get to you immediately, but is asking the police or jail to hold you for an additional amount of time so that Immigration officers can interview you at a later time to determine whether or not to place you into removal (deportation) proceedings.
Under the law, the maximum amount of additional time that you can be held on Immigration's behalf is 48 hours. If Immigration does not take custody of you within those 48 hours, the law says you must be released.
Placement Into Removal Proceedings
Once an undocumented immigrant is taken into custody, the deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the Greek, overstaying a nonimmigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.
If you do not agree with the charges, you can fight them in administrative Court . Even if the charges are correct, you may still be eligible for relief from removal.
Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught.
Release you to exit Greece alone
Once you are in immigration custody and have been placed into removal proceedings, one of the first things that the deportation officer will do is determine whether or not to release you to exit Greece alone. A house contract with your name, officialy submited to tax office in Greece and a statement from the house owner will allow you to be released from custody and return to your home in Greece. while removal proceedings are pending.
When determining whether to release you to exit Greece alone the officer will consider two things:
the risk that you will miss your immigration hearings, and
the danger to the community if you are released.
A conviction on your record for certain types of crimes can make you ineligible for a release .
If the deportation officer refuses to release you to exit Greece alone you have the right to ask the administrative Court to reconsider this decision.
Contacting Family or Friends
When an undocumented filippino or immigrant is caught by Greek immigration , he or she has the right to call a family member, friend, employer, or lawyer. You will have the opportunity to let someone know where you are so that they can assist you. When you are first detained by Immigration, you have the right to make one free, local phone call. Afterwards, you are responsible for the cost of telephone calls, either by establishing an inmate account or by making collect telephone calls.
Watch the following video on youtube with Greek police and immigration officers on their tasks from inside camera , click here