Georgia proposes deportation as penalty for foreign offenders

The Georgian parliament is considering a set of amendments to the national Criminal Code that would allow courts to impose deportation and temporary bans on re-entry as a legal punishment for foreign nationals convicted of certain crimes.

The proposed legislation would offer deportation as an alternative to incarceration for foreigners found guilty of offenses such as illegal border crossing, migrant smuggling, or enabling the illegal stay of undocumented individuals in Georgia, Caliber.Az reports per Georgian media.

In addition to the new sentencing options, lawmakers are also seeking to criminalize non-compliance with court-ordered deportation. A new article in the Criminal Code would make it illegal for a foreign national to obstruct the enforcement of such a ruling. This includes destroying travel documents, refusing to acquire necessary documentation, or otherwise evading deportation procedures.   Individuals who violate these court orders could face prison sentences ranging from one to six years, depending on the nature and severity of the offense.

Repeat offenses, or those committed with violence or the threat of violence, will result in stricter penalties—ranging from five to nine years in prison or immediate deportation, according to proposed amendments to Georgia’s Criminal Code. The amendments clarify that deportation of a foreign national from Georgia, along with a temporary entry ban, entails the forced removal of the individual—regardless of their consent—including stateless people who hold legal status in Georgia. 

This measure would be applied as a punishment for committing a criminal offense.  

Under the proposed amendments, deportation from Georgia and a ban on re-entry may be imposed on foreign nationals based on the severity of the crime: 

For minor offenses, the ban can range from two to ten years;

For serious or especially grave crimes, the ban may range from five to twenty years, or even for life.  

Deportation and a temporary ban on re-entry into Georgia may be imposed as a form of punishment if the court determines that, given the circumstances of the case and the individual’s profile, the continued presence of the foreign national in the country is inadvisable.

Additionally, deportation may be applied as a supplementary penalty even in cases where it is not explicitly listed as a punishment in the relevant article of the Georgian Criminal Code. 

Deportation and a temporary entry ban into Georgia will not be applied if the foreign national faces persecution in their home country for political beliefs, actions that are not considered crimes under Georgian law, or for defending human rights and peace, or engaging in progressive political, scientific, or creative activities. Additionally, deportation will not be carried out if the individual’s life or health is at risk.

By Naila Huseynova