modern Greek immigration policy.39 The law, which was drafted by the Greek police, was
predicated upon the belief that ‘illegal immigration’ (λαθρομετανάστευση), as it was referred
to in the text, is a social problem that can be deterred and must be controlled. As mass
immigration in the 1990s was becoming a phenomenon the Greek state was forced to deal
with, the response was the hasty design of a new law as a knee-jerk reaction in willful
ignorance about why people migrated in the first place (King et al., 1998).
This approach framed immigration as a matter of public order and (internal) security.
Indeed, the new law announced the creation of new special police teams to ‘fight illegal
migration’ (article 5).40 Unlawful entry, residence and employment were criminalised setting
the ground for what would later become a longer list of ‘undesirable aliens’ (article 11). As
Hindpal Bhui (2016) has argued about a different context, underpinning migration policy
in those early years, then, was a moral panic about enemy migrants. By making deterrence
the guiding principle of immigration law and policy, the government provided the
ideological space in which racism became culturally acceptable. Coumpunding matters, as
Baldwin-Edwards (2004) points out through an outline of policy measures by the Greek
state, the absence of a clear political strategy, though, left ample room for arbitrariness and
discretion in policy implementation (Liebling, 2000). More specifically, it gave the police
carte blanche to manage the ‘migration problem’, in their own terms.
This new legal framework makes little mention of administrative detention measures; yet,
it provided for the detention of deportable aliens in cases of risk of absconding and public
order (Article 27) and until the completion of the return procedure. The assumed
temporariness of the arrivals put the emphasis on arresting and deporting the alien other
through the infamous ‘sweep operations’ that would become a prominent feature of border
control in forthcoming years. For example, according to an analysis of statistical data on
immigrants in Greece, the expulsion of foreigners to neighbouring countries, most
predominantly to Albania, has been massive in scale, creating a continuous exchange of
populations between the two countries (Baldwin-Edwards et al., 2004).41 The strict legal
framework and the ensuing criminalisation of entry, exit and working undocumented
For the link, see Law No 1975/1991 [in Greek].
It was not before 1998, however, that the police division of border guards was established, with their role
limited to preventing the unlawful entry of foreigners to Greece, their detection and arrest. I address their
role in more detail in chapter four.
39
40
Baldwin-Edwards (2004) argues that for a large number of these expulsions, which the Ministry of Public
Order termed as re-directions, there was no legal basis. Furthermore, in some cases, these expulsions were
often a reprisal against Albanian policies towards Greeks in Albanian territory (Baldwin-Edwards and
Fakiolas, 1998).
41
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