Russia’s Interior Ministry wants to deport foreigners for participating in an ‘undesirable’ organization, ‘discrediting’ the army, and more. Here’s what that could mean.
- What happened?
- How is deportation defined?
- What offenses does the Internal Affairs Ministry want to deport people for?
- Can judges currently exercise discretion in deporting individuals?
- Will deported foreigners be permanently banned from entering Russia?
- Will the bill pass?
- How could that happen?
- What’s this “deportation regime”?
What happened?
On July 8, Russia’s Interior Ministry published a draft law aimed at “strengthening administrative measures for foreigners who pose a threat to public order.” The proposed legislation doubles the number of offenses for which a foreigner can be deported from Russia.
How is deportation defined?
Deportation is an administrative penalty. It’s defined as a special procedure for the “compulsory and controlled” removal of foreigners from Russia, or their voluntary (but effectively still forced) departure from the country at their own expense or the expense of the inviting party.
Not every offense committed by a foreigner can lead to deportation. This penalty must be explicitly stated in the corresponding article in Russia’s Code of Administrative Offenses. For example, “promoting drugs” can result in deportation, but the next article, promoting nitrous oxide, cannot.
What offenses does the Internal Affairs Ministry want to deport people for?
A wide range of violations, including:
- Participation in the activities of an “undesirable” foreign or international organization
- Deliberate public desecration of religious or liturgical literature
- Coercion to participate in a rally or strike
- Participation in an unauthorized rally
- Organizing walks that “result in the disturbance of public order”
- Producing films with “concealed elements that influence the subconscious”
- Reposting instructions on making homemade explosives and explosive devices or modifying weapons
- Disseminating deliberately false information about the coronavirus on the Internet
- Insulting state bodies on social networks
- Disobeying a police officer
- “Discrediting” the Russian army
Moreover, in all of these cases, deportation will be mandatory. Judges will be prohibited from substituting it with fines or community service.
Can judges currently exercise discretion in deporting individuals?
Yes. Judges can, citing various circumstances (such as family status, law-abiding behavior, or an application for Russian citizenship), allow a foreigner who would otherwise be deported to stay in the country. However, this is only permissible if it is not explicitly prohibited by the Code of Administrative Offenses.
Judges must currently order the mandatory deportation of a foreigner who has violated one of the following four articles:
- Propaganda of non-traditional sexual relations and preferences or “gender change”
- Propaganda of pedophilia
- Dissemination among minors of information that demonstrates non-traditional sexual relations and preferences or that could cause minors to wish to “change” their gender
- Evasion of an administrative punishment
Under the proposed changes, another two dozen new articles may be added to these.
Will deported foreigners be permanently banned from entering Russia?
No. Deported foreigners are prohibited from entering Russia for five years. However, if they manage to violate this ban and are caught again, the period will be extended to 10 years.
Will the bill pass?
We don’t know yet. The draft law prepared by the Interior Ministry hasn’t even been submitted to the State Duma. Currently, it’s only been posted on the website for public discussion. However, State Duma deputies may take the initiative and support the Interior Ministry without waiting for the Russian government to submit the bill.
How could that happen?
The same way it did for another recent ministry project on a “deportation regime” for migrants and a “register of controlled persons.” In early April, amid the Russian authorities’ toughening rhetoric toward migrants following the terrorist attack at Crocus City Hall, the Interior Ministry sent the related draft law to the government for consideration. However, by the end of April, deputies had introduced a similar bill on their own behalf, and in June, it was passed in the first reading.
What’s this “deportation regime”?
A new set of policies that aims to make life in Russia as difficult as possible for migrants who no longer have legal grounds to stay in the country, such as those whose residence permits have expired or who have been ordered deported. Such foreigners will be added to a “register of controlled persons” and prohibited from obtaining a driver’s license and driving a car, purchasing real estate, opening bank accounts, and getting married, among other things.
