Ministry of Internal Affairs Bureau for Migration and Asylum

Irregular Migration – National responses in the context of the current migration crisis

Chisinau, 2016 Ecaterina Mihailas

1 • At present time, in the Republic of Moldova the competences, powers and the functions related to combating the illegal migration and stay, the control over the regime of stay of foreigners and the detection of irregular migrants on the territory of the country, as well as use of administrative measures of detention or their removal from the territory of the Republic of Moldova entirely falls upon the Ministry of Internal Affairs (hereinafter MIA) and are pursued through two structural subdivisions, namely: Bureau of Migration and Asylum (BMA) and Border Police Department (BPD).

• Should be noted, that previously (up to the year 2012-2013), before the commencement of the process of reforming the MIA, these functions were dispersed among various structures/subdivisions of MIA, and some had neither the regulatory coverage, which de facto put in difficulty the whole process to combat the phenomenon of regular migration.

2 • Once with the institutional reform and optimizing of the personnel in law enforcement bodies by the order of the Minister of Internal Affairs No. 70 as of 28.02.2013, to BMA has been transmitted 34 units (63%) of the personnel of the district police sections. Thus, the number of trained personnel in combating the illegal stay of foreigners on the territory of the Republic of Moldova has been reduced from 65 to 45 people or with 30%. • On the basis of the transferred units were constituted 3 regional services: "Nord/North" (in Balti municipality), "Centru/Centre" (in Chisinau municipality) and "Sud/South" (in Cahul municipality), specialized in combating the illegal stay of foreigners. • At the same time, the Migration Control Department was created within the BMA, although it has no powers to combat illegal stay and return, through those 6 control services, plays an important role in monitoring the flow of migrants entering in the Republic of Moldova through the Transnistrian region (entries/exits in/from Republic of Moldova through the Transnistrian region), which contributes in a final at an efficient management at national level.

3 DIRECTOR

Deputy director Chancellery Finance service Human recourses Chief DCISF service (SSF)

Legislation, Combating illegal Refuge Evidence of Immigration coordination, stay of foreigners department foreigners department data management department department department

Combating Illegal stay Operational unit assurance unit Returns and Restrictive measures unit

Migration accommodation center

Unit “North” service nr. 1

service nr. 2 Unit “Center” service nr. 3

service nr. 4 Unit “South” Total – 197 employees service nr. 5 Special status functions (SSF) – 118 service nr. 6 Public functions (PF) – 63 Technical functions (FT) - 16

28.03.2013

Regional Units North /South/Center for combating the illegal stay of foreigners

International border Hristovaia - Bolgan (rutier) crossing points Sănătăuca

uncontrolled by the Cobasna - Tîmcovo (feroviar)`

Moldovan Rezina authorities

Goianul Nou - Platonovo (rutier)

Criuleni

`````````Vadul lui Vodă

Territorial offices of Hîrbovăț BMA Pervomaisc - Kuciurgan (rutier) Hadjimus Novosavițcaia - Kuciurgan (feroviar)`

Subdivisions

SI‘CRIS 6 REGISTRU’

7 The basic missions of these subdivisions are:

• control over the legality of stay of foreigners on the territory of the Republic of Moldova in order to detect those which do not meet the legal conditions for entry/stay • combating the illegal employment of foreigners in the workforce • combating cases of pseudo-legalization (unskilled labour, marriages of convenience, obtaining fraudulent visas for long and short stay, abusing the asylum system and statelessness, etc.) • taking/placing into public custody of the foreigners • activities for the identification of foreigners without identity documents • application of restrictive measures (undesirable declaration of foreigners) • removal of foreigners (return, expulsion, readmission, etc.) • giving the status of tolerant for foreigners • cooperation at the inter-institutional and international level on combating illegal migration and stay • monitoring and recording the migration flow through the Transnistrian region • evidence of foreign citizens and stateless persons who execute criminal punishment in the Republic of Moldova, etc. 8 The expert staff of the BMA is organizing activities to detect illegal migrants within the country, according to their competence by carrying out specific controls, through the launch of operational investigations, based on data and information available and through the use of databases of the BMA, with regard to foreigners who have exceeded the term of stay. In case of detection of illegal stay, BMA shall issue the necessary documents, in order to ascertain the offence and apply the necessary sanctions/ measures. Where the foreigner detected has entered illegally on the territory of Moldova, BPD carries out a further investigation for illegally crossing of the border. Further, BMA issues the decision of return and sets the interdiction to enter the country depending on the specific situation.

9 • In the case of the forced removal, the BMA is pursuing the required activities in accordance with the Order of MIA No. 102 as of 27.03.2014 on the approval of the Instruction on the procedure for the expulsion of foreigners from the territory of the Republic of Moldova. • It should be mentioned, that in 2015 has been developed the common procedure at MIA level in the field of combating the illegal stay of foreigners (Order of MIA No. 149 as of 01.06.2016 ).

• The procedure requires an effective mechanism for detection of irregular migrants in the country with the participation of structures of MIA – BMA, GPI, BPD, CTD, the leading role falling to BMA, as a structure of coordination and control on this segment.

10 • According to studies carried out, in the period of the years 2013-2014 has been attested an essential increase in the number of illegal migrants detected on the territory of the Republic of Moldova: year 2014, have been detected 2640 (for the year 2013 – 1173, increase 125%), foreigners with illegal stay, which 374 (for the year 2013-195, increase 92%) conducted unauthorized work activities. As a result of activities, were issued 474 decisions of return (for the year 2013-238, 99%) and 104 foreigners (for the year 2013-81, increase 28%) were placed in public custody. Thus, until the State border or to the country of origin were removed under escort 88 foreigners (for the year 2013 - 80, increase 10%).

• Also, based on notifications received from the competent authorities, as well as internal investigations have been issued 516 decisions of cancellation/revocation of the right of stay in the territory of the Republic of Moldova (for the year 2013 - 249, increase 107%).