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Amendments to Laws Relating to Foreign Nationals Initiated in Rump Parliament

The GD government has unveiled a sweeping legislative package to the rump Parliament aimed at tightening immigration controls and other measures targeting foreign nationals, citing an uptick in illegal migration and related criminal activity. The proposed amendments would overhaul the country’s approach to the expulsion of foreign nationals and introduce new biometric data collection measures and harsher penalties for administrative and criminal offenses.

Law on Legal Status of Aliens and Stateless Persons

The amendments to the law entail that foreign nationals convicted of crimes under Georgia’s Criminal Code could face expulsion and be barred from re-entering the country for a specified period. Those subject to removal would be required to provide oral or written explanations and submit relevant documents; noncompliance could result in not being granted the voluntary departure time or detention and placement in a temporary accommodation center.

One of the provisions is the introduction of biometric measures, including photographing and fingerprinting individuals residing in Georgia without legal status, which envisages that the authorities may take the foreigner’s photo, palm, and fingerprints. In case the foreigner refuses to comply, the data may be collected using “proportionate coercive measures,” the draft law says.

The draft law also introduces a new risk assessment mechanism to determine whether a foreign national is likely to abscond. Factors include the use of false documents, destruction of travel papers, and ambiguity about the individual’s identity or nationality. In addition, under the new regulations, voluntary departure periods would range from 7 to 30 days.

Amendments to the Code of Administrative Offenses

Proposed changes to Georgia’s Code of Administrative Offenses would introduce two new penalties specifically for foreign nationals: expulsion from Georgia and a ban on entry. Offenses such as petty hooliganism (Article 166), disobedience to law enforcement’s orders (Article 173), verbal insult of a public-political figure, or violations related to organizing or participating in public gatherings (Article 174/1) could trigger these sanctions, with entry bans lasting up to three years.

Fines for immigration-related offenses would also increase significantly. Foreigners overstaying their legal period in Georgia by up to three months would face a fine of 1,000 GEL or a six-month entry ban. Illegal stays exceeding one year could result in a 3,000 GEL fine or a three-year entry ban. Violations of transit regulations by foreign nationals or stateless persons would incur higher fines as well.

Georgian citizens or legal entities that invite, serve, or use the services of foreign nationals in violation of residency, work, or study regulations could also be fined 2,000 GEL.

Proposed Changes to the Criminal Code

In parallel, proposed amendments to Georgia’s Criminal Code would make expulsion and entry bans formal punishments for foreign nationals convicted of crimes. Under the new provisions, foreigners found guilty of lesser crimes could be banned from re-entering Georgia for two to ten years. For serious or particularly serious offenses, the ban could extend from five to 20 years.

Criminal liability would also apply to those obstructing the enforcement of a deportation order. This includes the deliberate destruction of travel documents or refusal to engage in the procedures necessary to obtain such documents. Violators could face expulsion and an entry ban or imprisonment for one to six years.

If the proposed package is adopted, the amendments would impact 18 Georgian laws.

The proposed changes come in the wake of Georgia’s democratic backsliding and the Georgian Dream’s rising authoritarian rule. In January, MIA announced that 91 foreign nationals were expelled in November and December 2024, including 25 participants in anti-regime protests in Tbilisi. The timing and nature of these expulsions have raised alarm among human rights defenders and international observers, who fear the measures may be used to suppress dissent. Among those denied entry to Georgia in recent months are human rights defenders, photographers, and journalists, allegedly for political reasons.

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