Controlled for his skin color": the Spanish justice rejects the argument and expels a Moroccan national

The regional jurisdiction has ruled: a Moroccan citizen in an irregular situation must leave the national territory. This decision confirms his expulsion as well as a ban on entering the Schengen area for a period of one year. The case had begun during a routine check on the streets of Valladolid, where the person concerned had not been able to present any document attesting to his legal situation in Spain.

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In his defense, the applicant claimed that his arrest was illegal because it was solely motivated by his physical appearance and skin color. According to Infobae, the court categorically rejected this thesis of racial discrimination. The court recalled that the legislation authorizes agents to identify people on public roads, specifying that the fact of requesting the papers of a foreigner "does not automatically transform the action into a discriminatory measure".

The magistrates also emphasized the lack of evidence concerning the man’s entry into the European territory. If the latter claimed to have passed through Greece and Turkey, no visa could attest to this journey. The court considered that the lack of information on the conditions of entry and the absence of valid documents fully justified the expulsion rather than a simple administrative fine.

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Finally, the justice system has maintained the duration of the ban on residence due to a total lack of ties in the country. The sentence notes the absence of "family or socio-professional roots" as well as the lack of accredited financial resources. In addition to confirming the initial sanction, the court ordered the applicant to pay the court costs, the amount of which was capped at 500 euros.