Removal under escort involves the accompanying by specialized personnel of the General Inspectorate for Immigration to the border or to the country of origin, transit or destination of the following categories of foreigners:
a) who did not voluntarily execute the obligation to return from the territory of Romania, after fulfilling the term of voluntary departure;
b) which presents a risk of theft from the voluntary execution of the return obligation, even before the deadline for voluntary departure is fulfilled;
c) who have crossed or tried to illegally cross the state border;
d) which have been declared undesirable;
e) who entered Romania in the period of interdiction previously stipulated;
f) those with illegal residence whose identity could not be established;
g) whose asylum procedure was completed or who gave up and did not comply with the obligation to leave the territory of Romania established according to the asylum law;
h) which by their conduct determines the reasonable suspicion that they intend to evade from the voluntary execution of the return obligation;
i) against which it was ordered, according to the penal code, the accessory punishment respectively complementary to the prohibition of the right of the foreigner to be in the territory of Romania.
The decision to return under escort can be appealed to the territorial court of appeal within the radius of which the accommodation center is located, within 3 days from the date of communication. The court decides within 5 days, the decision being final and irrevocable. The challenge of the decision to return under the escort suspends the execution of the removal measure, unless the aliens were declared undesirable.
The challenge of the return decision made by foreigners taken into public custody does not suspend the measure of being taken into public custody.
When there are strong indications that removal under escort cannot be done within 24 hours, the alien will be taken into public custody. Foreigners taken into public custody are housed in closed centers, specially arranged. In Romania, until now, two centers are set up, located in Otopeni and Arad. The centers are built and organized to provide adequate accommodation, feeding, medical care and personal hygiene for the homeless. They work based on a regulation approved by the minister of order ORDIN no. 121 of July 30, 2014 for the approval of the Regulation of accommodation centers of aliens taken into public custody.
The expenses occasioned by the removal from the territory of Romania of the foreigners who have financial means are borne by them.
Simultaneously with the implementation of the measure of removal under escort, the General Inspectorate for Immigration may, under the law, also prohibit the entry into Romania for a certain period.
The measure of return of foreigners is forbidden in the following cases:
a) the foreigner is a minor, and his parents have the right to stay in Romania;
b) the foreigner is the parent of a minor who has Romanian citizenship, if the minor is in his maintenance or if there is an obligation to pay the alimony, an obligation that the foreigner fulfills regularly;
c) the foreigner is married to a Romanian citizen or to a foreigner who has a long-term right to stay in the territory of Romania, and the marriage is not convenient;
d) the foreigner has exceeded the age of 65 years;
The mentioned persons may be granted or, as the case may be, extend the right of residence in Romania by the General Inspectorate for Immigration, for one of the purposes and in the conditions of the law, without having to obtain a long stay visa in advance.
The obligation to return is suspended during the period when the General Inspectorate for Immigration finds the incidence of the following situations:
a) removal under escort can only be done to a state for which there are justified fears that the foreigner's life is endangered or that he will be subjected to torture, inhuman or degrading treatment;
b) the state of health of the foreigner makes impossible the removal under escort;
c) the alien is the parent of a minor who attends the courses of a state or private educational institution, accredited or provisionally authorized according to the law, and the school year is in progress;
d) the foreigner is married to another foreigner who has the right of temporary residence or permission to stay on the territory of Romania, and the marriage is not for convenience;
e) the foreigner is in one of the situations in which, according to the criminal law, he is not allowed to leave Romania.
Exceptions to these provisions are foreigners who constitute a danger to public order, national security or who suffer from a disease that threatens public health and refuses to comply with the measures. established by the medical authorities.