Malta's immigration police carry out more than 1,000 arrests every year, oversee detention for returns that can legally last up to 18 months, and operate under constant scrutiny from courts and EU institutions, a concentration of power that Assistant Commissioner within the Immigration Section of the Malta Police Force Neville Xuereb describes as an "enormous responsibility," requiring strict legal and human rights safeguards.

Malta's immigration police have undergone a radical transformation over the past three decades, shifting from a unit responsible for almost every aspect of migration to a tightly defined enforcement arm tasked with border control, detention and returns, Assistant Commissioner Neville Xuereb said in an interview with The Malta Independent on Sunday.

Having served in the immigration section for 35 years, Xuereb said the department's remit today is far narrower than in the past but carries significantly heavier legal and human rights responsibilities.

"In the past, we used to be responsible for practically everything that emanates from immigration, even regular migration issues like visas and residence permits. Throughout the years, this has changed," Xuereb said.

Legal migration, he explained, is now handled by other agencies, principally Identità, alongside Komunità Malta and Residency Malta, which issue and manage residence permits and other authorisations for foreign nationals.

The immigration police, by contrast, retain responsibility for border management, enforcement against irregular stay, detention, and the return of third-country nationals who have no legal right to remain in Malta.

Who controls enforcement on immigration?

At the centre of immigration enforcement lies the role of the Principal Immigration Officer, a position defined explicitly in legislation.

Legally, Xuereb explained, the Principal Immigration Officer is vested with powers that differ from those of any other police officer.

Historically, the role has always been assigned to the Commissioner of Police, who then delegates those powers to officers within the immigration section, he said.

"That delegation is not verbal. It needs to be in writing, and the specific responsibilities of that role differ from any other police officer in the Malta Police Force," Xuereb said.

Those responsibilities are exercised by officers stationed within the immigration unit. There is also the International Relations Unit, which is separate, but both fall under Xuereb's responsibility.

Border management remains one of the immigration police's core duties, covering five official border crossing points: Malta International Airport, the Malta Seaport, one commercial port  and two yacht marinas, one in Malta and one in Gozo.

While the police manage borders from an immigration perspective, Xuereb said that this is a shared responsibility involving Customs and the Armed Forces of Malta.

Xuereb said that by far, the heaviest burden falls on the airport.

"When the airport was built, it was meant to cater for one million passengers," Xuereb recalled. "Last year, we recorded 10 million," he added.

That exponential growth has created infrastructure and staffing challenges that Malta is still trying to address, even as the airport undergoes expansion, Xuereb said.

At the airport, border checks are carried out by a mix of police officers and civilian immigration border control officers, the latter forming the bulk of staff on the ground.

Although civilians, they are employees of the Police Commissioner and operate under police supervision, with sergeants and officers assigned to each shift, he said.

A small unit with heavy responsibilities

Beyond the airport, the field enforcement arm of the immigration police remains strikingly small.

"I am the assistant commissioner, I have one superintendent, and since late last year we have five inspectors. Each inspector has a team of two to three officers," Xuereb said.

In total, around 15 officers are tasked with dealing with every aspect of irregular migration across Malta and Gozo, operating on a shift basis.

Their remit extends to all non-Maltese nationals, including both EU citizens and third-country nationals, he said.

Under current arrangements, no police officer outside the immigration section may process a migrant found to be in an irregular situation.

"If they are found by any police officer around Malta or Gozo, they must be referred to the immigration section," Xuereb said.

Xuereb said that the immigration police carry out checks both independently and jointly with other entities, including Identità, Jobsplus and the Department for Industrial and Employment Relations (DIER).

"The scope of these checks is to find any illegalities. That does not necessarily mean that the person is illegally in Malta, but it could involve illegal employment or other crimes related to migration," Xuereb said.

Despite its small size, Xuereb said the immigration section carries out more arrests than any other unit within the Malta Police Force, exceeding 1,000 arrests annually.

"That carries an enormous responsibility," he said.

Unlike most police arrests, which are governed by a strict 48-hour detention limit, immigration detention can extend far longer.

Under Maltese and EU law, detention for removal purposes may legally last up to 18 months, a reality that places significant legal obligations on officers authorising and maintaining detention.

"This is an enormous responsibility on the person executing that detention. You need to ensure that the condition of the detention is legal and remains legal," Xuereb said.

Detention decisions are subject to mandatory review by an independent Immigration Appeals Board, before which the police must justify the legality of detention, he said.

In asylum-related cases, reviews occur every two months, but Xuereb stressed that police cannot simply rely on those intervals.

"If circumstances change, we are legally responsible to review detention ourselves and see to it that conditions are met," he said.

While some detention cases have been successfully challenged in court, Xuereb said the vast majority have been upheld as legally sound.

Beyond national law, immigration enforcement in Malta is increasingly shaped by evolving EU legislation.

"Legislation in the field of migration is constantly being updated," Xuereb said, describing this as a particular challenge for small states.

The EU's new Migration Pact, due to come into force from June, will require member states to issue return decisions rapidly following the refusal of asylum.

Xuereb said that Malta already exceeds EU averages when it comes to actual returns.

Across the EU, only 20-25% of return decisions result in effective returns. In Malta, the rate consistently exceeds 80%, he said.

However, this will require policy adjustments, and until now, Malta has avoided issuing return orders where enforcement was practically impossible, such as in cases involving war-torn countries like Sudan.

"That policy will need to change," Xuereb said.

"In most cases, where there are wars or unrest, there is always the option for the migrants to request asylum.  Yet, there are cases where they are refused asylum, even notwithstanding the fact that they are coming from places of unrest.  Still, if return is not possible from a practical aspect, we have always argued that it would not make any legal sense to issue the person an order to leave, when you know that you cannot enforce that order. We will need to adapt this, now," Xuereb said.

Xuereb said that given the current nationalities the police encounters, it should not change a lot of their policies, as there has been a decrease in the number of arrivals by boat.

The reality of returning migrants

Returning undocumented migrants, particularly those arriving by boat, remains one of the most complex aspects of the job, he said.

"By far, those are our main concern. They arrive totally undocumented, with no means of identity," Xuereb said.

He continued that identification requires cooperation from countries of origin, which is not always forthcoming.

Malta also faces practical barriers, including the absence of direct flights, embassies or liaison officers in some countries.

Despite this, Xuereb said Malta has managed high return rates, aided by cooperation from certain countries of origin and by support from other entities, including the Detention Service and the Ministry's Returns Unit.

Xuereb said that the police prioritise voluntary returns wherever possible, offering incentives such as reduced entry bans and reintegration assistance from the Ministry.

Voluntary return and overstaying

While the concept of "voluntary" return can be contentious, Xuereb said cooperation makes a tangible difference.

"If a person assists us to get a passport and collaborates, we may consider that a voluntary departure," he said.

Those who cooperate may face significantly shorter entry bans, sometimes allowing them to return legally to Malta within months rather than the stipulated three to five years - longer for a convicted individual.

"We see this working on a daily basis," Xuereb said.

Overstaying a visa or permit is not a criminal offence under Maltese law, Xuereb noted, following legislative changes in 2002.

However, using false documents or making false declarations remains a criminal offence and is prosecuted accordingly, he said.

The immigration police also coordinate closely with prison authorities to ensure that convicted non-Maltese nationals - including EU citizens - are assessed for return once sentences are finalised.

Yellow Book and long-term irregular stay

For individuals who cannot be returned immediately, the police issue a Police Immigration Certificate - commonly known as the Yellow Book - granting temporary permission to stay while return efforts continue.

"It is not an identification document. I am not attesting that the person is who he claims to be," Xuereb said, as the person who signs them.

The certificate allows a temporary permit to stay, which is regularly renewed at police headquarters. It also allows the police to maintain contact and continue pursuing return, while offering individuals the opportunity to cooperate voluntarily.

Ultimately, Xuereb said, immigration enforcement is governed by law, not personal discretion.

"I am legally obliged to do this. Unless legislation changes, I do not have the liberty or the luxury to choose who to return," Xuereb said.

"To be totally honest, I believe that they don't trust us. They believe they will be sent away and can forget about ever returning to the European Union.  It is a pity because we have had several, several cases where persons collaborated with us, left and have now returned with a valid residence permit and are residing here legally, and they are not subject to a constant stress of being returned," Xuereb said.

He was asked about certain cases where immigrants would have spent years in Malta and integrated in the country.

"I fully understand this situation, of a person who has been living here for several years and working legally, however, they knew from day one that the police is pursuing their return, and they chose not to collaborate or assist in their return. They could have returned in a legal manner," Xuereb said.

He said that if these people heed the police's advice, they would have left voluntarily and they might already be here legally, rather than spending thousands on lawyers just to still end up in their country of origin, calling this a pity.