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Greece Introduces Tougher Penalties for NGO Members Convicted of Facilitating Illegal Immigration
Greece has introduced stricter criminal penalties for certain migration-related offenses involving members of registered nongovernmental organizations (NGOs), including prison sentences of at least 10 years and substantial financial fines. The measures, adopted by Parliament in February 2026, form part of a wider effort to tighten migration enforcement while sparking debate over the future of humanitarian work at Europe’s borders.
The law has attracted attention beyond Greece, with supporters emphasizing border security and the fight against migrant smuggling, while human rights organizations warn that the legislation could discourage legitimate humanitarian assistance.
Here is what the law actually says, why it matters, and what it could mean for NGOs operating in Greece.
What Has Greece Changed?
On February 5, 2026, the Greek Parliament approved legislation titled Promotion of Legal Migration Policies. The law amended provisions of Greece’s Migration Code and introduced tougher penalties for certain offenses connected to the entry, transportation, and unlawful stay of third-country nationals.
A key element is the treatment of membership in a registered NGO as an aggravating circumstance for specified migration-related offenses.
Under the amended rules, certain conduct that carries one penalty under ordinary circumstances can attract substantially harsher punishment when the person involved belongs to a registered NGO.
The distinction is important: the law does not simply declare that working for an NGO is illegal. Rather, NGO membership can trigger increased penalties when the individual is convicted of particular offenses defined by law.
The legislation was presented by the Greek government as part of a framework intended to promote legal migration, combat irregular migration, and strengthen public security.
Official announcement: Greek Ministry of Migration and Asylum.
The Penalties: What Does the Law Provide?
The amended Migration Code establishes different penalties depending on the offense and the circumstances.
1. Facilitating illegal entry or exit
Under Article 15 of Law 5275/2026, a person convicted of facilitating the entry into or exit from Greek territory of a third-country national without the required border checks can face a prison sentence of at least 10 years and a fine of at least €50,000 when the specified aggravating conditions apply, including membership in a registered NGO.
The provision concerns facilitating entry or exit in violation of the applicable rules. It is not a blanket criminalization of providing food, medical treatment, legal advice, or other humanitarian support to migrants.
2. Transporting migrants
Article 16 provides for substantial penalties for certain offenses involving the transportation of third-country nationals.
Where the aggravated circumstances specified in the law apply, including registered NGO membership, the penalty can include at least 10 years’ imprisonment and a fine of €60,000 to €100,000 for each person transported.
The law provides even more severe penalties in circumstances involving danger to human life or a death.
These provisions demonstrate how costly a conviction for a qualifying offense can become, particularly where several people are involved.
3. Facilitating unlawful stay
The law also increases penalties for certain conduct involving the facilitation of a third-country national’s unlawful stay or obstructing police investigations aimed at locating, arresting, or deporting that person.
Where the specified aggravating conditions apply, including registered NGO membership, the offense can be punishable by up to 10 years’ imprisonment and a fine of at least €20,000.
The exact penalty depends on the offense charged, the applicable legal provision, and the circumstances established in court.
Important: These figures describe statutory penalties for specified offenses. They do not mean that every NGO employee or volunteer automatically receives a 10-year sentence, nor that every person who assists a migrant has committed a crime.
The statutory amendments can be reviewed in the Greek legal text:
Why Is Greece Taking This Approach?
Greece occupies a strategically important position at the external borders of the European Union. Its islands and mainland have long been routes for people attempting to reach Europe from the Middle East, Asia, and Africa.
The country experienced a major increase in arrivals during the 2015–2016 refugee crisis. Since then, migration enforcement, border surveillance, asylum procedures, and cooperation with other European countries have remained central political issues.
Greek authorities have argued that criminal networks profit from moving people across borders and that the state must be able to prosecute those who facilitate unlawful entry or violate migration rules.
The government also presents its wider migration policy as an effort to distinguish legal migration, which can meet labor-market needs, from irregular entry and exploitation by smugglers.
Supporters of tougher penalties argue that registered organizations should not receive special treatment if their members commit criminal offenses. From this perspective, NGO status should not provide protection from prosecution for unlawful conduct.
However, the controversy arises from the possibility that a person’s membership in a registered organization may itself lead to more severe punishment for certain offenses.
Why Are Human Rights Organizations Concerned?
Human Rights Watch criticized the legislation in January 2026, arguing that it could stigmatize humanitarian organizations and make it more difficult for aid workers to help people in distress.
The organization raised concerns about the increased penalties, the consequences for NGO registration, and the possibility that some measures could undermine fundamental rights, including freedom of association.
UN human rights experts also examined the legislation. In a communication published in April 2026, the UN Special Rapporteur on human rights defenders and other experts discussed the law’s potential impact on people supporting migrants, refugees, and asylum seekers.
Their concerns focus on the distinction between criminal activity and humanitarian assistance. Rescuing people in danger, documenting events at sea, providing emergency aid, and offering legal support are not necessarily the same as facilitating illegal entry or participating in migrant smuggling.
Critics argue that if aid workers fear severe criminal penalties, organizations may become more reluctant to conduct rescue operations, monitor conditions at borders, or assist vulnerable people.
Sources:
- Human Rights Watch — Greek Immigration Bill Demonizes Civil Society
- UN Special Rapporteur and Experts — Analysis of Greece’s New Migration Law
The Wider Debate: Border Security Versus Humanitarian Assistance
The dispute reflects a wider European debate about how governments should manage migration while respecting international human rights obligations.
On one side, governments have a responsibility to enforce immigration laws, investigate trafficking and smuggling, and protect people from criminal networks. Smugglers can expose migrants to dangerous journeys, exploitation, and serious injury or death.
On the other side, humanitarian organizations often operate in the same areas where these risks occur. Their work may include emergency rescue, monitoring boats in distress, providing medical assistance, and documenting the treatment of people seeking protection.
The challenge is determining where lawful humanitarian work ends and criminal facilitation begins.
Critics of the Greek law argue that harsher penalties linked to NGO membership could blur that distinction or discourage legitimate assistance. Supporters maintain that criminal offenses should be prosecuted regardless of the organizational status of the accused.
Ultimately, the practical effect will depend on how the legislation is interpreted and enforced, the evidence presented in individual cases, and whether courts provide effective safeguards for legitimate humanitarian activity.
A Relevant Case: The Acquittal of 24 Aid Workers
The debate over Greece’s approach to migration has a recent legal backdrop.
In January 2026, a Greek court acquitted 24 aid workers who had faced charges related to alleged migrant smuggling and other offenses connected
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